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Sample records for brazilian federal constitution

  1. The Accidental Federal Agency: On the Dismantle of Constitutional Dispositions Concerning Brazilian Higher Educational System by Administrative Law and its Effects on the Federal Universities

    Directory of Open Access Journals (Sweden)

    Davi Monteiro Diniz

    2015-12-01

    Full Text Available The  Brazilian  Federal  Constitution  of  1988  establishes  the  autonomy  of  Brazilian universities. Moreover, it commands that the universities should not disassociate their activities in teaching, research and extension. This paper considers whether the current administrative law allows the Brazilian public federal universities to accomplish these goals. Departing from the legal approach of these federal universities as executive (administrative agencies, this paper analyzes the main effects of such legal status on the capacity of federal universities  to  fulfill  their  academic  mission,  revealing  a  persistent  gap  between  the constitutional  prescriptions  and  the  administrative  law  concerning  Brazilian  federal universities. It concludes that such legislative discrepancy is clearly detrimental to the constitutional order.

  2. The use of renewable energy in Brazilian energy matrix: economic and environmental aspects protected in the Brazilian Federal Constitution; O uso de energias renovaveis na matriz energetica: aspectos economicos e ambientais defendidos na Constituicao Federal

    Energy Technology Data Exchange (ETDEWEB)

    Sa Junior, Edinaldo Benicio de; Xavier, Yanko Marcius de Alencar [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil)

    2008-07-01

    This work presents the problems of consolidations of biofuels programs in Brazil, especially in a time when the use of renewable energy is essential for restructuring of the energy matrix of the countries. This wok also highlights the regulatory model and the difficulty of the Brazilian government in organizing a regulatory framework, strictly, responsible for the bioenergy issue in Brazil. (author)

  3. A Federal Constitution for the European Union

    DEFF Research Database (Denmark)

    Sweeney, Richard J.

    2003-01-01

    A constitution is more likely to be accepted if it federalizes those issues that arewidely seen as needing complete harmonization. A constitution is more likely to endure if thefederal government does not have powers that are not vital to it but which may alienate somemember states to the point t...

  4. State, federalism and educational policies: implications in brazilian education

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    Karla Cristina Silva Sousa

    2018-01-01

    Full Text Available The article discusses the relationship between state and federalism as a political and administrative organizational form of the state and its implications in Brazilian educational policy. For that, we follow the analysis of the concepts of State, federalism, and educational policies from the classics of Machiavelli (2001, Locke (1998, Rousseau (1999, Hamilton, Jay and Madison (2003, Abrucio Arretche (1996, among others. Therefore, we see that the new Brazilian federalism based on the model proposed by the American Constitution brings the local powers – the municipalities – as new agents within the educational policy and the collaboration regime as a means of effecting cooperative federalism in Brazil. We conclude that the federalism, in Brazilian model, presents itself as demos constraining the national sub-governments.

  5. Federalism and constitutional change in Nigeria

    OpenAIRE

    Okpanachi, Eyene; Garba, Ali

    2010-01-01

    In comparison with established democracies Nigeria is a highly populated and ethnic fragmented state. Therefore after colonial rule and independence a federal constitutional structure was supposed to bring the processes for conflict resolution between the ethnic groups. In 1960 Nigeria started as a highly decentralised state and went through important changes until 1999 towards greater centralisation which found its culmination in regular military governments and open conflicts. Until 1999 ea...

  6. Constitutional guarantees generate negative externalities for the brazilian health system

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    Sandra Mara Campos Alves

    2016-12-01

    Full Text Available The research was conducted in 27 Brazilian courts of law. We aimed to know the legal demands on health and the arguments made by the patient, the defense, and the judge in judicial hearings. For this, we used the method of case law research. The research unit was Brazilian judicial processes with the material object of health demands, decided between 2012 and 2013. The results showed reliance on constitutional arguments for both the request and the decision, while the defense was based on diverse and obsolete legal points. It was concluded that judges have decided questions about health using purely legal arguments and reproducing points made by the patient. The defense of the Brazilian health system is fragile due to the lack of an adequate legal rationale.

  7. Brazilian Constitution and the Fundamental Right to Sanitation

    OpenAIRE

    Michely Vargas Delpupo; José Geraldo Romanello Bueno

    2015-01-01

    The right to basic sanitation, was elevated to the category of fundamental right by the Constitution of 1988 to protect the ecologically balanced environment, ensuring social rights to health and adequate housing and put the dignity of the human person as the foundation of the Brazilian Democratic State. Before their essentiality to humans, this article seeks to understand why universal access to basic sanitation is a goal so difficult to achieve in Brazil. Therefore, thi...

  8. Federalism and decentralization: impact on international and Brazilian health policies.

    Science.gov (United States)

    Leite, Valéria Rodrigues; de Vasconcelos, Cipriano Maia; Lima, Kenio Costa

    2011-01-01

    This article discusses the implications of decentralization in the light of international and Brazilian federalism, and its effects on public health policy. In a comparative analysis among countries, the authors find there is no single model; rather, each country has a unique structure of institutions and norms that have important implications for the operation of its health system. Brazil shares some similarities with other countries that have adopted a decentralized system and is assuming features ever closer to U.S. federalism, with a complex web of relationships. The degree of inequality among Brazilian municipalities and states, along with the budgetary imbalances caused by the minimal levels of resource utilization, undermines Brazil's constitutional principles and, consequently, its federalism. To ensure the constitutional mandate in Brazil, it is essential, as in other countries, to create a stable source of funds and increase the volume and efficiency of spending. Also important are investing in the training of managers, improving information systems, strengthening the principles of autonomy and interdependence, and defining patterns of cooperation within the federation.

  9. What Does the Constitution Say about Federalism?

    Science.gov (United States)

    Patrick, John J.; Remy, Richard C.

    1987-01-01

    Offers a concept learning lesson in which secondary students explore the subject of federalism. Application exercises are used at the end of each main section in order for students to apply what they have learned. (BSR)

  10. State Constitution Revision: An Exercise in Federalism and Sovereignty.

    Science.gov (United States)

    Myers, J. A.

    1988-01-01

    Discusses classroom activities designed to enhance student learning about federalism and sovereignty. Describes classroom discussions on jurisdiction, federalism, and sovereignty generated by asking students to clarify the constitutional section referring to the Writ of Habeas Corpus. Concludes that this exercise clarifies the concepts and…

  11. Limits of verification by the Federal Constitutional Court

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

    The court of administration of Baden-Wuerttemberg passed a resolution on October 27,1983 - 10 S 1102/83 - dismissing the application to revoke the immediate implementation of the first partial construction permit for the joint nuclear power plant Neckar II. As the plaintiff thereupon lodged a complaint with the Federal Constitutional Court the resolution did not become effective immediately. However, the Federal Constitutional Court on October 1, 1984 decreed unanimously in accordance with the section 93a subsection 3 of the law on the Federal Constitutional Court - 1 BvR 231/84 -: ''The constitutional complaint lodged is not taken up for decision because its chances of success are nil.'' Thus the original decision of the court of administration of Baden-Wuerttemberg passed on October 27, 1983 was confirmed by the endorsement of its immediate implementation. (orig./HSCH) [de

  12. Pinning down the Constitution: Interactively Teaching Congress's Power, Federalism, and Constitutional Interpretation

    Science.gov (United States)

    Emenaker, Ryan

    2014-01-01

    "Pin-the-Tail-on-the-Constitution" is an engaged-learning activity that has been conducted in 26 classes over the past four years. The activity teaches multiple themes commonly included in a variety of courses on American politics such as federalism, congressional powers, the role of the federal courts, and the relevance of the commerce…

  13. The Brazilian Audit Tribunal's role in improving the federal environmental licensing process

    International Nuclear Information System (INIS)

    Lima, Luiz Henrique; Magrini, Alessandra

    2010-01-01

    This article describes the role played by the Brazilian Audit Tribunal (Tribunal de Contas da Uniao - TCU) in the external auditing of environmental management in Brazil, highlighting the findings of an operational audit conducted in 2007 of the federal environmental licensing process. Initially, it records the constitutional and legal framework of Brazilian environmental licensing, describing the powers and duties granted to federal, state and municipal institutions. In addition, it presents the responsibilities of the TCU in the environmental area, comparing these with those of other Supreme Audit Institutions (SAI) that are members of the International Organization of Supreme Audit Institutions (INTOSAI). It also describes the work carried out in the operational audit of the Brazilian environmental licensing process and its main conclusions and recommendations. Finally, it draws a parallel between the findings and recommendations made in Brazil with those of academic studies and audits conducted in other countries.

  14. Federal Constitutional Court, decision of 8 July 1982 ('Whyl')

    International Nuclear Information System (INIS)

    Anon.

    1984-01-01

    The Federal Constitutional Court with its decision of July 8, 1982 dismissed the action of the Sasbach Gemeinde which launched an appeal against the judgments of the Baden-Wuerttemberg Higher Administrative Court (of Oct. 17, 1980) and the Federal Administrative Court (of July 17, 1980), by which actions of said Gemeinde to annul the construction licence for unit I (South) of the Wyhl reactor were dismissed. The Federal Constitutional Court decision states that the Gemeinde as a corporate body, and not acting to perform its duties as a local authority, may not claim legal protection on the basis of Art. 14, para. 1, sentence 1 of the Basic Law. Also, the decision states, the interpretation and appropriate application of section 3, (1) of the Nuclear Installations Ordinance does not represent an infringement of the rights guaranteed by Art. 19, para. 4, sencentence 1 of the Basic Law. Nor could the Court see any reasons indicating an offense against Art. 103, (1) of the Basic Law. (HP) [de

  15. Regionalization and political dynamics of Brazilian health federalism.

    Science.gov (United States)

    Dourado, Daniel de Araujo; Elias, Paulo Eduardo Mangeon

    2011-02-01

    The implications from the Brazilian federal structure on the regionalization of health actions and services in the National Unified Health System (SUS) were analyzed, considering that the regional health planning in Brazil takes place within the context of intergovernmental relations as an expression of cooperative federalism in health. The analysis was based on a historical approach to Brazilian health federalism, recognizing two development periods, decentralization and regionalization. Regional health planning of SUS was explored in light of the theoretical framework of federalism. It is concluded that relative centralization of the process is needed in intergovernmental committees to actualize federal coordination and that it is essential to consider formalizing opportunities for dissent, both in regional management boards and in the intergovernmental committees, so that the consensus decision-making can be accomplished in healthcare regionalization.

  16. Federal Constitutional Court, decision of October 5, 1982 (''Stade'')

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    With the decision of October 5, 1982, the preliminary appraisal committee of the Federal Constitutional Court did not accept for trial the appeal on constitutional grounds against the judgment of December 22, 1980 of the Federal Administrative Court (BVerwGE 61, 256), which dismissed the action for anulment of the 7th part-construction permit for Stade nuclear power plant launched by the apellant domiciled at a distance of about 25 km from said power plant. The committee states that there are doubts even as to the admissibility of the appeal. There is no infringement of Art. 19, Para. 4 of the Basic Law, the court says, and explains the requirements to be met by the statement proving one's case. The apellant did not explain why Art. 3, Para. 1, 2 Para. 1, or 103, Para. 1 Basic Law present a reason to commence legal proceedings, and the court comes to the conclusion that even assuming admissibility on other grounds, the action would most likely be unsuccessful. The court does not accept the opinion stated by the apellant, that the Fed. Adm. Court demanded too stringent requirements for proving one's case, in this particular case the right of third parties affected to call for legal protection. The court furthermore states that there is not sufficient reason to appeal against the preclusion of the apellant's complaints in accordance with section 7 b of the Atomic Energy Act, or section 3(1) of the Nuclear Installations Ordinance. (HP) [de

  17. Federal Constitutional Court. Decision of July 8, 1982 (Wyhl)

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    With the decision of July 8, 1982, the second senate of the Federal Constitutional Court judged the action on constitutional grounds, brought in by the municipality of Sassbach near Kaiserstuhl to achieve annulment of the construction permit for Wyhl nuclear power plant, to be inadmissible and also partly unfounded. This decision was taken unanimously. In its statement the Court explains basic ideas on the applicability of the Basic Law with regard to juristic persons within the purview of public law and activities on their part outside the scope of fulfilment of public tasks, as well as on the compatibility of material regulations of preclusion in administrative procedures with the Basic Law, especially with article 19, sub-section (4) of the Basic Law. The Court decided that a municipality is not in the position to claim the right of property as laid down in article 14, para. (1) no. 1 of the Basic Law, even if it becomes active outside the scope of fulfilment of public tasks. (CB) [de

  18. As agências reguladoras e o modelo constitucional brasileiro / Regulatory Agencies and the Constitutional Brazilian System

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    Ana Carolina Borges de Oliveira

    2018-05-01

    Full Text Available Purpose – This article tackles the role of the regulatory agencies and, therefore, verifies the separation of powers model adopted by the Brazilian Constitution, focused on how the constitutional Brazilian system adopted the liberal principle of the separation of powers. Methodology/approach/design – This research analyzes Montesquieu’s theory of separation of powers and its influence on the constitutional Brazilian system. It studies the model proposed by Jürgen Habermas, who proposes a discursive theory of law. Finally, it examines the regulatory phenomenon in Brazil, as well as the structure and the roles played by regulatory agencies in acts. Findings – It is concluded that the role of regulatory agencies in the constitutional Brazilian system can be framed as the new actor in the policy formation process that culminates in decisions about laws and policies. Resumo Propósito – O presente estudo pretende investigar o papel normativo das agências reguladoras e, por conseguinte, verificar se o modelo de separação de poderes adotado pela atual Constituição Federal estaria superado, ou seja, busca-se analisar se há uma incompatibilidade entre o modelo constitucional brasileiro e a atividade normativa desenvolvida pelas agências reguladoras no Brasil. Metodologia/abordagem/design – A presente pesquisa terá como pressupostos teóricos a teoria da separação de poderes desenvolvida por Montesquieu e sua influência nas ordens política e jurídica brasileiras. Adotará, também, como base teórica, o modelo proposto por Jürgen Habermas. Por fim, analisará o fenômeno regulatório no Brasil, bem como a estrutura e os papéis desempenhados pelas agências reguladoras no atual sistema; a fim de verificar se é possível defender que a teoria da separação dos poderes proposta pela Constituição Federal de 1988 está superada Resultados – Conclui-se que o papel desempenhado pelas agências reguladoras no contexto jur

  19. Subjects of the State within the Russian Federation: Constitutional and Legal Framework

    Science.gov (United States)

    Tumanov, Dmitriy Yu.; Sakhapov, Rinat R.

    2016-01-01

    The purpose of this study is to analyze the modern problems of federalism in the Russian Federation. In particular, the article examines the main provisions of the Constitution of the Russian Federation, which regulate the legal status of subjects in the Russian Federation, their rights and responsibilities, limits of autonomy and differentiation…

  20. Budget institutions and fiscal performance of the Brazilian Federal Government

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    Ana Carolina Giuberti

    2015-05-01

    Full Text Available This article aims to assess the impact of federal budget institutions on the primary deficit of the Brazilian Federal Government from 1985 to 2009, a period marked by important changes in these institutions. Based on the methodology established in the literature on political economy that is linked to the macroeconomic mainstream, three sets of budget indices and their respective sub-indices are constructed, and their behaviour over the period of analysis indicate that the changes made have resulted in institutions that induce greater fiscal discipline. Regarding the effect of these institutions on the fiscal performance, the results allow us to conclude that the institutional changes have contributed to a lower government deficit.

  1. Concession of Brazilian Federal Highways: Orphan Assets Evidence

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    Samuel de Rezende Salgado

    2017-01-01

    Full Text Available One of the uses of public service concession contracts in Brazil is in the road infrastructure sector, existing at the federal level 21 roads’ concession contracts, totaling approximately 10 thousand kilometers, which is 12.6% of the federal road network. Whereas in this type of contract the government does not transfer ownership of the asset, but only access to the concessionaire for the operation of public services, this study aims to determine in which entity (public or private are registered the federal roads, object of the concession contracts. To address the research question, the financial statements of 21 utility companies or controlling group were analyzed, as well the balance sheet of the National Land Transportation Agency (ANTT, all for the year 2014. The study findings show that the Brazilian federal highways are not recorded in public statements or in the financial statements of utility companies, providing evidence that these infrastructure assets meet the definition of orphan assets. Thus, the net worth of the ANTT is not adequately represented in its balance sheet.

  2. THE INFLUENCE OF TRUST IN THE CONSTITUTION OF A BRAZILIAN COOPERATIVE OF SELECTIVE WASTE PICKERS

    Directory of Open Access Journals (Sweden)

    Dayanne Marciane Gonçalves

    2016-03-01

    Full Text Available Since the Brazilian public policy started to encourage solidarity economy in 2003, the number of projects and enterprises in this sector has steadily increased. Embeddedness has contributed to the understanding of organizational phenomena of solidarity economy and cooperatives. The aim of this study was to understand the influence of trust, from the perspective of Mark Granovetter’s social networks, on the constitution of a cooperative of urban recyclable waste pickers in southern Brazil between 1996 until early 2012, considered the foundation period. We used the qualitative method with a historical approach to social relationships and content analysis. Possible influences of trust were analysed based on the economic, social and political history of the cooperative. Among the main results, we highlight the existence of social relations before the constitution, defined by trust due to family identity and reputation built over time.

  3. [Verdict of the Federal Constitutional Court on term regulation].

    Science.gov (United States)

    Rieger, H J

    1975-03-21

    The decision of the West German Constitutional Court on legal aborti on is discussed. In its decision of 25 February, 1975, the court declar ed that after the 14th day after conception (implantation) the fetus is considered a legal entity, and since human development is a continuous process, legal protection of the unborn extends for the entire duration of pregnancy. When the woman "cannot be expected" to continue the pregnancy, however, abortion is permitted. This exception includes danger to the life or health of the mother, risk of serious hereditary disease or other congenital abnormality, and pregnancy due to rape or in cest; in cases of serious need, in which social and economic damage to existing children may be expected, the presiding judge may dismiss the case. Until new legislative action is taken, there are several areas of uncertainty in the legal situation of pregnancy interruption.

  4. THE ETHNIC AND LINGUISTIC IDENTITY OF THE ITALIAN-BRAZILIAN: ITS CONSTITUTION AND RECONSTRUCTION

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    Vitalina Maria FROSI

    2013-12-01

    Full Text Available This text approaches the constitution and reconstruction of the ethnic and linguistic identity of the Italian-Brazilian of the northeast region of Rio Grande do Sul. The analysis is qualitative and is based on three Italian dialect phrases, representative of auto-categorization of the Italian descendent, produced by him and used alternately according to the different phases of the social and linguistics processes. The main goal is to understand identity expressions. It describes thoroughly the primordial vision of identity and approaches theoretical principles of scholars who consider identity a constant process of construction and reconstruction which involves individuals during their lifetime and that is reconstructed through generations.The understanding of his identity constitutes a complex matter but it is given through the analysis of the socio-cultural and linguistic changes that took place in the community studied. The identity of an individual is closely connected to his languages and the feeling of belonging to a specific human group. This way, we see the possibility of the subject having more then one identity. Brazilianity and Italianity are both aspects of the same phenomenon. Identity, after all, does not exist beforehand, it is formed and defined historically and it is plural.

  5. A Student Conference on Federalism in the U.S. Constitution. Teaching Strategy.

    Science.gov (United States)

    Koman, Rita G.

    1995-01-01

    Presents a lesson plan on federalism that involves the class researching constitutional issues and inviting local officials to debate these issues. Students conduct a question-and-answer session afterward utilizing their research. Includes a list of proposed issues. (MJP)

  6. Federalism as a Metaphor in the Constitutional Politics of Public Administration.

    Science.gov (United States)

    O'Brien, David M.

    1989-01-01

    Federalism is sometimes a metaphor for states' sovereignty, rather than appreciated as part of the political structure and process created by the Constitution of the United States. The author argues that "federalism" was redefined during the founding period to disassociate it from the discredited idea of states' sovereignty. (Author/JOW)

  7. Questions concerning constitutional law - Laender administration on behalf of the Federal Government

    International Nuclear Information System (INIS)

    Badura, P.

    1991-01-01

    The lecture deals with the interpretation of regulations on competence and organisation in the federal system the Laender administration on behalf of the Federal Government and the federal principles governing the formation of state - the legal relationship between the Federation and the Laender; the competence of the supreme federal authority for subject matters in executing federal law on behalf of the Federal Government. The following concluding statement is given: While extensive, the scope of the Federal Government in influencing the execution of federal law through the Laender in the case of the Laender administration on behalf of the Federal Government has its limits both in law and practice. In the case of atomic energy administration this situation may appear as an execution deficit from the point of view of the Federal Government. If at all desirable, redress is only conceivable via an amendment to Paragraph 85 of the Basic Law or to the specific constitutional regulations - possibly in the strengthening of the Federation through the instruments of Paragraph 85 of the Basic Law: authorization of the supreme federal authority to execute the federal law if there is an urgent public interest in this. (orig./HSCH) [de

  8. Resorting to the Federal Constitutional Court against the atomic energy act consequences of events in Japan

    International Nuclear Information System (INIS)

    Schneider, Horst

    2011-01-01

    When the CDU/CSU-FDP coalition, which had won the federal elections, prepared the amendment to the Atomic Energy Act as announced in the election campaign, i.e. extend the operating life of nuclear power plants in Germany, the political opposition considered resorting to the Federal Constitutional Court. Several legal opinions were commissioned by federal states and other opposition groups with the intention, above all, to obtain confirmation of the need for consent to any plant life extension. Private persons filed complaints for unconstitutionality against the amendment to the Atomic Energy Act. Several federal states followed suit by filing proceedings for judicial review of the constitutionality of the amendment because of the missing consent of the Federal Council, and more than 210 Members of Parliament of SPD and Alliance 90/the Greens filed for judicial review of constitutionality listing as violations of the Constitution the missing approval by the Federal Council, insufficient safety standards, and the reduction of safety requirements. The Federal Constitutional Court has not yet continued proceedings by requesting comments mainly from the federal government, the federal states, and the nuclear power plant operators. What consequences, if any, are drawn from the events in Japan after the earthquake and the tsunami of March 11, 2011 for the operation of German nuclear power plants and worldwide cannot yet be assessed. In Germany, the anti-nuclear debate was triggered immediately in the absence of any exact knowledge of technical safety events and causes at the Fukushima nuclear power plant. International reactions in politics or by competent authorities turned out to be less pointed than in Germany. (orig.)

  9. Constitutional issues of Brazilian tax system in the biodiesel industry; Aspectos constitucionais do regime tributario aplicado a industria brasileira do biodiesel

    Energy Technology Data Exchange (ETDEWEB)

    Ferreira, Ana Monica Medeiros; Xavier, Yanko Marcius de Alencar [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil)

    2008-07-01

    The recent insertion of biodiesel derived from oily vegetables in the Brazilian genetic matrix calls for the analysis of some aspects that belong to it. This study begins with an introduction to 'sustainable development' definition, it goes through the concept of biodiesel and a brief historical, the paper analyzes it's advantages - social, economic and environmental - related to the fossil fuels predominantly used. With the purpose to look into the 'Programa Nacional de Producao e Uso de Biodiesel - PNPB' created by the Federal Government in 2004, this study searches about the Brazilian regulating legislation on this subject, fundamental for the comprehension of the plans and objectives sought by the Brazilian Government with the encouragement to the production of the biodiesel. This study also investigates the role of the 'Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis - ANP' in the regulation of the activities involving this biofuel. In this manner, from the analysis of the related legislation of this new energy source, the present article aims to delineate a view of the the tax system for this new market according to Constitution and pointing out the economic impacts of the biodiesel insertion in the Brazilian national energetic matrix. (author)

  10. Constitutional issues of Brazilian tax system in the biodiesel industry; Aspectos constitucionais do regime tributario aplicado a industria brasileira do biodiesel

    Energy Technology Data Exchange (ETDEWEB)

    Ferreira, Ana Monica Medeiros; Xavier, Yanko Marcius de Alencar [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil)

    2008-07-01

    The recent insertion of biodiesel derived from oily vegetables in the Brazilian genetic matrix calls for the analysis of some aspects that belong to it. This study begins with an introduction to 'sustainable development' definition, it goes through the concept of biodiesel and a brief historical, the paper analyzes it's advantages - social, economic and environmental - related to the fossil fuels predominantly used. With the purpose to look into the 'Programa Nacional de Producao e Uso de Biodiesel - PNPB' created by the Federal Government in 2004, this study searches about the Brazilian regulating legislation on this subject, fundamental for the comprehension of the plans and objectives sought by the Brazilian Government with the encouragement to the production of the biodiesel. This study also investigates the role of the 'Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis - ANP' in the regulation of the activities involving this biofuel. In this manner, from the analysis of the related legislation of this new energy source, the present article aims to delineate a view of the the tax system for this new market according to Constitution and pointing out the economic impacts of the biodiesel insertion in the Brazilian national energetic matrix. (author)

  11. Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1989 (No. 12 of 1989).

    Science.gov (United States)

    1989-01-01

    This document contains major provisions of the Constitution of the Federal Republic of Nigeria which was promulgated by decree in 1989. The Constitution guarantees every citizen equality under the law. Opportunities to secure employment without discrimination are protected; working conditions are to be safe and humane; adequate medical and health facilities are to be available; pay equity is assured; vulnerable groups (children, the aged, and the disabled) are to receive social protection; and the free movement of citizens is assured. The third part of the constitution establishes a national population census which is to be submitted to the President of the country for acceptance.

  12. Federal Constitutional Court (Committee on Preliminary Proceedings). Decision of October 5, 1982 (Stade)

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    With its decision of October 5, 1982, the Committee on Preliminary Proceedings of the Federal Constitutional Court dismissed the challenge of the constitutionality of the 7th part-construction permit for Stade nuclear power plant (Lower Saxony) on the grounds that it will most likely be unsuccessful. The decision includes a statement concerning the right of appeal against operating licences under the Atomic Energy Act, as well as the limits set by the Constitution with regard to the requirements to be met by appeals against administrative court decisions. (HP) [de

  13. Affirmative Action in Federal Employment: Reconciling Government Policy with Federal Law and the Constitution

    National Research Council Canada - National Science Library

    Willson, Stephanie

    2003-01-01

    ...), "Instructions for the Development and Submission of Federal Affirmative Employment Multi-Year Program Plans, Annual Accomplishment Reports, and Annual Plan Updates for FY 1988 through FY 1992" MD...

  14. Interpretation of the possibility of extensive clause IX article 103 of the Federal Constitution by collective protection of procedure

    Directory of Open Access Journals (Sweden)

    Letícia de Oliveira Catani Ferreira

    2018-03-01

    Full Text Available The aim of this study is to analyze the broad interpretation of the rule present in article 103 of the Brazilian Federal Constitution (CF, specifically in section IX, which in its entirety provides an exhaustive list that gives legitimacy to the use of the Direct Action of Unconstitutionality. In this context, which raises doubts to the practicality of having access to courts – specifically for those who have substantial interest in the matter – the claim of the IBDFAM (Brazilian Institute of Family Law, a fair provocation of the Supreme Court, raises the question whether the taxation of child support is income tax and if its practice is unconstitutional. Moreover, seeking the core of the tribute in question, the fact of which is that the increase of equity, or acquisition of the economic or legal availability of income and earnings of any nature, does not prove correct in violating the dignity of those who provide and receive child support. Therefore, this discussion has general repercussions that can affect significantly the Brazilian populace. As can be seen, the inspiration for this work comes from the recent ADI IBDFAM filing, dated November 25, 2015, an opportunity, which set in motion this discussion, as it covered the procedural aspect of the parts’ legitimacy, since it is discussed whether the IBDFAM is considered a class entity of national scope, thusly fulfilling the requirement of art. 2, IX, of Law 9,868 of 1999, and consequently article 103 of the CF. In this chain, IBDFAM was inspired by the IDECON (Consumer Law Institute, which filed the ADI n. 5291 that seeks consumer claims and argues for active legitimacy, with a view to its representativeness at the national level.

  15. Gutta cavat lapidem... the Brokdorf decision of the Federal Constitutional Court

    International Nuclear Information System (INIS)

    Eyermann, E.

    1986-01-01

    The issue discussed is the decision taken by the Federal Constitutional Court on May 14, 1985 - Case number 1 BvR 233 and 341/81 -, concerning a ban on political demonstrations against the Brokdorf reactor. The author expresses surprise and concern about the fact that the right to hold demonstrations in the public is so overemphasized, as he holds that the too great number of political demonstrations we have seen in the past will snag a common feeling of solidarity with the Government and will foster a feeling of listlessness in the general population. As to the case brought before the Federal Constitutional Court, the author's opinion is that the Court ought to have dismissed the constitutional complaints as there is no infringement of civil rights involved in the case, and complaints were inadmissible. (HSCH) [de

  16. Questions concerning constitutional law - Lander administration on behalf of the Federal Government

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1991-01-01

    The lecture gives a basic perspective of a reform of the Laender administration on behalf of the Federal Government and first covers its nature, purpose and structure with respect to the atomic energy administration after the latest decisions of the Federal Constitutional Court. There follows a section on the constitutional and administrative reality of the Laender administration on behalf of the Federal Government as applied to atomic energy law, in which three conflict cases are pointed out. The last section gives an appraisal from the points of view of loyalty in execution, instruments of control (general administrative regulations - single directives - general directives), scope of the Laender administration on behalf of the Federal Government. It is determined whether the situations envisaged by the norms coincide with reality, where there are deficits and how they can be ameliorated by reform. As the Laender administration on behalf of the Federal Government is shaped on constitutional law it is only periphally accessible to an amendment of atomic energy law through normal legislation. (HSCH) [de

  17. Decision of the Federal Constitutional Court on the nuclear fuel tax. A threefold big bang

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2017-01-01

    With the decision of the Federal Constitutional Court (BVerfG, file number 2 BvL 6/13) published on 7 June the Federal Constitutional Court has ''tipped'' the so-called nuclear fuel tax levied by nuclear power plant operators from 2011 to the end of 2016 (tax revenues approx. 6.285 billion Euros). According to the court the Federal legislature does not has any legislative competence for the introduction of this tax. Including interest rates, the current tax debtors E.ON, RWE and EnBW are now refunded a total of just under Euro 7 billion of wrongly levied taxes for the years 2011 to 2016. In substance, the decision on the unconstitutionality and invalidity of the nuclear fuel tax is a threefold big bang.

  18. Federal Constitutional Court - report on Court decisions 1984 no. 40-56

    International Nuclear Information System (INIS)

    Berkemann, J.

    1985-01-01

    The decision deals with the question to which extent administrative courts have to examine the case in summary proceedings against licences pursuant to Atomic Energy Law. The Federal Constitutional Court examines the question if the administrative court has, in checking the chances, misjudged the importance of the appellant's fundamental rights and thus infringed his constitutionally protected position. In this case, the Court comes to the result that after having adjusted the determined interests, the confirmation of immediate execution did not infringe the fundamental rights of the appellant. (HP) [de

  19. Renewable energies in the Brazilian legal system: a constitutional vision; As energias renovaveis no ordenamento juridico brasileiro: uma visao constitucional

    Energy Technology Data Exchange (ETDEWEB)

    Lanzillo, Anderson Souza da Silva; Xavier, Yanko Marcius de Alencar [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2009-08-15

    The focus of this article is the inclusion of renewable energy in Brazil under the legal institutional aspect from the Brazilian Constitution of 1988. The legal perspective, set up three central pillars of questions: what questions the renewable energy in Brazil put in the legal treatment of the theme? What constitutional legal instruments for the management of renewable energy? Which legal instruments that would be recommended, as policy instruments, for the inclusion of renewable energy in Brazil? With these questions, we will develop the argument of the text.

  20. Breast cancer screening: updated recommendations of the Brazilian College of Radiology and Diagnostic Imaging, Brazilian Breast Disease Society, and Brazilian Federation of Gynecological and Obstetrical Associations

    Directory of Open Access Journals (Sweden)

    Linei Augusta Brolini Dellê Urban

    Full Text Available Abstract Objective: To present the current recommendations for breast cancer screening in Brazil, as devised by the Brazilian College of Radiology and Diagnostic Imaging, the Brazilian Breast Disease Society, and the Brazilian Federation of Gynecological and Obstetrical Associations. Materials and methods: We analyzed scientific studies available in the Medline and Lilacs databases. In the absence of evidence, the recommendations reflected the consensus of a panel of experts. Recommendations: Annual mammography screening is recommended for women 40-74 years of age. Among women ≥ 75 years of age, annual mammography screening should be reserved for those with an expected survival > 7 years. Complementary ultrasound should be considered for women with dense breasts. Complementary magnetic resonance imaging is recommended for women at high risk. When available, an advanced form of mammography known as tomosynthesis can be considered as a means of screening for breast cancer.

  1. [Connections between fiscal federalism and the funding of the Brazilian health care policy].

    Science.gov (United States)

    de Lima, Luciana Dias

    2007-01-01

    In the Brazilian society's context of meager financial resources for health care, associated with structural features of fiscal federalism and with the current model of funding transfers for the Unified Health System's (SUS), important inequities directly impact political negotiations and the deployment of federal financing alternatives which are not directly linked to the supply and production of health care activities and services by states and municipalities. We observed that health policies, since the second half of the nineties, have developed their own mechanisms that, in the above mentioned context, tend to accommodate different interests and federative conflicts generated by structural factors and by institutional rules. However, the absence of an integrated planning program between the criteria to establish resource redistribution for financing the Unified Health System and the Brazilian Federation's fiscal sharing system, end up reinforcing certain asymmetric patterns and generating new imbalances, making the compensation of inequities difficult in public health spending at the sub-national domain.

  2. The Rise of International Relations Programs in the Brazilian Federal Universities: Curriculum Specificities and Current Challenges

    Science.gov (United States)

    Ferreira, Marcos Alan S. V.

    2016-01-01

    The aim of this reflection is to study the new international relations (IR) programs introduced by Brazilian federal universities, looking comparatively at their curriculum specificities and current challenges. In recent years, Brazil has seen an increase of IR programs launched in several regions. Since 2003, the Ministry of Education is in the…

  3. THE AUSTRIAN CONSTITUTIONAL CONVENTION: CONTINUING THE PATH TO REFORM THE FEDERAL STATE?

    Directory of Open Access Journals (Sweden)

    Anna Gamper

    2006-04-01

    Full Text Available This article discusses the different debates and attempts to reform the Austrianfederal system over the last fifteen years. The article is based on a historicalperspective that describes the most relevant developments of Austrianfederalism during the 20th century, highlighting the importance of thecentralisation process through the constant transfer of powers from the Länderto the Federal Government, as well as various debates in this regard.According to the author, since 1995, the year of Austrian adhesion to theEuropean Union, two opportunities have been missed to carry out a generalreform of the federal system which could contribute to compensating thecentralisation process.The first missed opportunity is directly related to the Austrian adhesion tothe European Union. The Länder agreed to the adhesion under the conditionthat the Federal Constitution would include their participation in Europeandecision-making processes. By focussing on this point, the Länder set aside the opportunity to take advantage of the debate and, as a consequence,press for structural reform of the federal system. The second missed opportunitywas related to the dispersion of proposals resulting from the work ofthe Austrian Constitutional Convention. The Convention, created in 2003,had the mission of discussing those aspects of the reform of the Constitutionthat regulated the federal structure of the country and, as a consequence,of making a first draft reform. The incapability of establishing and definingcommon ground for reform, together with the lack of flexibility and ofseeking political commitment, weakened the role of the Convention and,thus, any possibility to carry on with the reform.

  4. The German Federal Constitutional Court's Ruling on Outright Monetary Transactions (OMT) - Another Step Towards National Closure?

    OpenAIRE

    Schiek, Dagmar

    2014-01-01

    The German Federal Constitutional Court (FCC) ruling of 14 January 2014 deserves a thorough evaluation on several accounts: It is the first ever reference by the FCC to the Court of Justice of the European Union (CJEU), it represents a continuation of FCC case law aimed at restricting the impact of European Union law as interpreted by the Court of Justices of the European Union (CJEU) on German law as well as questioning Germany’s participation in an ever closer European Union, and it has the...

  5. Shaping the future or meeting the challenge? The federal constitutional proposals and global warming

    International Nuclear Information System (INIS)

    Bankes, N.

    1991-01-01

    Recent Canadian federal constitutional proposals, presented in a report entitled Shaping Canada's Future Together, have the objective of establishing the basis for a federation capable of confronting global economic, security, and environmental challenges through the 21st century. Global solutions to these problems, such as the warming caused by the greenhouse effect, must be applied by each country. The proposals are evaluated according to the support they give the federal government in the negotiation and execution of an international agreement on greenhouse gas emissions. It is concluded that compared to other jurisdictions, the Canadian government is particularly badly equipped for carrying out such a task with regard to the present distribution of powers. The proposals do not aid to resolve this problem and even aggravate it in some instances. For example, a proposal to stabilize greenhouse gas emissions or impose cutbacks by a system of marketable emission permits would in effect create a new set of property and civil rights in the provinces. Implementing such a set of rights would have to be done in cooperation with the provinces, which would be difficult, and if implemented, it would entrench a laissez-faire approach to economics which would not always serve the goal of environmental protection. 18 refs

  6. with a comparative view at the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court

    OpenAIRE

    Hiller, Kinga

    2010-01-01

    This thesis is about the connection between the constitutional ownership guarantee and the political-philosophical conception of property. I portray and analyze the jurisdiction of the Hungarian Constitutional Court since the fall of Communism in 1989 in light of these two aspects and venture a comparison with the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court. In political and philosophical terms, there are - roughly speaking - two opposing conceptio...

  7. Comment on the decision of the Federal Constitutional Court of December 20, 1979

    International Nuclear Information System (INIS)

    Rauschning, G.

    1980-01-01

    The author analyzes critically the chain of reasoning the Federal Constitutional Court followed in its decision on the Muehlheim-Kaerlich Reactor. He comments on the grounds delivered for the admissibility of the complaint of unconstitutionality, on the mandatory obligation of the state to protect life and health as laid down in Para. 2 of Art. 2 of the Basic Law, on the possible, joint responsibility of the state for nuclear risks. The author stresses that the nullification of licences granted according to the Atomic Energy Law is not to be decided on the grounds of Para. 2 of Art. 20 of the Basic Law. No reference should be made to Basic Law constructions which are of a generalizing, dogmatic nature and might blow up our system of basic rights because of a supposedly special situation in the Atomic Energy Law. (HSCH) [de

  8. German Federal Constitutional Court decision of May 22, 1990. On the right of the Federal Government to issue instructions in the field of commission administration

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    The Federal Constitutional Court discusses questions relating to the distribution of competence in the field of commission administration pursuant to Article 85 of the Basic Law ('Grundgesetz') in connection with a specific licensing procedure under atomic law (Kalkar). Under Art. 85 of the Basic Law executive competence is assigned irrevocably to the individual State, whereas substantive competence is always only assigned to the State insofar as it is not claimed by Federal Government. The decision further reviews questions of: Legal injury through federal instruction pursuant to Article 85 (3) of the Basic Law; a claimable right to the substantively lawful execution of the authority to instruct or even a right to sue for an injunction in the case of an infringement of the Constitution or of a basic right and associated boundary questions; the nedessity of clarity of instructions; and the obligation of Federal Government to act in a manner conducive to the promotion of the interests of the Federation as such. The Court also made it clear that the limits to the influence of the state on the rights of the individual derived from the principle of the Rule of Law do not apply to questions concerning competence in the Federation-State relationship. [Reference: Federal Constitutional Court 2 BvG 1/88, decision of May 22, 1990]. (RST) [de

  9. The judgment on the phosphoethanolamine case and the jurisprudence of the Brazilian Federal Supreme Court

    Directory of Open Access Journals (Sweden)

    Zebulum J. C.

    2017-02-01

    Full Text Available Widespread use of the synthetic substance phosphoethanolamine, known as the cancer pill, was recently reported among patients with malignant neoplasm. However, the substance was not registered in the Brazilian National Health Surveillance Agency and the clinical studies necessary to guarantee its effectiveness and safety had not even been completed. Neverthe-less, the federal government enacted Law number 13.269/2016, authorizing provision by the Brazilian National Public Health System under certain conditions, and various injunctions were granted that forced the state to provide it. The question was considered by the Supreme Court in two important judgments in which the Court suspended all injunctions granted and suspended the effectiveness of the law based on evidence of unconstitutionality. In this article, we analyze the legal grounds of the decisions in the context of previous positions of the Court and the guidelines established in judgment of STA 175-AgR/CE.

  10. A constituição de 1988, vinte anos depois: suprema corte e ativismo judicial "à brasileira" The Brazilian 1988 constitution twenty years on: supreme court and activism in a "Brazilian mode"

    Directory of Open Access Journals (Sweden)

    Marcos Paulo Verissimo

    2008-12-01

    Full Text Available Este artigo examina as transformações por que vem passando o Supremo Tribunal Federal nos últimos anos, relacionando-as à sua reconfiguração institucional ocorrida por ocasião da Constituição de 1988. essas transformações são apresentadas como respostas a um duplo fenômeno (impulsionado por essa mesma reconfiguração institucional de incremento do papel político do tribunal, por um lado, e de sobrecarga extraordinária de seu volume de trabalho, por outro. Essa tensão reflete no modelo misto de controle de constitucionalidade no Brasil e parece apontar para mudanças iminentes nesse mesmo modelo, algumas das quais já vêm sendo concebidas pelo próprio tribunal.The Brazilian Supreme Court is currently changing. This process of change seems to aim at solving a important contradiction caused by the institutional redesign of the court in the 1988 Constitution that, on the one hand, has transformed it into one of the country's major political actors, but, on the other hand, has also caused its dockets to get incredibly overloaded, forcing the court to deal with more then 100,000 cases a year. The solution for such paradox will probably lead to changes in the Brazilian mixed model of judicial review, and some of these changes are already been conceived by the jurisprudence of the court itself.

  11. Constitutional limits on federal legislation practically compelling medical employment: Wong v Commonwealth; Selim v Professional Services Review Committee.

    Science.gov (United States)

    Faunce, Thomas

    2009-10-01

    A recent decision by the High Court of Australia (Wong v Commonwealth; Selim v Professional Services Review Committee (2009) 236 CLR 573) (the PSR case) has not only clarified the scope of the Australian constitutional prohibition on "any form of civil conscription" in relation to federal legislation concerning medical or dental services (s 51xxiiiA), but has highlighted its importance as a great constitutional guarantee ensuring the mixed State-federal and public-private nature of medical service delivery in Australia. Previous decisions of the High Court have clarified that the prohibition does not prevent federal laws regulating the manner in which medical services are provided. The PSR case determined that the anti-overservicing provisions directed at bulk-billing general practitioners under Pt VAA of the Health Insurance Act 1973 (Cth) did not offend the prohibition. Importantly, the High Court also indicated that the s 51(xxiiiA) civil conscription guarantee should be construed widely and that it would invalidate federal laws requiring providers of medical and dental services (either expressly or by practical compulsion) to work for the federal government or any specified State, agency or private industrial employer. This decision is likely to restrict the capacity of any future federal government to restructure the Australian health care system, eg by implementing recommendations from the National Health and Hospitals Reform Commission for either federal government or private corporate control of presently State-run public hospitals.

  12. Illegal use of natural resources in federal protected areas of the Brazilian Amazon.

    Science.gov (United States)

    Kauano, Érico E; Silva, Jose M C; Michalski, Fernanda

    2017-01-01

    The Brazilian Amazon is the world's largest rainforest regions and plays a key role in biodiversity conservation as well as climate adaptation and mitigation. The government has created a network of protected areas (PAs) to ensure long-term conservation of the region. However, despite the importance of and positive advances in the establishment of PAs, natural resource depletion in the Brazilian Amazon is pervasive. We evaluated a total of 4,243 official law enforcement records generated between 2010 and 2015 to understand the geographical distribution of the illegal use of resources in federal PAs in the Brazilian Amazon. We classified illegal activities into ten categories and used generalized additive models (GAMs) to evaluate the relationship between illegal use of natural resources inside PAs with management type, age of PAs, population density, and accessibility. We found 27 types of illegal use of natural resources that were grouped into 10 categories of illegal activities. Most infractions were related to suppression and degradation of vegetation (37.40%), followed by illegal fishing (27.30%) and hunting activities (18.20%). The explanatory power of the GAMs was low for all categories of illegal activity, with a maximum explained variation of 41.2% for illegal activities as a whole, and a minimum of 14.6% for hunting activities. These findings demonstrate that even though PAs are fundamental for nature conservation in the Brazilian Amazon, the pressures and threats posed by human activities include a broad range of illegal uses of natural resources. Population density up to 50 km from a PA is a key variable, influencing illegal activities. These threats endanger long-term conservation and many efforts are still needed to maintain PAs that are large enough and sufficiently intact to maintain ecosystem functions and protect biodiversity.

  13. Forum: Reconsidering the Supreme Court's "Rodriguez" Decision--Is There a Federal Constitutional Right to Education?

    Science.gov (United States)

    Ogletree, Charles J., Jr.; Robinson, Kimberly Jenkins; Lindseth, Alfred A.; Testani, Rocco E.; Peifer, Lee A.

    2017-01-01

    Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first…

  14. The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

    International Nuclear Information System (INIS)

    Zimmermann, B.

    1992-01-01

    The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

  15. Co-financing of Social Policy in the Brazilian Federalism Context of XXI Century

    Directory of Open Access Journals (Sweden)

    Evilasio Salvador

    2014-12-01

    Full Text Available The federal arrangement post Constitution comes indicating greater accountability of federal units and municipalities in the implementation of social policies at the same time as it gave greater autonomy in tax collection. From the 2000s, the new rules of social policies in education, health and social assitance has required a greater effort of budgetary resources of the states, the Federal District and municipalities, without the creation or injection of additional tax revenue. In social policies, important legislative changes mark the first decade of this century in Brazil with direct implications on federal arrangement and therefore the co-financing of social policies. The main objective of this article is to analyze the amount of funds invested by the federal government, states, Federal District and municipalities in budget functions: social assistance, health and education, from 2002 to 2012, highlighting the co-financing these social policies. As well as to identify some obstacles created by the fiscal adjustment underway in the country to expand the co-financing of social policies.

  16. Is the German Federal Constitutional Court off course? Some thoughts on the control intensity of administrative case law

    International Nuclear Information System (INIS)

    Wuerkner, J.

    1992-01-01

    The article comes to the overall conclusion that the efforts of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) to make the protection of basic rights more effective by largely restricting the discretionary powers of the administration, as justified as this may be from the point of view of general constitutional law, ultimately leads to legal uncertainties for both legal practitioners and persons seeking legal remedies. It is not only that court proceedings will be delayed by the increased necessity to consult outside experts, but also the practising administrative judges themselves will only slowly be able to adjust to the new situation. It remains to be seen whether the Federal Administrative Court (Bundesverwaltungsgericht) will be able to finally provide for the necessary clarity in the foreseeable future. (orig.) [de

  17. Brazilian Federal Police drug chemical profiling - the PeQui project.

    Science.gov (United States)

    Zacca, Jorge J; Botelho, Elvio Dias; Vieira, Maurício L; Almeida, Fernanda L A; Ferreira, Luciana S; Maldaner, Adriano O

    2014-07-01

    Over the past six years the Brazilian Federal Police has undertaken major efforts in order to implement and to develop its own drug chemical profiling program. This paper aims to provide a broad perspective regarding the managerial strategies and some examples of subsequent technical issues involved in the implementation of such a project. Close collaboration with local drug enforcement and investigation teams, establishment of proper worldwide partnerships with well recognized institutions in the field of drug analysis and the attainment of suitable funding and human resources are shown to be key success factors. Some preliminary results concerning the chemical profile of cocaine seizures in Brazil during this process are presented. Copyright © 2014 Forensic Science Society. Published by Elsevier Ireland Ltd. All rights reserved.

  18. A constitutional analysis of the right of action in the brazilian civil suit Uma análise constitucional do direito de ação no processo civil brasileiro

    Directory of Open Access Journals (Sweden)

    Márcia Regina Pitta Lopes Aquino

    2006-12-01

    Full Text Available The purpose of this study is to analyze the right of action in the Brazilian Civil Suit according to the Federal Constitution. This research highlights the crisis that the State, the Law and the Juridical Science have gone through go mainly after World War II. Proceduralism and substantialism are addressed in regard to their fundamental aspects as well as the existent dilemma between juridical positivism and jusnaturalism. Based on the theories that encompass the “third way”, this work attempts to show the importance of certain procedures for realizing values of constitutional principles that permeate the whole juridical order. It is concluded that the process is not only an instrument but also a dimension of law itself. The right of action as expressed in art. 5, Chapter XXXV of the Federal Constitution is eminently procedural and should be undertood as a right to process.O estudo objetiva a análise do direito de ação no processo civil brasileiro a partir da Constituição Federal. Aponta a crise por que passam Estado, Direito e Ciência Jurídica ,especialmente após a Segunda Guerra Mundial. Procedimentalismo e substancialismo, bem como jusnaturalismo e positivismo jurídico são apresentados em seus pontos fundamentais. Com fundamento em teorias que compõem uma “terceira via”, busca demonstrar a importância dos procedimentos na realização dos valores consubstanciados em princípios constitucionais que se irradiam por todo o ordenamento jurídico. Conclui que o processo não é apenas um instrumento, mas uma dimensão do direito. O direito de ação expresso no artigo 5º , XXXV da Constituição Federal é eminentemente processual e deve ser entendido como direito ao processo.

  19. Right to health in Russian Federation: identification of its current stage of constitutional and legal recognition

    Directory of Open Access Journals (Sweden)

    TARASENKO, Elena

    2013-11-01

    Full Text Available Russian Federation has made a strong legal commitment to the human right to health through the ratification of several key international human rights laws. Current public health care policies also demonstrate that Russian Federation has committed itself to provide the human right to health protection of people residing with its jurisdiction. All residents of Russia are eligible for medical care free of charge. Medical services are provided directly to patients by government health care providers. This includes general and specialist medical care, hospitalization, diagnostic laboratory services, dental care, maternity care and transportation, free drugs for disabled, medical rehabilitation, etc. The legal basis for the human right to health at the federal level is provided by a variety of legislative acts (codes, federal laws, presidential decrees, decisions and proposals of the government of the Russian Federation, and orders of the government and of the Ministry of Health and other ministries. The legal bas is at the regional level is provided by legislative instruments enacted by the governments of the Subjects of Russian Federation.

  20. Federal regulation on the handling of substances constituting a hazard to water; Bundeseinheitliche Regelung des Umgangs mit wassergefaehrdenden Stoffen

    Energy Technology Data Exchange (ETDEWEB)

    Hollaender, Robert; Unnerstall, Herwig; Skiba, Katja; Katscher, Henriette; Kochmann, Linda; Enderlein, Frank [Leipzig Univ. (Germany). Professur fuer Umwelttechnik und -management; Helmholtzzentrum fuer Umweltforschung - ufz, Leipzig (Germany). Dept. Umwelt- und Planungsrecht; Sachverstaendigenorganisation AGU-TSO e.V., Bergen b. Auerbach (Germany)

    2010-03-15

    Subject of the research project was preliminary work for a draft of the federal ordinance on the handling of substances constituting a hazard to water. Basis was the draft for an Environmental Code by the Federal Ministry for the Environment from 25. June 2007 and 03. July 2008, Part II on water management. This report includes an analysis of the existing ordinances of the Laender (to be replaced by the new federal ordinance), a survey on problems with their enforcement, an analysis of European Directives on relevant implementation requirements, an analysis of the relation to the legislation on construction products, a comparison to regulations of other European Countries for the protection of water against hazardous substances, an approach for obligations of an ordinance, a preliminary draft of an ordinance, a concept for a system of related Technical Rules and finally an evaluation of possible costs of operators and of additional tasks of authorities due to obligations in the preliminary draft. (orig.)

  1. Sovereign Immunity in a Constitutional Government: The Federal Employment Discrimination Cases

    Science.gov (United States)

    Abernathy, Charles F.

    1975-01-01

    Considers employment discrimination suits against federal officers where application of the sovereign immunity doctrine has generated considerable confusion and attendant injustice, and develops the separation of powers rationale for sovereign immunity, showing how the immunity principles adopted by the Supreme Court implicitly define the…

  2. The Swiss Federal Supreme Court: A Constitutional Assessment of Control and Management Mechanisms

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2008-10-01

    Full Text Available Even the highest courts are under pressure to perform effectively and efficiently. In some instances, the pressure comes from supervisory and elected authorities, such as parliaments, which demand information regarding judicial output. In Switzerland a decision has been made by the Parliament to apply “steering instruments”, which were introduced as part of general administrative reforms. These procedures also include mechanisms for “controlling” 2 judicial activity. In this article, we examine reforms relating to the Swiss Federal Supreme Court , and the compatibility of those reforms with separation of powers principles.

  3. EVALUATION OF THE INITIAL TREE COMMUNITY ESTABBLISHED ON A GRAVEL MINE IN THE BRAZILIAN FEDERAL DISTRICT

    Directory of Open Access Journals (Sweden)

    Raquel Álvares Leão

    2005-05-01

    Full Text Available Mining activities for urbanization purposes have been practiced in the BrazilianFederal District for the last fifty years. Exploitation of sand, clay, stones, calcareous rocks,and gravel deposits resulted in 0.6% of the territory degraded by mining. Deposits explored inthe last ten years have been reclaimed as demanded by local laws.The natural restoration of areas degraded by mining explotation is unpraticable,because the seed-bed and seedlings-bed is very injuried. Also the superficial layers of soil aretaken off, causing loss of microorganism like fungi, which contributes for environmental’squality improvement for the vegetation reestablishment (Vargas & Hungria, 1997.Fortunatelly, environmental laws oblige miners to replace these superficial layers of soil(CREA-DF Cursos, 2004.The recovering of a degradaded area doesn’t necessarily mean restoration. Restorationonly happens when the damage is minimal, for example, a glade opened by the death of a tree(Fonseca et al., 2001. When an area is hardly damaged, the vegetal climax community,resulting from secondary succession, will never be the same as the one standed there before(CREA-DF Cursos, 2004; Fonseca et al., 2001. In the case of areas degraded by mining,human intervention is necessary, because the vegetation has lost its resilience, and is not ableto commence a secondary succession by itself.

  4. Constitutional Principles and E-Government: An Opinion about Possible Effects of Federalism and the Separation of Powers on E-Government Policies.

    Science.gov (United States)

    Jaeger, Paul T.

    2002-01-01

    Examines how Constitutional principles, specifically the doctrines of Federalism and the separation of powers, relate to e-government policies and practices. Suggests that the move toward e-government, with emphasis on the simplification of access to government information and services, must be considered with regard to Federalism and separation…

  5. Television food marketing to children revisited: the Federal Trade Commission has the constitutional and statutory authority to regulate.

    Science.gov (United States)

    Pomeranz, Jennifer L

    2010-01-01

    The evidence reveals that young children are targeted by food and beverage advertisers but are unable to comprehend the commercial context and persuasive intent of marketing. Although the First Amendment protects commercial speech, it does not protect deceptive and misleading speech for profit. Marketing directed at children may fall into this category of unprotected speech. Further, children do not have the same First Amendment right to receive speech as adults. For the first time since the Federal Trade Commission's original attempt to regulate marketing to children in the 1970s (termed KidVid), the political, scientific, and legal climate coalesce to make the time well-suited to reevaluate the FTC's authority for action. This paper analyzes the constitutional authority for the FTC to regulate television food marketing directed at children as deceptive in light of the most robust public health evidence on the subject.

  6. WHO Safety Surgical Checklist implementation evaluation in public hospitals in the Brazilian Federal District

    Directory of Open Access Journals (Sweden)

    Heiko T. Santana

    2016-09-01

    Full Text Available Summary: The World Health Organization (WHO created the WHO Surgical Safety Checklist to prevent adverse events in operating rooms. The aim of this study was to analyze WHO checklist implementation in three operating rooms of public hospitals in the Brazilian Federal District. A prospective cross-sectional study was performed with pre- (Period I and post (Period II-checklist intervention evaluations. A total of 1141 patients and 1052 patients were studied in Periods I and II for a total of 2193 patients. Period I took place from December 2012 to March 2013, and Period II took place from April 2013 to August 2014. Regarding the pre-operatory items, most surgeries were classified as clean-contaminated in both phases, and team attire improved from 19.2% to 71.0% in Period II. Regarding checklist adherence in Period II, “Patient identification” significantly improved in the stage “Before induction of anesthesia”. “Allergy verification”, “Airway obstruction verification”, and “Risk of blood loss assessment” had low adherence in all three hospitals. The items in the stage “Before surgical incision” showed greater than 90.0% adherence with the exception of “Anticipated critical events: Anesthesia team review” (86.7% and “Essential imaging display” (80.0%. Low adherence was noted in “Instrument counts” and “Equipment problems” in the stage “Before patient leaves operating room”. Complications and deaths were low in both periods. Despite the variability in checklist item compliance in the surveyed hospitals, WHO checklist implementation as an intervention tool showed good adherence to the majority of the items on the list. Nevertheless, motivation to use the instrument by the surgical team with the intent of improving surgical patient safety continues to be crucial. Keywords: Surgical checklist, Adverse events, Patient safety, Surgical team, Infection control

  7. Trends in medicines procurement by the Brazilian federal government from 2006 to 2013.

    Science.gov (United States)

    Chama Borges Luz, Tatiana; Garcia Serpa Osorio-de-Castro, Claudia; Magarinos-Torres, Rachel; Wettermark, Bjorn

    2017-01-01

    The costs of medicines pose a growing burden on healthcare systems worldwide. A comprehensive understanding of current procurement processes provides strong support for the development of effective policies. This study examined Brazilian Federal Government pharmaceutical procurement data provided by the Integrated System for the Administration of General Services (SIASG) database, from 2006 to 2013. Medicine purchases were aggregated by volume and expenditure for each year. Data on expenditure were adjusted for inflation using the Extended National Consumer Price Index (IPCA) for December 31, 2013. Lorenz distribution curves were used to study the cumulative proportion of purchased therapeutic classes. Expenditure variance analysis was performed to determine the impact of each factor, price and/or volume, on total expenditure variation. Annual expenditure on medicines increased 2.72 times, while the purchased volume of drugs increased 1.99 times. A limited number of therapeutic classes dominated expenditure each year. Drugs for infectious diseases drove the increase in expenditures from 2006 to 2009 but were replaced by antineoplastic and immunomodulating agents beginning in 2010. Immunosuppressants (L04), accounted for one third of purchases since 2010, showing the most substantial growth in expenditures during the period (250-fold increase). The overwhelming price-related increase in expenditures caused by these medicines is bound to have a relevant impact on the sustainability of the pharmaceutical supply system. We observed increasing trends in expenditures, especially in specific therapeutic classes. We propose the development and implementation of better medicine procurement systems, and strategies to allow for monitoring of product price, effectiveness, and safety. This must be done with ongoing assessment of pharmaceutical innovations, therapeutic value and budget impact.

  8. Trends in medicines procurement by the Brazilian federal government from 2006 to 2013.

    Directory of Open Access Journals (Sweden)

    Tatiana Chama Borges Luz

    Full Text Available The costs of medicines pose a growing burden on healthcare systems worldwide. A comprehensive understanding of current procurement processes provides strong support for the development of effective policies. This study examined Brazilian Federal Government pharmaceutical procurement data provided by the Integrated System for the Administration of General Services (SIASG database, from 2006 to 2013. Medicine purchases were aggregated by volume and expenditure for each year. Data on expenditure were adjusted for inflation using the Extended National Consumer Price Index (IPCA for December 31, 2013. Lorenz distribution curves were used to study the cumulative proportion of purchased therapeutic classes. Expenditure variance analysis was performed to determine the impact of each factor, price and/or volume, on total expenditure variation. Annual expenditure on medicines increased 2.72 times, while the purchased volume of drugs increased 1.99 times. A limited number of therapeutic classes dominated expenditure each year. Drugs for infectious diseases drove the increase in expenditures from 2006 to 2009 but were replaced by antineoplastic and immunomodulating agents beginning in 2010. Immunosuppressants (L04, accounted for one third of purchases since 2010, showing the most substantial growth in expenditures during the period (250-fold increase. The overwhelming price-related increase in expenditures caused by these medicines is bound to have a relevant impact on the sustainability of the pharmaceutical supply system. We observed increasing trends in expenditures, especially in specific therapeutic classes. We propose the development and implementation of better medicine procurement systems, and strategies to allow for monitoring of product price, effectiveness, and safety. This must be done with ongoing assessment of pharmaceutical innovations, therapeutic value and budget impact.

  9. Constitutional questions on a reform of the Atomic Energy Act, in particular on the distribution of administrative competence within the Federation

    International Nuclear Information System (INIS)

    Steinberg, R.

    1991-01-01

    The lecture deals in particular with the constitutional framing and the principles of the Laender administration on behalf of the Federal Government, the responsibility of the Land for subject matters and action and submit reports, court proceedings the barrier of Paragraph 85 II of the Basic Law: 'Directives'. The final conclusion is that the proposals to shift the administrative responsibilities for the execution of the Atomic Energy Act to the Federation and those for a supposed elimination of weak points in the Laender administration on behalf of the Federal Government are highly questionable in the face of constitutional law. The attempt at a new interpretation of the regulations on the Federal Government is equal to the intention of amending the Constitution without a law for such an amendment. What poses the foremost problems, however, is the perspective that is to set the course here for the reform of the Atomic Energy Act: strengthening of the Federation and further weakening of the competences of the Laender that constitute their autonomous statehood. No consideration is given to the point that structural changes to the atomic energy administration must necessarily effect other areas of the Laender administration on behalf of the Federal Government where the work done over more than 40 years has been to everyone's satisfaction. Then again the intention of fostering the nuclear industry by strengthening the Federal Government might backfire after the next elections to the Bundestag. (orig./HSCH) [de

  10. THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

    Directory of Open Access Journals (Sweden)

    Alexander Chuklin

    2017-01-01

    Full Text Available The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters

  11. [The federal government discourse during the political decentralization process and the obstacles to implement the Brazilian Public Health Care System].

    Science.gov (United States)

    Pellegrini, Bárbara

    2007-01-01

    A discourse analysis carried out on basic operating standard Norma Operacional Básica do Sistema Unico de Saúde (NOB-SUS 01/96) of the Brazilian public health care system aiming at locating signs that could allow to identify lines of thought which have influenced health care policies prioritized by the federal administration. The author points out a peculiarity in the kind of discourse employed by the ministry directive: its structure is based on isolated aspects of legislation and on ideas advocated by other discourse communities, articulated with redefined legal principles - an effort towards authorizing the official reasoning in favor of the relevance in keeping the decentralization process under the control of the federal administration. The analysis concludes that an infra-legal standard can neither grant state and federal administrations a hierarchical superiority (mediation function) over municipal administrations, nor can it transfer the legal responsibilities pertaining to Health Councils over to inter-administration commissions (Comissões Intergestores) , thus making the former mere decision ratifiers. This study found that granting privileges not contemplated in the legislation to state and federal administrations surfaced again and more strongly so in 2001 in yet another operating standard.

  12. Analisys of IT outsourcing contracts at the TCU (Federal Court of Accounts and of the legislation that governs these contracts in the Brazilian Federal Public administration

    Directory of Open Access Journals (Sweden)

    Graziela Ferreira Guarda

    2015-09-01

    Full Text Available Information technology (IT outsourcing has for a long time been a major trend in business and government. Accountability of IT outsourcing contracts in the public administration is recognized as an important factor contributing to government transparency and public services quality, given the legislation governing these contracts and the amount of related expenditures. Considering the trend towards open government data publishing, including data on outsourcing contracts, there is an interesting opportunity for citizens to participate in the open auditing of these contracts as a means to assess the good application of public resources. In this study we explore this possibility by analyzing open data published by the Brazilian Federal Court of Accounts (TCU is its acronym in Portuguese, an interesting case since this agency has a paramount role in auditing the whole Brazilian Federal Public Administration. To this end, we gathered open data from the TCU regarding all outsourced IT services contracts maintained by the agency during the years 2000-2013. This data is analyzed to verify, from an external point of view, the related duration and values, identifying diferences between the predicted and actual amounts spent and evaluating the administration of such contracts regarding legislation. This analysis is based on a detailed survey of the relevant legislation as well as the verification of original contract terms and their addendums. As a result, we observed substantial differences in the amount spent on execution with respect to those predicted in the original contracts. Also, we identified the utilization of special justifications prescribed by law to sustain the extension of some contracts. Given these results, it is possible that IT outsourcing is not necessarily proved to be the best solution for the public sector problems regarding the lack of skilled personnel, which implies the need to assess the cost-benefit of maintaining these

  13. Decision of the Federal Constitutional Court on the nuclear fuel tax. A threefold big bang; Entscheidung des Bundesverfassungsgerichts zur Kernbrennstoffsteuer. Dreifacher Paukenschlag

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2017-08-15

    With the decision of the Federal Constitutional Court (BVerfG, file number 2 BvL 6/13) published on 7 June the Federal Constitutional Court has ''tipped'' the so-called nuclear fuel tax levied by nuclear power plant operators from 2011 to the end of 2016 (tax revenues approx. 6.285 billion Euros). According to the court the Federal legislature does not has any legislative competence for the introduction of this tax. Including interest rates, the current tax debtors E.ON, RWE and EnBW are now refunded a total of just under Euro 7 billion of wrongly levied taxes for the years 2011 to 2016. In substance, the decision on the unconstitutionality and invalidity of the nuclear fuel tax is a threefold big bang.

  14. Recommendations on the use of biosimilars by the Brazilian Society of Rheumatology, Brazilian Society of Dermatology, Brazilian Federation of Gastroenterology and Brazilian Study Group on Inflammatory Bowel Disease--Focus on clinical evaluation of monoclonal antibodies and fusion proteins used in the treatment of autoimmune diseases.

    Science.gov (United States)

    Azevedo, Valderílio Feijó; Meirelles, Eduardo de Souza; Kochen, Jussara de Almeida Lima; Medeiros, Ana Cristina; Miszputen, Sender J; Teixeira, Fábio Vieira; Damião, Adérson Osmar Mourão Cintra; Kotze, Paulo Gustavo; Romiti, Ricardo; Arnone, Marcelo; Magalhães, Renata Ferreira; Maia, Cláudia Pires Amaral; de Carvalho, André Vicente E

    2015-09-01

    The Brazilian Societies of Rheumatology (SBR) and Dermatology (SBD), the Brazilian Federation of Gastroenterology (FBG) and the Brazilian Study Group on Inflammatory Bowel Disease (GEDIIB) gathered a group of their respective specialists on the topic of interest to discuss the most relevant issues regarding the clinical use of biosimilar medicines in Brazil. The main aim of that meeting was to prepare a document with recommendations to guide medical specialists and to help the national regulatory and policy-making agencies as concerns the authorization for marketing biosimilars used in autoimmune diseases, such as rheumatoid arthritis, ankylosing spondylitis, psoriatic arthritis, Crohn's disease, juvenile idiopathic arthritis and ulcerative colitis. In addition to considerations on the typical differences between innovator medicines and biosimilars, the specialists established a set of seven recommendations on regulatory advances related to clinical studies, indication extrapolation, nomenclature, interchangeability, automatic substitution and pharmacovigilance. Copyright © 2015 Elsevier B.V. All rights reserved.

  15. An Analysis of the Problems of Developing Environmental Education in Brazilian Federal Protected Areas.

    Science.gov (United States)

    De Carvalho, Cristina A. R.; Filho, Walter Leal; Hale, William H. G.

    1998-01-01

    Describes the problems encountered in developing environmental education in federally protected areas in Brazil. Suggests that the development of environmental education in those protected areas has several limitations including financial resources, lack of training, material resources, and lack of policy on environmental education. (Author/CCM)

  16. The transfer of the nuclear supervision into the federal self-administration in the view of the constitutional law

    International Nuclear Information System (INIS)

    Burgi, M.

    2005-01-01

    The paper is focussed on the question of a possible transfer of the nuclear supervision from the federal executive administration into a federal self-administration. The discussed topics include the characterization of the nuclear supervision tasks, the relation between administrative tasks and the type of administration, an assessment of the precondition of centrality with respect to the nuclear supervision and a possible accomplishment of the so called centrality

  17. Herbs of interest to the Brazilian Federal Government: female reproductive and developmental toxicity studies

    Directory of Open Access Journals (Sweden)

    Luiz Fernando Verissimo

    2011-12-01

    Full Text Available In 2009 the Brazilian Ministry of Health published a document named RENISUS that lists 71 herbs traditionally used in Brazil that could result in phytomedicines to be dispensed by the governmental health care program. This manuscript reviews female reproductive and/or developmental toxicity information of these herbs. More than half (35 of the herbs lack information regarding female reproductive and/or developmental effects. From the fourteen herbs used traditionally to disturb female reproduction, five present experimental data corroborating their actions as abortifacients (Maytenus ilicifolia, Momordica charantia, Plectranthus barbatus, Ruta graveolens or labour facilitator (Bidens pilosa. For 23 of the herbs evaluated experimentally for any type of female reproductive endpoint, only a single study was retrieved and at least twelve of these studies were conducted with a single dose. This scenario suggests that the scientific power of the published information is very low and that a scientifically-based risk/benefit analysis about the use of these herbs during pregnancy is not possible. Considering the appeal that phytomedicines have for pregnant women, usually aware and afraid of the risks that synthetic drugs may have in their pregnancy and progeny, well designed studies evaluating reproductive and/or developmental toxicity of these herbs urge.

  18. Herbs of interest to the Brazilian Federal Government: female reproductive and developmental toxicity studies

    Directory of Open Access Journals (Sweden)

    Luiz Fernando Verissimo

    2011-08-01

    Full Text Available In 2009 the Brazilian Ministry of Health published a document named RENISUS that lists 71 herbs traditionally used in Brazil that could result in phytomedicines to be dispensed by the governmental health care program. This manuscript reviews female reproductive and/or developmental toxicity information of these herbs. More than half (35 of the herbs lack information regarding female reproductive and/or developmental effects. From the fourteen herbs used traditionally to disturb female reproduction, five present experimental data corroborating their actions as abortifacients (Maytenus ilicifolia, Momordica charantia, Plectranthus barbatus, Ruta graveolens or labour facilitator (Bidens pilosa. For 23 of the herbs evaluated experimentally for any type of female reproductive endpoint, only a single study was retrieved and at least twelve of these studies were conducted with a single dose. This scenario suggests that the scientific power of the published information is very low and that a scientifically-based risk/benefit analysis about the use of these herbs during pregnancy is not possible. Considering the appeal that phytomedicines have for pregnant women, usually aware and afraid of the risks that synthetic drugs may have in their pregnancy and progeny, well designed studies evaluating reproductive and/or developmental toxicity of these herbs urge.

  19. Planejamento das atividades de auditoria interna nas universidades federais brasileiras: apresentação do embasamento normativo = Planning of the internal audit activities in Brazilian federal universities: presentation of the normative bases

    Directory of Open Access Journals (Sweden)

    Orion Augusto Platt Neto

    2008-07-01

    elaboration and follow-up of the annual plan execution ofthe internal audit activities, which must be followed by the federal universities. This isan applied research, with a qualitative and exploratory approach. The scope of theresearch is restricted to the superior education institutions that compose the decentralizedorganizations in the Brazilian federal level. It was proceeded a documental analysis ofthe Brazilian legislation on control and internal audit applied to governmentorganizations. The research that based the paper is justified, among other reasons, asa contribution to the technical literature of the area, that suffers from scarcity ofreferences related to the internal audit for universities. As results, the more recentnormative bases had been presented. These rules regulate the planning of the internalaudit units in the federal universities, as well as the elaboration of the Annual Plan ofActivities of Internal Audit (PAINT. The normative bases of internal audit activities inthe federal universities derive from the Federal Constitution of 1988, which in its articles70 and 74 deals with the internal control system. Based on this, the Presidential Decreenº 3,591/00 defined attributions to the “Controladoria-Geral da União (CGU” and to the“Secretaria Federal de Controle Interno (SFC” for the edition of normative instructionsabout control and internal audit.

  20. GC-MS quantitative analysis of black market pharmaceutical products containing anabolic androgenic steroids seized by the Brazilian Federal Police.

    Science.gov (United States)

    Neves, Diana Brito da Justa; Caldas, Eloisa Dutra

    2017-06-01

    The use of counterfeit or substandard medicines can have an important health impact, resulting in therapeutic failure, be toxic or even cause death. Anabolic steroids are a frequent target for counterfeiters worldwide, being the second most frequent counterfeited class in Brazil. The aims of this work were to optimize and validate a GC-MS method for the quantitative determination of anabolic steroids in tablet, aqueous suspension and oil solution forms, and to analyze pharmaceutical products sent to Brazilian Federal Police (BFP) for forensic analysis. Sample preparation included extraction with methanol in ultrasonic bath followed by centrifugation. The method was successfully validated and 345 samples of pharmaceutical products were analyzed (328 medicines and 17 dietary supplements). About 42% of the medicines were counterfeits, 28.7% of tablets, 12.0% of suspensions and 65.2% of oil solutions; 11% were considered substandards. Five dietary supplements contained undeclared anabolic steroids, including two containing methandrostenolone at 5.4 and 5.8mg/capsule, equivalent to levels found in medicines. The proposed method is suitable for implementation in routine analysis for identification of counterfeits and substandard products. The analytical results show the need to raise awareness of consumers over the risks from the consumption of anabolic steroids from the clandestine market and for more incisive actions from government agencies aiming at decreasing the availability of these products. Copyright © 2017 Elsevier B.V. All rights reserved.

  1. Trends in the prevalence of self-reported diabetes in Brazilian capital cities and the Federal District, 2006-2014.

    Science.gov (United States)

    Iser, Betine Pinto Moehlecke; Vigo, Álvaro; Duncan, Bruce Bartholow; Schmidt, Maria Inês

    2016-01-01

    Diabetes is increasing globally, particularly in low and middle income countries, posing a great challenge to health systems. Brazil is currently ranked 4th in the world in terms of the absolute number of persons with diabetes. Our aim was to analyze the trend in self-reported diabetes prevalence between 2006 and 2014 in Brazilian adults. We used data from the national telephone survey-VIGITEL. Over 40,000 individuals from probabilistic sample of subjects ≥18 years old residing in 26 state capitals and the Federal District were interviewed per year in each location. Estimates were weighted to represent the surveyed population. We analyzed trends with a linear regression model. We adjusted prevalence with a probability predictive margins model, using as reference categories: men, 18-24 years, ≥12 years of schooling and lean/normal weight. From 2006 to 2014, the overall prevalence increased from 5.5 to 8.0 %, a net rise of 0.26 %/year (P = 0.001). After adjustment for sex, age, schooling and BMI categories, the trend decreased only slightly to 0.25 %/year. Relatively greater adjusted increases were present in men (0.28 %/year), in those ≥65 years (0.52 %/year), with ≤8 years of schooling (0.33 %/year) and in those overweight (0.24 %/year). The most consistent upward trends were observed among men (coefficient of determination, R 2 = 0.93), those with educational attainment of 0-8 years (R 2 = 0.81), those > 65 years (R 2 = 0.79) and those who were overweight (R 2  = 0.75). There was no significant trend in diabetes prevalence for the obese. As expected, the prevalence of self-reported diabetes was always higher among those with greater age, less schooling, in women, and in those with obesity. Being obese was associated with having more than twice the prevalence of diabetes of those normal/underweight. Prevalence of self-reported diabetes in Brazilian adults has risen between 2006 and 2014, especially among those 65 years or older, even after

  2. Symposium 19: Federal University of Rio Grande do Sul: its Role in the Biochemistry Teaching in the Southernmost Brazilian States

    Directory of Open Access Journals (Sweden)

    Clóvis M.D. Wannmacher

    2014-08-01

    Full Text Available K-Education(Portuguese Chair: V. Trindade Bayardo Torres; Clovis Wannmacher; Denise Macedo  Federal University of Rio Grande do Sul: its Role in the Biochemistry Teaching in the Southernmost Brazilian States. Wannmacher, C.M.D. Departamento de Bioquímica, Instituto de Ciências Básicas da Saúde, Universidade Federal do Rio Grande do Sul, Porto Alegre, RS, Brazil.   At present, most Biochemistry teaching in Rio Grande do Sul and Santa Catarina has its origin in the Department of Biochemistry of the Federal University of Rio Grande do Sul. In the 70’s, all the teachers of the Department wrote a book together: “Fundamental Biochemistry”. This book was always used in the classes by groups of students of different careers supervised by the respective teacher. At the same time, this methodology was not used by pharmaceutical teachers, but they recommended the Department’s book to their students. Along the next years, Biochemistry teaching was adapted according to the professional course and to the teacher’s personal characteristics. Today, there are two extremes strategies again: one traditional for the most basic biochemistry student’s formation (including theoretical, laboratorial, seminars and informatics classes and the other, experimental-clinical, for physician’s formation (including seminars of molecular approach to the most prevalent diseases, mainly, those leading to failure of organs/systems and the interaction with patients from HCPA by the interpretation of their biochemical data. On the other hand, the Post Graduation Program, at first, emphasized biochemistry teaching in a traditional form, but gradually changed the emphasis to investigation, and most classes changed to scientific paper reports. To stimulate the teaching formation, two activities were offered to post-graduation students: Biochemistry Teaching Methodology and Teaching Practice in Biochemistry. These activities promote opportunity for the students to

  3. Internal Communication in the Public Management: The Case of a Brazilian Federal Public Authority

    Directory of Open Access Journals (Sweden)

    Priscila Reinaldo Marson

    2013-03-01

    Full Text Available The intention of this article is to present a case study on the adoption and use of new channels of internal communication in a federal public autarchy. The study was conducted at the National Institute of Social Security, in São Paulo, between July 2008 and July 2009, and aimed to monitor the period in which a new internal communication plan was developed and implemented in its initial phase. The research methodology used was the case study, consisting of documentary analysis, field research and in-depth interviews conducted with the institution’s public employees. As a result, it was possible to observe the internal resistance and the difficulties encountered in the management of the new plan. Among its conclusions, the study highlights the need for a previous study on the conditions of relationships and practices developed in a public service unit at the adoption of new communication tools. It also highlights the importance of planning and management actions in the implementation of the intended communication actions, including internal marketing efforts to sensitize users about the meaning and importance of internal communication in promoting greater agility and efficiency in the workplace, in order to offer best public services to users.

  4. Introduction to the integrated environmental management: a case study at the federal office of brazilian research

    International Nuclear Information System (INIS)

    Silva, Maria Cecilia Cavalcante da

    2013-01-01

    The globalization process establishment has been a major impulse for profound transformations as to environmental issues in the social, political and economic scenario of both industrialized and developing countries. Within this scope, the concern with climate changes, global warming, biodiversity, population growth and public health have promoted the dissemination of environmental values and the induction to a community participative culture. Notwithstanding, a growing demand by the society related to the environment and social issues has been evidenced, converging the environmental theme to a holistic approach and, also, to the life quality concern. Therefore, private and public organizations have given more attention to issues involving their internal and external clients and/or users, in view of their products or services and social aspects, including those covering their workers and collaborators health and safety: with this overall purpose, an Integrated Management System (IMS) for Quality, Environment, Health and Safety was created. This management policy has been, commonly, employed in the private sector, even though a small, but yet expressive part of it refers to the public area. In face of this scenario, it may be foreseen that the motivations for adopting such management tool and the methods used for this goal may differ, according to the economic context. Under this point of view, this work had the target of analyzing, qualitatively, the process of setting the IMS in a federal. Eventually, a targeted result was to identify advantages and disadvantages for a public institution. (author)

  5. Introduction to the integrated environmental management: a case study at the federal office of brazilian research

    Energy Technology Data Exchange (ETDEWEB)

    Silva, Maria Cecilia Cavalcante da, E-mail: msilva@ipen.br [Instituto de Pesquisas Energeticas e Nucleares (IPEN/CNEN-SP), Sao Paulo, RJ (Brazil)

    2013-07-01

    The globalization process establishment has been a major impulse for profound transformations as to environmental issues in the social, political and economic scenario of both industrialized and developing countries. Within this scope, the concern with climate changes, global warming, biodiversity, population growth and public health have promoted the dissemination of environmental values and the induction to a community participative culture. Notwithstanding, a growing demand by the society related to the environment and social issues has been evidenced, converging the environmental theme to a holistic approach and, also, to the life quality concern. Therefore, private and public organizations have given more attention to issues involving their internal and external clients and/or users, in view of their products or services and social aspects, including those covering their workers and collaborators health and safety: with this overall purpose, an Integrated Management System (IMS) for Quality, Environment, Health and Safety was created. This management policy has been, commonly, employed in the private sector, even though a small, but yet expressive part of it refers to the public area. In face of this scenario, it may be foreseen that the motivations for adopting such management tool and the methods used for this goal may differ, according to the economic context. Under this point of view, this work had the target of analyzing, qualitatively, the process of setting the IMS in a federal. Eventually, a targeted result was to identify advantages and disadvantages for a public institution. (author)

  6. Constitutionality of section 7 of the Atomic Energy Act: Section 20 GG 'Kalkar decision'. [German Federal Republic

    Energy Technology Data Exchange (ETDEWEB)

    1978-06-01

    OVG Muenster, decision dated Aug. 18th, 1977 - VII A 338/74: 'Section 7 of the Atomic Energy Act disagrees with the constitution in as far as it also allows the licensing of FBR type reactores'. The grounds upon which the judgment is based are given in detail: According to the opinion of the Senate, section 7 of the Atomic Energy Act does not conform to the principle of separation of powers (section 20, sub-section 2, sentence 2 GG), to the principle of parliamentary democracy (section 20, sub-section 1 and 2 GG) and to the principles of the law and order state (section 20, sub-section 3 GG) in as far as the present version enables the licensing of fast breeders.

  7. Como levar o Supremo Tribunal Federal a sério: sobre a suspensão de tutela antecipada n. 91 How to take the Supremo Tribunal Federal (Brazilian Federal Supreme Court seriously: on the suspension of advance claim rights' concession n. 91

    Directory of Open Access Journals (Sweden)

    Vera Karam de Chueiri

    2009-06-01

    Full Text Available O presente artigo analisa a suspensão da tutela antecipada n. 91 pelo Supremo Tribunal Federal, sob a perspectiva da teoria de Ronald Dworkin, relativamente à compreensão da necessária adoção de uma postura crítico-construtiva (política pelo Poder Judiciário, especialmente pela jurisdição constitucional. Neste sentido, toda decisão proferida pela Corte em favor de um direito fundamental deve prevalecer, desde que fundamentada em argumentos de princípio e que seja coerente com o sistema constitucional. Daí a idéia de que existem respostas certas no direito e que estas são melhores do que as que oferece tanto o convencionalismo jurídico, quanto o pragmatismo jurídico. A questão que se coloca é acerca da legitimidade da Corte, leia-se do Supremo Tribunal Federal, para ter a última palavra sobre as decisões (políticas do executivo e do legislativo, especialmente em relação às políticas públicas de governo por eles promovidas.This article aims at analyzing the suspension by Brazilian Federal Supreme Court of the suspension of advance claim rights' concession n. 91 under the perspective of Ronald Dworkin's theory, concerning the understanding that it is necessary for judiciary power to have a critical and construtive (political attitude in order to decide, especially for constitutional courts. In this sense, every decision rendered by the court in favor of a fundamental right must prevail, once it is founded on arguments of principle and it is coherent with the constitutional system. There, it follows the idea that there are right answers in law and that these are better than those offered by legal conventionalism or legal pragmatism. Then, ir also follows the question about the legitimacy of the court, that is, does the Supremo Tribunal Federal should have the last word on decisions of the executive and legislative powers, especially concerning their public policies?

  8. THE GUARDIAN OF THE CONSTITUTION IN BRAZIL: THE BASIS AND THE MEANING OF SUPREME FEDERAL COURT POWER

    OpenAIRE

    PAULO LOUREIRO PHILBOIS

    2012-01-01

    O presente estudo tem por objeto analisar o guardião da Constituição no Brasil, partindo da análise das bases teóricas, da história do controle de constitucionalidade brasileiro e mesmo das críticas ao modelo consagrado na Constituição de 1988. Desse modo, o trabalho pretende investigar como o Supremo Tribunal Federal tornou-se o guardião da Constituição brasileira, bem como, através de análise jurisprudencial, o que a referida Corte extrai de tão relevante competência. T...

  9. Analysis of cocaine and its adulterants in drugs for international trafficking seized by the Brazilian Federal Police.

    Science.gov (United States)

    Lapachinske, Silvio Fernandes; Okai, Guilherme Gonçalves; dos Santos, Ariana; de Bairros, André Valle; Yonamine, Mauricio

    2015-02-01

    Here, gas chromatography with nitrogen phosphorous detector (GC-NPD) method was developed and validated for the quantification of cocaine and adulterants (caffeine, 4-dimethylaminoantipyrine, levamisole, lidocaine and phenacetin) in illicit samples. The method was based on direct dilution of samples in methanol, sonication for 5 min and centrifugation. After appropriate dilution, an aliquot was injected into GC-MS in order to identify the active compounds and into GC-NPD for the analytes quantification. Bupivacaine was used as an internal standard. The method showed to be precise, accurate and linear over a range of 0.5-100% (weight/weight percentages) for all analytes, except phenacetin which showed a linear range between 2% and 100%. The method was successfully applied to 54 samples seized by the Brazilian Federal Police in the International Airport of Sao Paulo and mailing services during the year 2011. All the samples were associated with international trafficking and were apprehended while leaving the country. The purity of cocaine ranged from 16.5% to 91.4%. Cocaine was the only detected active compound in 29.6% of total samples. Among the identified cutting agents, levamisole was the most abundant (55.6% of the total samples) and relative concentrations (weight/weight percentages) ranged from 0.7% to 23%. Lidocaine, caffeine, phenacetin and 4-dimethylaminoantipyrine were also identified in these samples in minor concentrations. In contrast with what we initially hypothesized, drugs intended to international trafficking did not present high cocaine purity and most of the samples were laced with adulterants before leaving Brazil. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

  10. Perfil da condição bucal de idosas do Distrito Federal Oral health status of elderly women from the Brazilian Federal District

    Directory of Open Access Journals (Sweden)

    Ana Maria Costa

    2010-07-01

    Full Text Available Os trabalhos realizados no Brasil a respeito das principais afecções bucais dos gerontes mostram situação preocupante. O objetivo deste estudo foi estimar a frequência de edentulismo, analisar o uso e a necessidade de prótese, calcular o índice CPOD e verificar a condição periodontal de idosas residentes no Distrito Federal. Cento e quarenta mulheres com idade igual ou superior a sessenta anos foram examinadas. A condição de cada prótese foi avaliada observando presença de prejuí­zo estético ou funcional. Em seguida, foi realizado exame clínico para detectar a presença de cárie, restaurações e dentes perdidos para cálculo do índice CPOD. O exame periodontal incluiu a verificação do índice de placa visível, índice de sangramento gengival, medidas de profundidade de sondagem clínica, perda de inserção clínica e mobilidade dental de todos os dentes presentes. Os resultados revelaram péssimas condições bucais dos pacientes examinados. A taxa de edentulismo mostrou-se elevada, o índice CPOD foi alto (29,8, com predomínio do componente extraído (87,1% e a condição periodontal foi considerada grave. A partir destes dados, pode-se concluir que o perfil da condição bucal das idosas representadas neste estudo é precário, o que reflete a necessidade de se elaborar programas de promoção de saúde e de reabilitação para este segmento da população.Data from Brazilian researches that evaluated oral health of elderly people show a worrisome situation. The purpose of this study was to estimate the frequency of edentulism, analyze both the use and need profiles of prosthesis, calculate the DMFT index and check the condition of periodontal elderly residents in the Federal District. One hundred and forty women aged 60 years or above were examined. The condition of each prosthesis was evaluated to detect the presence of functional or aesthetic damage. Then, clinical examination was carried out to detect the number of

  11. [Efficiency of Brazilian States and the Federal District in the public kidney transplant system based on DEA (Data Envelopment Analysis) and the Malmquist index].

    Science.gov (United States)

    Costa, Cassia Kely Favoretto; Balbinotto Neto, Giácomo; Sampaio, Luciano Menezes Bezerra

    2014-08-01

    The objective of this study was to evaluate the efficiency of Brazilian States and the Federal District in the public kidney transplant system and their productivity trends from 2006 to 2011. The authors used Data Envelopment Analysis (DEA) with slack and the Malmquist index with slack. Inputs included spending on hospital services and health professionals in the system. The output was the number of kidney transplants performed in each State. The data showed a significant discrepancy between States in the number of kidney transplants. The transplant system's inefficiency may result from inadequate management, failure to comply with national guidelines, inactive hospital transplant committees, and overburdened hospital staff. Institutional changes promoted by the Brazilian Ministry of Health (procedures improvement and standardization) failed to increase productivity in most States during this period.

  12. THE END OF TRANSGENIC FOOD LABELING AND THE RIGHT TO INFORMATION CONSERVED BY THE CONSUMER DEFENSE CODE IN THE LIGHT OF THE FEDERAL CONSTITUTION OF 1988

    Directory of Open Access Journals (Sweden)

    Ingrid Lima Barbosa

    2018-03-01

    Full Text Available Bill No. 4.148/08 intends to eliminate the requirement for the “T” symbol in the packaging of products containing more than one percent of GMOs in its composition, due to the alleged negative charge that it presents, going against what is advocated by the Biosafety Law, the Consumer Defense Code, as well as the Federal Constitution. Thus, the objective is to analyze the consequences to consumers, in case the bill is eventually sanctioned, as well as if there is an affront to the fundamental precepts listed in the Magna Carta and other legal diplomas, through the inductive method of research supported by the bibliographic collection available. It was concluded that, in addition to confronting the provisions of the Consumer Defense Code, there is also a violation of the Cartagena Protocol on Biosafety, as well as the material unconstitutionality of Bill No. 4.148/08, resulting from the affront to articles 5, XIV and XXXII, and 170, V of the Constitution.

  13. An extraordinary decision. The Muelheim-Kaerlich order of the Federal Constitutional Court. Protection of civil rights by way of procedural law

    International Nuclear Information System (INIS)

    Mutius, A. von.

    1984-01-01

    The uthor explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights. (orig./HSCH) [de

  14. Democracia constitucional cosmopolita, federalismo y esfera pública en el iuspositivismo constitucionalista de Luigi Ferrajoli || Cosmopolitan Constitutional Democracy, Federalism and Public Sphere in the Constitutional Iuspositivisim of Luigi Ferrajoli

    Directory of Open Access Journals (Sweden)

    Joan Alfred Martínez i Seguí

    2012-12-01

    Full Text Available Resumen: El escrito se acerca al bien trabado iuspositivismo constitucionalista de Luigi Ferrajoli haciendo hincapié en la propuesta normativa que, a modo de colofón de su teoría sobre el derecho y la democracia, pretende extender su modelo de democracia garantista del marco del Estado al de la actual sociedad internacional globalizada mediante un federalismo en red regido por el principio de subsidiariedad, el cual debería priorizar las instituciones de garantía de los derechos a nivel supranacional y las instituciones de gobierno a nivel local y estatal. Asimismo, en aras de un perfeccionamiento de este modelo de democracia constitucional cosmopolita, se critica el caduco formalismo jurídico que le sirve de método y sus consecuencias derivadas: relativismo ético y negación de la universalidad moral de los derechos humanos, restricción de la esfera pública al ámbito jurídico-institucional, falta de profundización en el federalismo como teoría política… Por último, se destaca la alternativa de una razón práctica amplia y unitaria como instrumento de superación de los déficits señalados.Abstract: This paper deals with the constitutionalist iuspositivism of Luigi Ferrajoli. It emphasizes the rule proposed which, as the culmination of his theory about law and democracy, pretends to spread his canon of democracy from the frame of government to the present international society globalized through a federalism which is determined by the principle of subsidiarity. This organizing principle should give priority to the institutions guaranteeing the rights at supranational level and to the government institutions at local and state level. Likewise, on the way to the improvement of this constitutional and cosmopolite democracy canon, the legal formalism is criticized because of its caducity but, at the same time, it is used by this canon as a method that derives consequences: ethical relativism and negation of the moral universality

  15. Democracia constitucional cosmopolita, federalismo y esfera pública en el iuspositivismo constitucionalista de Luigi Ferrajoli || Cosmopolitan Constitutional Democracy, Federalism and Public Sphere in the Constitutional Iuspositivisim of Luigi Ferrajoli

    Directory of Open Access Journals (Sweden)

    Joan Alfred Martínez i Seguí

    2012-12-01

    Full Text Available Resumen: El escrito se acerca al bien trabado iuspositivismo constitucionalista de Luigi Ferrajoli haciendo hincapié en la propuesta normativa que, a modo de colofón de su teoría sobre el derecho y la democracia, pretende extender su modelo de democracia garantista del marco del Estado al de la actual sociedad internacional globalizada mediante un federalismo en red regido por el principio de subsidiariedad, el cual debería priorizar las instituciones de garantía de los derechos a nivel supranacional y las instituciones de gobierno a nivel local y estatal. Asimismo, en aras de un perfeccionamiento de este modelo de democracia constitucional cosmopolita, se critica el caduco formalismo jurídico que le sirve de método y sus consecuencias derivadas: relativismo ético y negación de la universalidad moral de los derechos humanos, restricción de la esfera pública al ámbito jurídico-institucional, falta de profundización en el federalismo como teoría política… Por último, se destaca la alternativa de una razón práctica amplia y unitaria como instrumento de superación de los déficits señalados. Abstract: This paper deals with the constitutionalist iuspositivism of Luigi Ferrajoli. It emphasizes the rule proposed which, as the culmination of his theory about law and democracy, pretends to spread his canon of democracy from the frame of government to the present international society globalized through a federalism which is determined by the principle of subsidiarity. This organizing principle should give priority to the institutions guaranteeing the rights at supranational level and to the government institutions at local and state level. Likewise, on the way to the improvement of this constitutional and cosmopolite democracy canon, the legal formalism is criticized because of its caducity but, at the same time, it is used by this canon as a method that derives consequences: ethical relativism and negation of the moral

  16. O controle de pragas urbanas na qualidade do alimento sob a visão da legislação federal Urban plague control in food quality according to brazilian federal legislation

    Directory of Open Access Journals (Sweden)

    Ricardo Soares Matias

    2007-08-01

    Full Text Available A qualidade do alimento oferecido à população sempre foi uma preocupação do governo federal, observada com a publicação, em 27 de fevereiro de 1967, do Decreto Lei 209 que institui o Código Brasileiro de Alimentos. A Portaria 1.428 de 26 de novembro de 1993/ANVISA inova na relação dos fatores contribuintes para a contaminação alimentar, apresentando, nas diretrizes para o estabelecimento de boas práticas de produção e de prestação de serviços na área de alimentos, a desinfestação que compreende o plano de sanitização utilizado pelo estabelecimento. A partir deste momento cria-se uma nova visão dos fatores determinantes de contaminação alimentar, o controle de ratos e insetos. Este procedimento passa a integrar todos os documentos legais que foram sendo gerados pelo Ministério da Saúde e da Agricultura no que se refere ao controle de alimentos. Até a publicação da RDC 275/2002-ANVISA, o controle de pragas urbanas poderia ser feito por equipes treinadas dos estabelecimentos que realizassem: produção/industrialização, fracionamento, armazenamento e transportes de alimentos industrializados, manipulação, preparação, fracionamento, armazenamento, distribuição, transporte, exposição à venda e entrega de alimentos preparados ao consumo, tais como cantinas, bufês, confeitarias, cozinhas industriais, cozinhas institucionais, delicatéssens, lanchonetes, padarias, pastelarias, restaurantes, e congêneres. A partir de sua publicação, o controle químico passa a ser realizado apenas pelas desinsetizadoras que estejam em conformidade com a RDC 18/2000-ANVISA. Entretanto isto não tira a responsabilidade legal da empresa de alimentos que deverá ter em seu POP (Procedimento Operacional Padronizado a inclusão do controle de pragas, seja físico e/ou químico.The quality of food offered to the population has always been a concern for the Federal Government observed by a publication on 27 February, 1967 from the

  17. The Relationship Between Domestic Law and International Law : The Impacts on the Legal Daily Brazilian under the Perspective of Constitutionality Block Expansion

    Directory of Open Access Journals (Sweden)

    Luciane Klein Vieira

    2016-06-01

    Full Text Available The relationship between domestic law and international law, carried out by court decisions, is a recurring theme of both international human rights law and constitutional law. This article aims to portray the interactions between domestic law and international law, with emphasis on Brazil, taking into account the internal rules and judicial practice. Therefore, we will use the dogmatic method, which involves analyzing the rules on the subject in the international and domestic front, with empirical perspective, with a view to analysis of cases in which the issue was raised, in particular the possible existence constitu- tionality block and its growth because human rights treaties ratified by Brazil.

  18. Federalism, Bicameralism, and Institutional Change: General Trends and One Case-study

    Directory of Open Access Journals (Sweden)

    Marta Arretche

    2010-12-01

    Full Text Available The article distinguishes federal states from bicameralism and mechanisms of territorial representation in order to examine the association of each with institutional change in 32 countries by using constitutional amendments as a proxy. It reveals that bicameralism tends to be a better predictor of constitutional stability than federalism. All of the bicameral cases that are associated with high rates of constitutional amendment are also federal states, including Brazil, India, Austria, and Malaysia. In order to explore the mechanisms explaining this unexpected outcome, the article also examines the voting behavior of Brazilian senators constitutional amendments proposals (CAPs. It shows that the Brazilian Senate is a partisan Chamber. The article concludes that regional influence over institutional change can be substantially reduced, even under symmetrical bicameralism in which the Senate acts as a second veto arena, when party discipline prevails over the cohesion of regional representation.

  19. The Brazilian Nuclear Energy Program

    International Nuclear Information System (INIS)

    Carvalho, H.G. de

    1980-01-01

    A survey is initially of the international-and national situation regarding energetic resources. The Brazilian Nuclear Energy Policy and the Brazilian Nuclear Program are dealt with, as well as the Nuclear Cooperation agreement signed with the Federal Republic of Germany. The situation of Brazil regarding Uranium and the main activities of the Brazilian Nuclear Energy Commission are also discussed [pt

  20. Federalism Lives.

    Science.gov (United States)

    Howard, A. E. Dick

    1987-01-01

    Examines the concept of federalism in terms of its past history and its encouraging future. Calls for a revival of concern for federalism not simply as a convenient administrative arrangement but as a fundamental constitutional value. (BSR)

  1. UNDERSTANDING INFORMAL CONSTITUTIONAL CHANGE

    Directory of Open Access Journals (Sweden)

    Stephen M. Griffin

    2016-01-01

    Full Text Available Amid much recent American work on the problem of informal constitutional change, this article stakes out a distinctive position. I argue that theories of constitutional change in the US must address the question of the relationship between the “small c” and “big C” Constitution and treat seriously the possibility of conflict between them. I stress the unavoidable role the text of the Constitution and structural doctrines of federalism and separation of powers play in this relationship and thus in constitutional change, both formal and informal. I therefore counsel against theories that rely solely on a practice-based approach or analogies between “small c” constitutional developments and British or Commonwealth traditions of the “unwritten” constitution and constitutional “conventions.” The alternative I advocate is to approach constitutional change from a historicist perspective that focuses attention on state building and the creation of new institutional capacities. This approach will allow us to make progress by highlighting that there can be multiple constitutional orders in a given historical era, thus accounting for the conflictual nature of contemporary constitutional development in the US.

  2. Federal Textbook on Citizenship. Our Constitution and Government: Lessons on the Constitution and Government of the United States for Use in the Public Schools by Candidates for Citizenship. Revised Edition.

    Science.gov (United States)

    Seckler-Hudson, Catheryn

    Designed especially for the use of the foreign-born who are preparing themselves for their naturalization examinations as applicants for United States citizenship, this textbook contains thirty lessons which tell about the government in the United States and about the kind of Constitution upon which it is founded. The text of each of the thirty…

  3. The hearing at the Federal Constitutional Court on the nuclear phase-out. No space left for legal ''tricks''

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2016-01-01

    Can lawyers do magic? At least some lawyers believe (even) to do. But does this work? Observers of the hearing of the German Constitutional Court trying the nuclear phase and the revision of the German Atomic Act on 15/16 March 2016 may believe it. The German Constitutional Court is trying the constitutional complaint proceedings of E.ON, RWE and Vattenfall on the legality of nuclear phase-out in Germany, essentially to the question of the compatibility of this law with the fundamental rights of the operating companies, in particular their right to property, to freedom of occupation, to equal treatment and protection of legitimate expectations.

  4. constitutional adjudication in ethiopia

    African Journals Online (AJOL)

    eliasn

    2000-01-25

    Jan 25, 2000 ... Thus the seeds of what some authors call. “federal .... Pre-WWII Europe trusted its legislature and led to .... European and Civil Law Forum v. 11 ...... on the sovereignty of nationalities and the fact that language constitutes one.

  5. Fundamental Rules of Civil Procedure : The Tuning of the Federal Constitution and the New Code of Civil Procedure in The Guarantee and Protection of Fundamental Rights

    Directory of Open Access Journals (Sweden)

    Fernanda Sell de Souto Goulart Fernandes

    2016-10-01

    Full Text Available On  March  16th,  2015  was  enacted  Law  13,105.  Known  for  having  the  intention  to democratize the process, the new Civil Procedure Code innovated in many ways, and one of those that highlights is the introduction on the legal text of the Procedure Constitutional Principles, already provide in the Constitution. The legislator's attitude positivate in the Ordinary   legislation   the   constitutional   principles   only   embodies   the   wave   of constitutionalization of rights. And the Civil Procedure could not be averse to this trend. Thus, this article aims to analyze the basic rules of civil procedure.

  6. Animal experimentation: a legal fight in Brazilian universities

    Directory of Open Access Journals (Sweden)

    Fernanda Luiza Fontoura de Medeiros

    2015-07-01

    Full Text Available Vivisection, or the use of animals in experiments, testing or education is part of a context in which many people still think represent an emergency conflict that requires the choice of human interests rather than the interests of animals. In Brazil, the 1988 Federal Constitution, in Article 225, paragraph 1, item VII, prohibits the practice of cruelty to animals. To regulate the said device, was passed in 2008 the Law 11.794 / 2008, known as Arouca Law, establishing procedures for the scientific use of animals and the Law 9.605 / 2008, which deals with environmental crimes. However, according to Brazilian Constitution, is it possible to sustain the use of animals in teaching and research, especially in universities? The aim of this paper is to analyze the Brazilian legislation regarding the use of animals in testing, teaching and research, and to discuss the observation of this legislation during the lawsuits filled in recent years by animal advocacy organizations against several Brazilian universities. The results point to a disagreement between the practices prevailing in the universities, the legislation and the Brazilian Constitution.

  7. Brazilian energy

    International Nuclear Information System (INIS)

    O'Shaughnessy, H.

    1997-04-01

    Brazilian Energy provides all the information necessary for energy companies to invest and operate in Brazil, including: a review of Brazil's natural resources; an assessment of privatisation strategies at the federal, state and regional level; an analysis of the electricity industry and the future for Electrobras; an analysis of the oil industry and, in particular, Petrobras; a discussion of the fuel alcohol industry; the discovery of local natural gas, its prospects and the involvement of the auto industry; an assessment of the problems facing the coal industry and its future; a discussion of the regulatory framework for the newly privatised companies; the importance of intra-regional energy links and the booming membership of Mercosur; the difficulties experienced by foreign investors doing business in Brazil; brief profiles of the key energy companies; profiles of key people influencing the privatisation process in Brazil. Brazilian energy is essential reading for those wishing to advise and assist Brazil in this period of change and development, as well as those who wish to invest or become key players in the Brazilian energy sector. (author)

  8. Agreement of 13 December 1991 between the Republic of Argentina, the Federative Republic of Brazil, the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials and the International Atomic Energy Agency for the Application of Safeguards

    International Nuclear Information System (INIS)

    1994-03-01

    The text of the Agreement (and the Protocol thereto) between the Republic of Argentina, the Federative Republic of Brazil, the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials and the International Atomic Energy Agency for the Application of Safeguards is reproduced in this document for the information of all Members. The Agreement was approved by the Agency's Board of Governors on 7 December 1991 and signed in Vienna on 13 December 1991

  9. The Supreme Federal Court of Brazil and the law of oil; O Supremo Tribunal Federal e a Lei do petroleo

    Energy Technology Data Exchange (ETDEWEB)

    Reis, Marcio Monteiro

    2008-07-01

    The following paper aims to analyze the local oil legal framework and the Brazilian Federal Supreme Court ('STF') footprint pursuant Constitutional Amendment n. 5. Such Amendment allowed local and international companies to act in the Brazilian oil market. This paper also analyses Law 9.478, which created the National Oil Agency ('ANP') with great innovations to the market. Therefore, a historic timeline comparing the enactment of such rules 'vis-a-vis' certain issues raised before STF through Direct Actions of Unconstitutionality will be presented (author)

  10. Constitutional Conservatism

    Science.gov (United States)

    Berkowitz, Peter

    2009-01-01

    After their dismal performance in election 2008, conservatives are taking stock. As they examine the causes that have driven them into the political wilderness and as they explore paths out, they should also take heart. After all, election 2008 shows that America's constitutional order is working as designed. Indeed, while sorting out their errors…

  11. Regulation of mature oil fields: a constitutional analysis; Regulacao de campos maduros de petroleo: uma analise a luz da Constituicao Federal de 1988

    Energy Technology Data Exchange (ETDEWEB)

    Siqueira, Mariana de; Xavier, Yanko Marcius de Alencar [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil)

    2008-07-01

    The oil activities in Brazil had been started in an intensive way by the years 30 and 40. During approximately 40 years only one agent had been executed the oil activities in this country: the PETROBRAS. Many of the fields explored in the past are nowadays in decline. These fields, not interesting for the majors, would be interesting for the small and medium enterprises. The present research analyses the mature oil fields and its regulation in Brazil, looking to the 'Constituicao Federal de 1988' and to the idea of social and economic development. (author)

  12. Unconstitutional constitutional amendments in Ethiopia: the practice ...

    African Journals Online (AJOL)

    Haramaya Law Review ... The Constitution of the Federal Democratic Republic of Ethiopia (FDRE) under Article 104 and 105 sets ... that sets procedures to be observed in the process of constitutional amendments: both initiation and approval.

  13. Hydrological studies in Brazilian Northeast

    International Nuclear Information System (INIS)

    1981-01-01

    Studies carried on as a result of collaboration between the Federal University of Ceara, Brazil (research team) and the Brazilian Northeastern Bank (financing agency), aiming at a better knowledge of the hydrological problems of Brazilian Northeastern region, are described. (I.C.R.) [pt

  14. Diretrizes e modelo conceitual de custos para o setor público a partir da experiência no governo federal do Brasil Guidelines and conceptual model of costs for the public sector based on the Brazilian federal government's experience

    Directory of Open Access Journals (Sweden)

    Nelson Machado

    2010-08-01

    Full Text Available Este artigo apresenta o Sistema de Informação de Custos do Governo Federal, descrevendo o modelo e suas principais características, desde o conceito até a finalidade e os grupos de usuários, explorando a correspondência entre os conceitos de contabilidade governamental e de custos. O artigo demonstra o relacionamento entre as políticas públicas, recursos, atividades e objetos de custo. Para tanto, remete aos conceitos de sistema de acumulação e método de custeio de custos no setor público, correlacionando-os aos sistemas de informação governamentais. O artigo também apresenta o modelo téorico-conceitual, as diretrizes que sustentaram a sua concepção e a descrição do seu processo de implantação que ainda está em curso. O artigo finalmente olha para o futuro, depois de vencida a etapa de implantação do sistema, e exorta os leitores a se inserirem no debate sobre mensuração de custos. A importância do SIC é enfatizada como elemento de melhoria da qualidade do gasto no setor públicoThis article presents the Cost Information System (CIS of the Brazilian federal government. It describes the taxonomic model and its main features, from its concepts to its purposes and user groups, and explores the correlation between the concepts of governmental accounting and cost accounting. It demonstrates the relationship between public policies, fund management, activities and cost objects. To this end, it uses the concepts of accumulation system, costing method and costs in the public sector, as well as government information systems. The article also presents the theoretic conceptual model and the guidelines of the design, and describes the implementation process, which is still ongoing. It finally looks into the future after the development stage of the CIS, and urges its readers to dive into the debate about measuring costs. The importance of CIS to improve the quality of spending in the public sector is highlighted

  15. Federalism and educational policies in brazil: a brief historical period

    Directory of Open Access Journals (Sweden)

    Luciane Terra dos Santos Garcia

    2018-01-01

    Full Text Available This work consists of a theoretical analysis that aims to discuss the relationship between federalism and Brazilian educational policies, making a historical course that begins with the Proclamation of the Republic and extends to the current Federal Constitution. It is carried out the literature and documental analysis, which addresses the genesis of federalism, based on the model implemented in the United States, as well as in Brazil, characterized by the alternation between periods of authoritarianism and democratic regime, which reflect greater or less centralization of the political power. It is understood that the process of political-administrative decentralization that originated the 1988 Constitution has made possible the development of a system of collaboration between the Union and other federated entities, responsible for ensuring social rights for citizens, including educational rights.

  16. Cultura organizacional no setor público: um estudo junto a um departamento administrativo de uma universidade federal brasileira Organizational Culture In The Public Administration: A Study In Administrative Department Of Brazilian Federal University

    Directory of Open Access Journals (Sweden)

    Evandro Dotto Dias

    2011-12-01

    Full Text Available The organizacional culture is a complex subject and that constantly it comes being studied for specialists and researchers of the whole world, for the fact of its relevance in the understanding of the functioning of the organizations. However, this type of study not yet total was spread out in the Brazilian public organizations, mainly in federal universities. Therefore, the present work has as objective generality to identify to the organizacional culture under the personal and institucional points of view in an managemental department of the Federal University of Saint Maria, through a comparison with four deuses Greek (Zeus, Apolo, Atena and Dionísio that they reflect the form as the politics and strategies in an organization are lead, according to Handy study (1994. By means of a survey carried through with the employees of the related department, the gotten results had allowed the conclusion of that it has the predominance of the organizacional culture of the Apolo type in the institucional optics and of the Atena type in the personal optics, where a made comparative degree enter the predominant characteristics in each one of these cultures showed a divergence enter the yearnings of the collaborators and the form as the organization acts day-by-day in its, as the points boarded for the research and presented in the analysis of the results.A cultura organizacional é um tema complexo e constantemente em estudo por especialistas e pesquisadores de todo o mundo, pela sua relevância na compreensão do funcionamento das organizações. No entanto, esse tipo de estudo ainda não foi totalmente difundido nas organizações públicas brasileiras, principalmente em universidades federais. Por isso, este trabalho tem como objetivo geral identificar a cultura organizacional sob os pontos de vista pessoal e institucional em um departamento administrativo da Universidade Federal de Santa Maria, através de uma relação com os quatro deuses gregos

  17. The unconstitutionality of the compensatory fee according to section 8 of the Third Act on Enhanced Use of Coal for Electricity Generation ('Coal Pfennig'). Federal Constitutional Court, judgment of 11 Oct. 1994 - 2BvR 633/86

    International Nuclear Information System (INIS)

    Haager, K.; Lauffer, P.

    1995-01-01

    In order to protect the financial system of the federation as well as the appropriations power of the Bundestag from interference, and in order to account for the requirement of individual protection of the tax payers with regard to equality of burdens, a special levy shall be permitted by constitutional law only under very stringent conditions, and in very exceptional cases. The compensatory fee according to section 8 of the Third Act on Enhanced Use of Coal for Electricity Generation ('Coal Pfennig') thus is unconstitutional, as it puts an additional burden on the body of tax payers who as such do not bear responsibility for the financing of the purpose, to subsidise the use of coal for electricity generation. (orig.) [de

  18. The judgment of the Federal Constitutional Court on the phasing out of nuclear power. Consequences for phasing out of coal use; Das Urteil des Bundesverfassungsgerichts zum Atomausstieg. Konsequenzen fuer den Kohleausstieg

    Energy Technology Data Exchange (ETDEWEB)

    Ziehm, Cornelia

    2017-02-15

    The first nuclear phase out of 2002 has not been a subject of judicial review. The nuclear regulations at that time were based on negotiations between the then federal government and the operators. In the context of these negotiations, the operators themselves were committed to waive a judicial review. The Federal Constitutional Court now had first the opportunity to clarify the legal requirements for phase-out from a certain form of energy generation by means of the constitutional complaints lodged by the operators against the second nuclear phase-out amendment adopted by the 13th Atomic Energy Act. The nuclear phase-out of 2011 with fixed, staggered turn-off data for the individual nuclear power plants is, as a matter of principle, in accordance with the Karlsruher decision. The judgment of 6 December 2016 also merit relevance, especially with regard to the coal exit. [German] Der erste Atomausstieg von 2002 ist nicht gerichtlich ueberprueft worden. Die seinerzeitigen atomgesetzlichen Regelungen beruhten auf Verhandlungen zwischen der damaligen Bundesregierung und den Betreibern. Im Rahmen dieser Verhandlungen hatten sich die Betreiber ihrerseits verpflichtet, auf eine gerichtliche Ueberpruefung zu verzichten. Durch die von den Betreibern gegen den mit der 13. Atomgesetz-Novelle 2011 beschlossenen zweiten Atomausstieg eingelegten Verfassungsbeschwerden hatte das Bundesverfassungsgericht nunmehr erstmals die Gelegenheit, die rechtlichen Voraussetzungen eines Ausstiegs aus einer bestimmten Form der Energieerzeugung zu klaeren. Der Atomausstieg von 2011 mit fixen, gestaffelten Abschaltdaten fuer die einzelnen Atomkraftwerke ist nach der Karlsruher Entscheidung grundsaetzlich verfassungsgemaess. Dem Urteil vom 6. Dezember 2016 kommt auch und gerade im Hinblick auf den Kohleausstieg Relevanz dazu.

  19. The judgement of the Federal Constitutional Court on the nuclear phase-out in Germany. Every light hat its shadow; Das Urteil des BVerfG zum Atomausstieg in Deutschland. Licht und Schatten

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2017-01-15

    The 13th amendment of the German Atomic Energy Act (AtG) was a direct result of the accident in Fukushima in March 2011. As a result, not only the provisional (three-month) shutdown of the eight nuclear power plants immediately shut down after the accident finally passed the parliament, but fixed shutdown times were also decided for the remaining nine NPP's. This was both an increase of the AtG amendment of 2002 and the extension of the NPP licenses decided a few months earlier. Nuclear energy should therefore continue to serve as a ''bridge technology'' within the framework of the Federal Government's energy concept for a longer period. On 6 December 2016 the Federal Constitutional Court (BVerfG) has decided that the act on the accelerated phasing-out of nuclear energy in Germany is partly unconstitutional. The judgment is clear on a whole series of legal issues. At the same time, it raises new questions with a view to the final clarification of the compensation.

  20. Political dimension of European constitutionalism

    Directory of Open Access Journals (Sweden)

    Kaplánová Patricia

    2015-04-01

    Full Text Available Author in the article tries to analyse different elements of document called European Constitution. Analysis is supported with theoretical framework of federalism, presented by Brezovšek. Authors is playing with idea of (confederal and international organization elements of European Constitution and their mix. They are also trying to set some connections between so called common European identity as necessary condition to give legitimacy to the European Constitution. This became important question after „votes of non-confidence“ to the European Constitution in France, despite it should be addressed already before. However, European Constitution is important document on the path of European integration and lack of support to it will slow down this process of widening and deepening European ties.

  1. The Institutional Strategy of Brazilian Supreme Court on the Legislative Process

    Directory of Open Access Journals (Sweden)

    Fernando Bentes Bentes

    2016-12-01

    Full Text Available The Brazilian Federal Constitution established a framework of laws that allow for the Supreme Court to act over the social life and branches of the government. Nevertheless, the analysis of the federal legislative process by the strategic institutional approach demonstrates that the panorama among state departments is not asymmetric. In fact, the separation of powers game can create groups of scenarios that generate decisions based on the preference of individual judges, or that restrict the autonomy of the Court when criticism or external retaliations threaten its authority.

  2. Constitutionalism and Development in Nigeria: The 1999 Constitution

    African Journals Online (AJOL)

    Fr. Ikenga

    the 3 arms of government the Executive, Legislative, Judiciary, Public Service and Marketing .... Rotation principle of a presidency position in Nigeria which will cultivate a sense of ... the issues survived inclusion in the 1999 Constitution of the Federal Republic of Nigeria. 13. S. 2 of Decree No. ..... Oxford, 5th Edition p.245.

  3. Psychiatric legal investigation for sickness benefits due to disability at the Brazilian Federal Social Security Special Court in Florianópolis, capital city of the State of Santa Catarina, southern Brazil.

    Science.gov (United States)

    Figueredo, Roberto; Damas, Fernando Balvedi

    2015-01-01

    To describe the profile of insured individuals that filed claims for sickness benefits and compare the results of the administrative and legal investigations. This case series included 114 insured persons that filed lawsuits against the Brazilian National Institute of Social Security (Instituto Nacional de Seguridade Social, INSS). They underwent psychiatric examinations required by the Brazilian Federal Social Security Special Court in Florianópolis from August to December 2010. Mean age was 47 years, and participant age ranged from 24 to 64 years. Most insured individuals were women (79%), and most were employed (67.5%) and self-employed (26.5%) workers. Mean contribution time was 99.9 months, ranging from 8 to 352 months. Mean benefit duration was 20.4 months, ranging from 2 to 97 months. The most prevalent category of workers was service workers, store and supermarket salespeople (54.4%), followed by administrative workers (19.3%). Only 17 participants were found to be unable to work after benefit cessation, a 14.9% mismatch between administrative and legal investigations. The most frequent diagnoses were mood disorders (59.6%) and anxiety disorders (17.5%).

  4. Psychiatric legal investigation for sickness benefits due to disability at the Brazilian Federal Social Security Special Court in Florianópolis, capital city of the State of Santa Catarina, southern Brazil

    Directory of Open Access Journals (Sweden)

    Roberto Figueredo

    2015-06-01

    Full Text Available Objective: To describe the profile of insured individuals that filed claims for sickness benefits and compare the results of the administrative and legal investigations.Method: This case series included 114 insured persons that filed lawsuits against the Brazilian National Institute of Social Security (Instituto Nacional de Seguridade Social, INSS. They underwent psychiatric examinations required by the Brazilian Federal Social Security Special Court in Florianópolis from August to December 2010.Results: Mean age was 47 years, and participant age ranged from 24 to 64 years. Most insured individuals were women (79%, and most were employed (67.5% and self-employed (26.5% workers. Mean contribution time was 99.9 months, ranging from 8 to 352 months. Mean benefit duration was 20.4 months, ranging from 2 to 97 months. The most prevalent category of workers was service workers, store and supermarket salespeople (54.4%, followed by administrative workers (19.3%.Conclusions: Only 17 participants were found to be unable to work after benefit cessation, a 14.9% mismatch between administrative and legal investigations. The most frequent diagnoses were mood disorders (59.6% and anxiety disorders (17.5%.

  5. Teaching about American Federal Democracy.

    Science.gov (United States)

    Schechter, Stephen L., Ed.

    Ten essays discuss federal democracy, the form of government of the United States. The first essay discusses the origins of American federalism. The second examines why we have a federal system, the functions federalism serves, and the consequences of federalism for the American political system. Federalism in the Constitution and constitutional…

  6. Transformation of economy directed to growth and social progress from the perspective of the 1988 Federal Constitution Transformação da economia direcionada ao crescimento e ao alcance do progresso social, sob a égide da Constituição Federal de 1988

    Directory of Open Access Journals (Sweden)

    Dinaura Godinho Pimentel Gomes

    2009-12-01

    Full Text Available The present article is about the necessity of positive action of the Democratic Constitutional State, with dignity and transparency, in the economical and social orders, as, in its ample exercise of sovereignty, the State has the means to establish effective public policies and invest qualitatively in the intent to prospectively build up a free, just and solidary society; guarantee national development; eradicate poverty and marginalization, diminishing social differences as well as promoting the well-being of all, as art 3o, incision III of the Federal Constitution enforces. Therefore, to the limits of principles and constitutional rules, it should intervene to an ever increasing degree in the legal relations in such a way that the structural transformations of the economy focus primarily on the social progress of the nation as the very end of the so much desired development. Thus, it should validate the fundamental rights of each citizen, mainly through labor as a predominant means of assuring the right to life with dignity.O presente artigo versa sobre a necessidade da atuação positiva do Estado Democrático de Direito, com seriedade e transparência, na ordem econômica e social, eis que, no exercício pleno de sua soberania, tem como estabelecer eficazes políticas públicas e aplicar investimentos de qualidade no intuito prospectivo de construir uma sociedade livre, justa e solidária; garantir o desenvolvimento nacional; erradicar a pobreza e a marginalização, reduzindo as desigualdades sociais, além de promover o bem de todos, como impõe o art. 3o, inciso III, da Constituição Federal. Assim, nos limites dos princípios e regras constitucionais, deve intervir, cada vez mais, nas relações jurídicas, de tal modo que as transformações estruturais da economia tenham por objetivo alcançar, por primeiro, o progresso social da Nação como finalidade própria do desenvolvimento que tanto se almeja. Com isso, deve fazer valer os

  7. Centralization or Democracy? A reflection on the educational management in the Brazilian federal education system, in view of the prospects of an educational democratization.

    Directory of Open Access Journals (Sweden)

    Daniel Cerqueira Silva

    2014-01-01

    Full Text Available This paper reflects on the necessity to practice participatory management in public education, focuses on the newly established Federal Institutes of Science Education and Technology. It builds on the model of educational management practiced at the “Instituto Federal Baiano”, to discuss how the transformation of the former federal agro technical schools in the Federal Institutes (IF'S was not sufficient to break the old paradigm characterized by the maintenance of oligarchies in decision-making processes in those schools. It also discusses how personal and political interests may exclude the participation of some school segments (teaching staff, teachers, administrative staff, students and parents in decision-making and further contribute to the maintenance of vertical-hierarchical power held by principals. The study proposes solutions to converge interests regarding management in public education without losing sight of the National Education Guidelines Law of 1996  (LDB 9394/96, which advocates the participation of the administrative staff and teachers in developing the school pedagogical project, and of the school community in school boards or equivalent.

  8. Complexities of Constitutional Change in the Philippines

    OpenAIRE

    Saunders, Cheryl; Yusingco, Michael Henry

    2018-01-01

    President Rodrigo Duterte assumed office in July 2016, His party, PDP-Laban, had campaigned under the slogan: “No to Drugs, Yes to Federalism”. Duterte thus is committed to shepherding the Philippines towards a federal form of government; an undertaking that would require an extensive overhaul of the country’s constitution. The future of constitutional change under Duterte in any event is uncertain for a series of constitutional and political reasons. Critically, some of the most pressing of ...

  9. In Search of the Political Value of the Federalism Cooperative

    Directory of Open Access Journals (Sweden)

    Marcos Silva Marinho

    2016-11-01

    Full Text Available This article aims to analyze the constitutional affirmation of cooperative federalism as an organizational model of the Brazilian state and the difficulties of its implementation. To do so, were used the post- positivist theories, that defend the indispensability of moral values for the legitimation of institutional practices, and some sociological theories that, analyzing the consolidation of the nation-state as the archetype of social organization of modernity, were able to distinguish the categories "state" and "nation" as not necessarily complementary elements. Through this distinction, the article tried to discuss the relationship among these categories in the construction of Brazil's social fabric.

  10. Protocol to suspend the application of safeguards pursuant to the Agreement of 26 February 1976 between the Agency, the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany in the light of the provisions for the application of safeguards pursuant to the Quadripartite Safeguards Agreement between Argentina, Brazil, the Brazilian-Argentine Agency for the Accounting and Control of Nuclear Materials and the IAEA

    International Nuclear Information System (INIS)

    1999-01-01

    The document reproduces the text of the Protocol of 16 October 1998 suspending the application of safeguards under the Safeguards Agreement (INFCIRC/237) of 26 February 1976 between the Agency, Brazil and the Federal Republic of Germany in the light of the provisions for the application of safeguards pursuant to the Quadripartite Safeguards Agreement between the Agency, Brazil, the Brazilian-Argentine Agency for the Accounting and Control of Nuclear Materials and the IAEA. The Protocol entered into force on 21 October 1999

  11. O cargo público de livre provimento na organização da administração pública federal brasileira: uma introdução ao estudo da organização da direção pública na perspectiva de estudos organizacionais Public position filled by appointment in the Brazilian federal administration: an introduction to the study of public management organization from the organizational studies perspective

    Directory of Open Access Journals (Sweden)

    Leonor Moreira Câmara

    2009-06-01

    Full Text Available A organização da administração pública federal brasileira é raramente abordada na pesquisa no campo de estudos organizacionais (EOs. Privilegia-se a tomada de decisão, seguindo-se a tradição de pesquisa operacional de cunho funcionalista. Contudo, direção é mais complexa e inclui decisão. A direção na administração pública federal brasileira se dá exclusivamente por meio de cargos de livre provimento. Tal realidade permite entender a direção como ação eminentemente política, cristalizada na organização da administração pública. Este artigo possui caráter metodológico e demonstra que o cargo público de livre provimento possui centralidade na organização da administração pública federal brasileira. Identifica, ainda, práticas de operação e interações no exercício da direção pública.The organization of the Brazilian federal public administration is seldom addressed by organizational studies (OS research. The decision-making process is privileged, according to the tradition of functionalist operational research. However, managing is more complex than decision-making, which is included by it. Management level in Brazilian federal public administration is completely filled by appointment. This reality makes us understand management as an utterly political action, crystallized in the public administration organization. This article has a methodological perspective and demonstrates that public positions filled by appointment are central to the Brazilian federal public administration,. It also identifies practices and interactions of public management.

  12. The Constitutional Amendment Process

    Science.gov (United States)

    Chism, Kahlil

    2005-01-01

    This article discusses the constitutional amendment process. Although the process is not described in great detail, Article V of the United States Constitution allows for and provides instruction on amending the Constitution. While the amendment process currently consists of six steps, the Constitution is nevertheless quite difficult to change.…

  13. Linguistic Policies, Linguistic Planning, and Brazilian Sign Language in Brazil

    Science.gov (United States)

    de Quadros, Ronice Muller

    2012-01-01

    This article explains the consolidation of Brazilian Sign Language in Brazil through a linguistic plan that arose from the Brazilian Sign Language Federal Law 10.436 of April 2002 and the subsequent Federal Decree 5695 of December 2005. Two concrete facts that emerged from this existing language plan are discussed: the implementation of bilingual…

  14. Constitutional Rights in Indonesia

    OpenAIRE

    Judhariksawan

    2018-01-01

    The constitution is fundamental to the life of the modern state as a major foothold in state governance. Includes the guarantee of constitutional rights of citizens. The The constitution is the basis of state organizers to be implemented so that the state is obliged to guarantee the fulfillment of citizens' constitutional rights. Human rights have become an important part of the modern constitution. This study will describe how human rights guarantees become part of consti...

  15. Constitutional changes and the dilemmas of constitutionalism

    Directory of Open Access Journals (Sweden)

    Arsen Bačić

    2009-01-01

    Full Text Available The need to develop constitutional mechanisms whose aim is to resolve fundamental relations in society demands the widest possible inclusion of all of society’s active participants in the discussion on the need to adopt or revise the Constitution. The opening of every new round of constitutional changes is of great importance because it always unlocks certain new and important questions. The answers to those questions should be offered by state authority (policy and civil society including science and its disciplines. In this paper, the author mentions several topics which are of interest in the current discussion on the significance of current constitutional changes for the future of the development of constitutionalism and democracy in the Republic of Croatia. These are above all topics of political and legal constitutionalism and suggestions linked to strengthening the independence of judicial powers. The author advocates consistent application of constitutional control and check mechanisms which exclude all insularity of judicial powers in relation to democratic control.

  16. Constitutional compatibility of energy systems

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1983-01-01

    The paper starts from the results of the Enquiry Commission on 'Future Nuclear Energy Policy' of the 8th Federal German Parliament outlining technically feasible energy futures in four 'pathways'. For the purpose of the project, which was to establish the comparative advantages and disadvantages of different energy systems, these four scenarios were reduced to two alternatives: cases K (= nuclear energy) and S (= solar energy). The question to Ge put is: Which changes within our legal system will be ushered in by certain technological developments and how do these changes relate to the legal condition intended so far. Proceeding in this manner will not lead to the result of a nuclear energy system or a solar energy system being in conformity or in contradiction with the constitutional law, but will provide a catalogue of implications orientated to the aims of legal standards: a person deciding in favour of a nuclear energy system or a solar energy system supports this or that development of constitutional policy, and a person purishing this or that aim of legal policy should be consistent and decide in favour of this or that energy system. The investigation of constitutional compatibility leads to the question what effects different energy systems will have on the forms of political intercourse laid down in the constitutional law, which are orientated to models of a liberal constitutional tradition of citizens. (orig./HSCH) [de

  17. The Legal Investigation Peculiarities in RF Constitutional Court

    Directory of Open Access Journals (Sweden)

    Natal'ya V. Lebedeva

    2012-11-01

    Full Text Available The article features the legal proceedings between Federal Bodies, Entities of Russian Federation, and supreme bodies of RF entities which are both of theoretical and practical interests to powers of RF Constitutional Court.

  18. Constitutional relevance of atomic energy law

    International Nuclear Information System (INIS)

    Lettow, S.

    1980-01-01

    In a decision publicized on December 20, 1979 the German Federal Constitutional Court rejected a claim of unconstitutionality in connection with the licensing procedure of the Muelheim-Kaerlich Nuclear Power Station currently under construction. This constitutes confirmation, by the 1st Department of the Court, of a decision in 1978 by the 2nd Department about the Kalkar fast breeder power plant, in which the peaceful utilization of nuclear energy had been found to be constitutional. However, the new decision by the Federal Constitutional Court particularly emphasizes the constitutional relevance of the rules of procedure under the Atomic Energy Act and their function with respect to the protection of civil rights. (orig.) [de

  19. Rooster fighting, animal rights and the environment for the brazilian federal supreme court – a review of the adi 1856/rj

    Directory of Open Access Journals (Sweden)

    Carolina Carneiro Lima

    2015-12-01

    Full Text Available The present paper realized an analysis of the articulated issues and the decision rendered by the Supreme Court in ADI 1856/RJ that discusses the legal validity of the Law enacted by the state of Rio de Janeiro that regulates the practice of the rooster fighting. The standard was declared unconstitutional by the reason of the cruelty, which is subjected the combatant race birds. The decision had as a parameter the principle of human dignity and the constitutional determination that the environment must be protected by the government and by the community. The study is realized under the anthropocentric conception. The goal is to analyze the issue of cruelty against the animals and the protection of the man against the loss of their own dignity with violent actions. For the study, the deductive method was used, by the means bibliographic search to answer the problem that has its heart in reason to protect animals from cruel acts.

  20. Federalism and educational policies in Brazil: contexts and ruptures

    Directory of Open Access Journals (Sweden)

    Rodrigo Ferreira Rodrigues

    2018-01-01

    Full Text Available This article aims to analyze the complexity of the Brazilian federal arrangement and the design of educational policies through the correlation of forces and disputes between spaces and institutional tensions that configure the current and recent context in the educational policies of Brazil. It is a theoretical and documentary study and had as its axis of analysis the tensions and ruptures that had as a background (direct or indirect the National Education System and in its contribution the very system of collaboration, as specific policies of the Brazilian cooperative pact. Thus, we emphasize the role of social participation in the implementation of EC 59/2009, in the National Education Conferences (from 2010 to 2018 and in the constitution of SASE as spaces of agreement and broad and democratic dialogue. Based on this context, it was possible to highlight the ruptures with the process of affirmation of cooperative federalism in guaranteeing the right to quality public education with social and democratic participation, evidencing the necessary strengthening of federal pacts, in the face of the challenges facing the federalism and effectiveness of educational policies in Brazil.

  1. Constitutional reform as process

    OpenAIRE

    Schultze, Rainer-Olaf (Prof.)

    2000-01-01

    Constitutional reform as process. - In: The politics of constitutional reform in North America / Rainer-Olaf Schultze ... (eds.). - Opladen : Leske + Budrich, 2000. - S. 11-31. - (Politikwissenschaftliche paperbacks ; 30)

  2. DEPENDENT STANDARD OF HIGH EDUCATION AND THE BRAZILIAN UNIVERSITY CURRENT EXPANSION

    Directory of Open Access Journals (Sweden)

    José Renato Bez de Gregório

    2014-06-01

    Full Text Available This article is based on the theoretical contributions of Florestan Fernandes seeking to analyze the structural and cyclical features of Brazilian higher education, in order to understand to what extent these features constitute the pattern-dependent learning, the historic brand dependent capitalist insertion of Brazil in the global economy and cultural heteronomy associated with it. We assume that such theoretical foundation helps us understand some aspects of the redesign of higher education underway in Brazil conducted by governments Lula da Silva and Dilma Rousseff, particularly the Program of Support to the Restructuring and Expansion of Federal Universities (REUNI. Thus, presenting some data expansion in the two largest public universities in the state of Rio de Janeiro in order to demonstrate the extent to which this process is indicating the precariousness / intensification of teaching and a deep reconfiguration of Brazilian public university.

  3. Transnational Constitutional Law

    NARCIS (Netherlands)

    Zumbansen, P (Peer); K.I. Bhatt (Kinnari)

    2018-01-01

    textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its

  4. Constitutional collisions of criminal law

    Directory of Open Access Journals (Sweden)

    Sergey M. Inshakov

    2016-12-01

    Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.

  5. Change of position of constitutional judiciary

    Directory of Open Access Journals (Sweden)

    Orlović Slobodan P.

    2013-01-01

    Full Text Available Constitutional judiciary is the youngest branch of authority in the horizontal level of state power. Constitutional judiciary has, during its existence - during two centuries as an ordinary court and during one century as a special authority, changed its position, role and importance. Those characteristics of constitutional judiciary had an increasing way - the position became better, in political and law sense, its role has expanded and the importance has increased. Today, constitutional judiciary is an inevitable subject of constitutional regimes in huge number of states (between them are almost all federations but, in the same time, constitutional judiciary is an authority which is at least limited by the constitution. The constitution is "soft" to the constitutional judiciary because the judiciary interpreted the constitution in accordance to its political and law attitudes, hidden by the guise of protection. Different separation of power, a rise of executive power, requests for better protections of fundamental human rights, a changed role of state and executive power, altogether, have influenced to change of position of constitutional judiciary.

  6. The Brazilian Twin Registry.

    Science.gov (United States)

    Ferreira, Paulo H; Oliveira, Vinicius C; Junqueira, Daniela R; Cisneros, Lígia C; Ferreira, Lucas C; Murphy, Kate; Ordoñana, Juan R; Hopper, John L; Teixeira-Salmela, Luci F

    2016-12-01

    The Brazilian Twin Registry (BTR) was established in 2013 and has impelled twin research in South America. The main aim of the initiative was to create a resource that would be accessible to the Brazilian scientific community as well as international researchers interested in the investigation of the contribution of genetic and environmental factors in the development of common diseases, phenotypes, and human behavior traits. The BTR is a joint effort between academic and governmental institutions from Brazil and Australia. The collaboration includes the Federal University of Minas Gerais (UFMG) in Brazil, the University of Sydney and University of Melbourne in Australia, the Australian Twin Registry, as well as the research foundations CNPq and CAPES in Brazil. The BTR is a member of the International Network of Twin Registries. Recruitment strategies used to register twins have been through participation in a longitudinal study investigating genetic and environmental factors for low back pain occurrence, and from a variety of sources including media campaigns and social networking. Currently, 291 twins are registered in the BTR, with data on demographics, zygosity, anthropometrics, and health history having been collected from 151 twins using a standardized self-reported questionnaire. Future BTR plans include the registration of thousands of Brazilian twins identified from different sources and collaborate nationally and internationally with other research groups interested on twin studies.

  7. The transfer of the nuclear supervision into the federal self-administration in the view of the constitutional law; Die Ueberfuehrung der Atomaufsicht in die Bundeseigenverwaltung aus verfassungsrechtlicher Sicht

    Energy Technology Data Exchange (ETDEWEB)

    Burgi, M. [Bochum Univ. (Germany)

    2005-07-01

    The paper is focussed on the question of a possible transfer of the nuclear supervision from the federal executive administration into a federal self-administration. The discussed topics include the characterization of the nuclear supervision tasks, the relation between administrative tasks and the type of administration, an assessment of the precondition of centrality with respect to the nuclear supervision and a possible accomplishment of the so called centrality.

  8. Risk factors affecting occupational exposure to blood and body fluids among dental students: a cross-sectional study in a brazilian federal university

    Directory of Open Access Journals (Sweden)

    Fábio Fernandes Dantas Filho

    2017-04-01

    Full Text Available Introduction: Dental students are often exposed to bloodborne pathogens during dental training. Several factors are involved in increased risk of human deficiency, hepatitis B and hepatitis C virus (HIV, HBV, and HCV infection. However, there are few studies that address the risks and forms of prevention among dental students in Brazil. Methods: A cross-sectional study of occupational exposure to blood or body fluids among dental students of Universidade Federal do Rio Grande do Sul, Brazil, was performed. These students were referred to the Occupational Medicine Department of Hospital de Clínicas de Porto Alegre from January 2007 to April 2015. Analyzed data included type of exposure (needlestick injury, mucosal exposure, and exposure to non-intact skin; source patient status for HBV, HIV and HCV infection, accident during dental training, procedure performed, biological material involved, type of accident, and hepatitis B vaccination and serological protection status. The objective was to know the incidence rate and others characteristics of accidents in order to prevent them. Results: There were 312 accidents during the study period of 8 years and 4 months, an estimated incidence rate of Incidence rate was 87,42 exposures per 1000 students-year. Source patient was known in 297 of the cases (95.2%, of which 3 were HBsAg reagent, 12 were HIV reagent, and 17 were HCV reagent. The majority of accidents occurred during procedure, but nearly as high as 40% occurred after procedure, of which 63% occurred during instrument cleaning, disinfecting or sterilizing. Most involved sharp instruments were anesthetic syringe needle and curette. Only 48% of dental students knew their anti-HBs was > 10 mIU/mL. Conclusions: Dental students should be tested for hepatitis B immune status at the beginning of training, and vaccination should be available to all dental students before they start clinical practice. Work practice controls on sharp devices should

  9. Transnational Constitutional Law

    OpenAIRE

    Zumbansen, P (Peer); Bhatt, Kinnari

    2018-01-01

    textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its values by placing them ‘in context’ with existing and evolving cultural norms and political, social and economic discourses and struggles. Drawing on socio-legal investigations into the relationships ...

  10. O princípio da capacidade contributiva na jurisprudência do Supremo Tribunal Federal The ability to pay principle in the decisions of the Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Leonel Cesarino Pessôa

    2009-06-01

    Full Text Available O objetivo deste trabalho é analisar a aplicação do princípio da capacidade contributiva pelo Supremo Tribunal Federal. A partir de uma pesquisa realizada no site do tribunal, foram verificadas setenta ocorrências das palavras-chave " capacidade contributiva" nos acórdãos da suprema corte brasileira até novembro de 2008. Para analisar as decisões, partiu-se dos trabalhos de alguns juristas italianos, em especial de Pietro Boria, que procuraram mostrar como, na itália, o princípio da capacidade contributiva foi aplicado tanto na proteção do interesse do contribuinte, como na proteção do interesse do fisco. Os acórdãos foram divididos em cinco grupos de acordo com o interesse protegido e a matéria envolvida. Concluiu-se que, no Brasil, ainda que, às vezes, o princípio tenha sido utilizado na proteção do interesse do contribuinte, foi quase sempre aplicado para a proteção do interesse do fisco.The objective of this paper is to analyze the application of the 'ability to pay' principle to decisions of the Brazilian Supreme Court. In research carried out on the court website, the term 'ability to pay' appeared 70 times in court decisions, until November, 2008. In order to analyze the decisions, I began with texts from Italian jurists, especially Pietro Boria, who sought to demonstrate that the ability to pay principle in Italy is applied both in the protection of taxpayer interests as well as the protection of the state. Decisions were divided into five groups, according to the interest protected and the subject involved. I concluded that, although some times the principle has been applied in the protection of the taxpayer interests, it was almost always applied in the protection of the state interests.

  11. Dimensions of Modern Federalism.

    Science.gov (United States)

    Williams, Robert F.; And Others

    1995-01-01

    Encapsulates a series of brief essays exploring different aspects of modern federalism. Issues include further protection of individual rights extended through state constitutions and federalism and the world economy. Authors include Robert F. Williams, Earl H. Fry, and Daniel J. Elazar. (MJP)

  12. The Causes of Failure of the European Constitution From the Perspective of the Constitution-Making Process

    Directory of Open Access Journals (Sweden)

    Robert Podolnjak

    2006-01-01

    Full Text Available The basic argument of the article is that the main causes of failure of the European Constitution stem from an inadequate preparation and implementation of a complex procedure of constitution-making for a federation of countries on a continental scale. This process includes the issues of temporal aspects of constitutionmaking, the subject of constitution-making, the text of the constitution, the strategy of constitutional ratifi cation and the constitution-makers themselves. The principal causes of failure of the European Constitution will be presented in the form of certain preliminary assumptions, which will then be examined in the light of certain comparative experiences of constitution-making in two federal systems – the American and the Swiss system. The primary mistakes of the European constitution-making are refl ected in the lack of an appropriate moment for making the constitution, in the vagueness of the document in terms of its constitutional or contractual quality, in the creation of a text of the Constitution which is completely incomprehensible to the average citizen, in the making of the Constitution without a vision or ambition, in the complete lack of any strategy of ratifi cation of the Constitution, in the insistence on the direct participation of the people in the adoption of the Constitution, which is legally and politically considered primarily an international treaty, and in badly managed media presentation and defence of the Constitution before the European public. The most important mistakes, crucial to the failure of the Constitution, are the ambivalent approach of the European constitutionmakers to the mode of ratifi cation of the Constitution, and their disregard of the constitution-making experience of other federal countries.

  13. Federalism and Health Care

    Directory of Open Access Journals (Sweden)

    G. Alan Tarr

    2011-10-01

    Full Text Available President Barack Obama proposed a major overhaul of the American healthsystem, and in 2010 the U.S. Congress enacted his proposal, the PatientProtection and Affordable Care Act. Opponents of the Act challenged itsconstitutionality in federal court, claiming that it exceeds the powers grantedto the federal government under the Commerce Clause and the NecessaryProper Clause of the federal Constitution. Some courts have upheldthe law, but others have agreed with the critics, in particular ruling thatthe provision requiring citizens to buy health insurance is unconstitutional.Eventually the U.S. Supreme Court will rule on the issue. This article tracesthe controversy, surveys the interpretation of pertinent constitutional provisionsin past cases, analyzes the constitutional arguments presented byproponents and opponents of the Act, and concludes that the Act is constitutional.

  14. Dilemele regionalizării: între federalismul constituţional şi personalizarea puterii în numele interesului public* (Dilemmas of regionalisation: between constitutional federalism and the personalization of power in the name of public interest

    Directory of Open Access Journals (Sweden)

    Emanuel COPILAŞ

    2014-02-01

    Full Text Available Public life in Romania is animated by a new subject, the reappraisal of the Constitution. Is it predictable, at least to a certain point, how ample will these changes be and how will they contribute to the improvement of the daily life of Romanian citizens? These are just some of the questions the above mentioned initiative raises. It has become almost a habit for political analysts to regret the population’s lack of civism in problems of general interest. But a strong civil society is improbable in a country with extended and almost continuous economic difficulties. Political rights are absent or at least dysfunctional in the absence of economic rights. This is where the new Constitution could prove its utility: by becoming a federation, Romania could offer an authentic meaning to the extremely used term of regionalization. But how feasible is this project in the present conditions? And what consequences might entail?

  15. The Brazilian Bolsa Escola

    Directory of Open Access Journals (Sweden)

    Rachel Cassidy

    2008-12-01

    Full Text Available The Bolsa Escola (‘school stipend’ and its successor the Bolsa Familia (‘family stipend’ schemes have formed a crucial and successful part of Brazil’s welfare program. Bolsa Escola provided aid to Brazil’s poorest families on the condition that their children attended school, and Bolsa Familia has extended this idea, giving aid on the condition that children both attend school and receive vaccinations. Bolsa Familia is currently the largest Conditional Cash Transfer Program (CCTP in the world, costing roughly 0.5% of Brazilian GDP and helping around 11.2 million families (around 44 million Brazilians, constituting roughly one fifth of the population. Multilateral institutions have praised the schemes, and they are setting a leading example to other developing nations. In 2005, Paul Wolfowitz (former president of the World Bank said, ‘Bolsa Familia has already become a highly praised model of effective social policy. Countries around the world are drawing lessons from Brazil’s experience and are trying to produce the same results for their own people’.

  16. A psicologia e a constituição do campo educacional brasileiro La psicología y la constitución del campo de educación brasileño The psychology and the constitution of the brazilian education field

    Directory of Open Access Journals (Sweden)

    Ana Paola Sganderla

    2010-03-01

    conocimiento psicológico.The present article aims to discuss as the Psychology contributed for the formation of the Brazilian educational field in the early twentieth. At the same time, the educational field has provided fundamental elements that formed the basis for the establishment of this science as a recognized scientific field in the country. As theoretical base for the investigation, we used the concept of social field of Pierre Bourdieu, relating the present practical implications in this constitution: Influential intellectuality; structuring of professional associations; formation and educational professionalization and production of theoretical and technical knowledge in the area. In this scenery, the Psychology contributed to the constitution of the Brazilian educational field as one of the sciences that guided the teachers' formation and the education discussions. Lourenço Filho was listed as one of the intellectuals of larger production and responsible for spreading the psychological knowledge.

  17. Criminal adjudication by state courts under the FDRE constitution ...

    African Journals Online (AJOL)

    ... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

  18. JURISDIÇÃO CONSTITUCIONAL: CONFLITOS E TENSÕES ENTRE O SUPREMO TRIBUNAL FEDERAL E O PODER LEGISLATIVO -- CONSTITUTIONAL JURISDICTION: CONFLICTS AND TENSIONS BETWEEN THE SUPREME DEFERAL COURT AND THE LEGISLATIVE NATIONAL POWER

    Directory of Open Access Journals (Sweden)

    Anna Candida da Cunha Ferraz

    2016-06-01

    Full Text Available Resumo: Conflitos e tensões permeiam a jurisdição constitucional no Brasil. Em organização estatal fundada na separação de poderes, que é disciplinada de modo expresso e, por vezes, taxativo na Constituição da República Federativa do Brasil de 1988, e que tem como guardião o Supremo Tribunal Federal, um dos poderes constituídos, conflitos entre poderes são possíveis ou mesmo inevitáveis. Vários exemplos demonstram essa realidade. Neste artigo alguns exemplos de conflitos entre o Supremo Tribunal Federal e o Poder Legislativo são examinados em razão do nível da polêmica que suscitam e por envolverem sério questionamento sobre a força normativa da Constituição brasileira. Palavras-chave: Conflitos entre Poderes. Tensões na Jurisdição Constitucional. Poder Legislativo. Supremo Tribunal Federal. Força normativa da Constituição.

  19. Constitution 200: A Bicentennial Collection of Essays.

    Science.gov (United States)

    Hepburn, Mary A., Ed.; And Others

    Constitutional essays which formed the basis of public assemblies throughout three states are compiled in this book. The first three essays consider the U.S. government principles of federalism, judicial review, and the separation of powers. Michael L. Benedict proposes that the question of ultimate sovereignty has been answered differently by…

  20. Sub-national constitutions in Ethiopia

    African Journals Online (AJOL)

    eliasn

    practice.9 Consequently, the reference to the practice is merely tangential and is intended for ... ico, and Malaysia, from among others. See James A. .... ereignty and the principle of self-rule that constitutes an aspect of federal ..... ernment, to levy and collect state taxes on their own revenue sources, to es- tablish and ...

  1. The Anatomy of a Constitutional Tort.

    Science.gov (United States)

    Horner, Jeffrey J.

    1988-01-01

    Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

  2. Brazilian emergency planning for radiological accidents

    International Nuclear Information System (INIS)

    Mendonca, A.H.

    1986-01-01

    Brazilian emergency planning for radiological accidents is organized to respond promptly to any emergency at nuclear power plants or other installations utilizing nuclear fuel. It consists of several committees: a general coordination committee with representatives from several federal departments, with final decision with the Brazilian Nuclear Energy Commission (CNEN), and the Federal Environmental Protection Agency (SEMA). Some committees conduct support activities. For example, the Operational Coordination Committee supervises the tasks undertaken by the Army, Navy, and Air Force in response to the needs and decisions of the general coordination committee

  3. Health policies and federative gaps in Brazil: an analysis of regional capacity of services delivery.

    Science.gov (United States)

    Ribeiro, José Mendes; Moreira, Marcelo Rasga; Ouverney, Assis Mafort; Silva, Cosme Marcelo Furtado Passos da

    2017-04-01

    This paper analyzes Brazilian health regions according to their service delivery capacity from the debate on the crisis of cooperative federalism in the SUS that resulted from decentralizing process established in the 1988 Constitution. Service delivery capacity tracer indicators were selected by regions and statistical analyses evidenced greater regional capacity in hospital care and large asymmetries with regard to the availability of physicians, high complexity equipment and private insurance coverage. In conclusion,we argue that further solutions are required to strengthen governmental capacity to reduce regional inequalities throughincreased central coordination.

  4. COUNTERMAJORITARIAN INSTITUTIONS IN THE RUSSIAN CONSTITUTION OF 1993 AS AN INSTRUMENT ENSURING CONSTITUTIONAL AND POLITICAL STABILITY

    Directory of Open Access Journals (Sweden)

    S. Shakhray

    2018-01-01

    Full Text Available The article enriches the discussion on the legal reasons and conditions fostering the viability of democratic constitutions by analyzing the rich experience of the Russian Constitution of 1993. Particular attention is paid to the concept of countermajoritarian institutions. The authors elaborate the idea that countermajoritarian institutions can play an important role in ensuring the viability (put in other terms, the proper balance between stability, adaptability, and dynamic development of modern democratic constitutions as well as political regimes.The article presents evidence-based data showing that the President and the Constitutional Court of the Russian Federation systematically acted as countermajoritarian institutions at the initial stage of the implementation of the “blueprint for the future” set down in the 1993 Russian Constitution. As a result of the activities of these institutions, strong legal frameworks were created that are necessary for the establishment of anew constitutional system of the Russian state and law.Today, the Russian Constitution of 1993 is one of the longest lasting democratic constitutions in the world (the average “life expectancy” of democratic constitutions adopted over the past 250 years is about seventeen years. The study of the countermajoritarian provisions in the 1993 Russian Constitution is of both theoretical and practical importance. In particular, the results of the study can be useful in creating efficient legal instruments for the maintenance of political stability and social development management both within sovereign states and within interstate communities.

  5. Análise de desempenho econômico da produção orgânica de leite: estudo de caso no Distrito Federal Assessment of economic performance of organic milk production: case study in the brazilian federal district

    Directory of Open Access Journals (Sweden)

    Andréa Amaral Alves

    2009-04-01

    Full Text Available Neste trabalho, objetivou-se analisar economicamente a produção orgânica de leite. Para esta avaliação foram utilizados os dados obtidos em uma propriedade certificada como orgânica, localizada no Distrito Federal, durante os períodos de 2002 e 2003. A Renda Líquida (RL por litro de leite foi positiva no ano de 2002 e negativa no de 2003, considerando-se o preço do leite a R$ 0,40/ L, (preço histórico pago ao produtor de leite convencional na região, apresentando resultados positivos com o preço simulado de R$ 0,80/L (preço pago aos produtores orgânicos nas Regiões Sul e Sudeste do país. Os índices de produtividade foram semelhantes aos observados nas propriedades convencionais. A produção orgânica de leite pode ser uma alternativa economicamente viável para a pecuária, desde que haja uma remuneração superior à praticada para o leite convencional.The objective of the present work is the economical analysis of the organic milk production. For this evaluation, statistics from a farm with organic certificate located in the Brazilian Federal District were appraised, during the period of 2002 and 2003. The Net Operating Revenue (NOR displayed a positive general average per liter of milk for 2002 and a negative average for 2003, considering the milk price at R$ 0.40/l (this being the historical price of the conventional milk in that region, presenting positive results at the simulated price of R$ 0.80/l (this being the common price of organic milk marketed at Southeast and South regions. The productivity indicators were similar to those observed for traditional properties. The organic milk production may become an economically practicable alternative for the national cattle farming, as long as the remuneration stays higher than that practiced for the conventional milk.

  6. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  7. Crushed Salt Constitutive Model

    International Nuclear Information System (INIS)

    Callahan, G.D.

    1999-01-01

    The constitutive model used to describe the deformation of crushed salt is presented in this report. Two mechanisms -- dislocation creep and grain boundary diffusional pressure solution -- are combined to form the basis for the constitutive model governing the deformation of crushed salt. The constitutive model is generalized to represent three-dimensional states of stress. Upon complete consolidation, the crushed-salt model reproduces the Multimechanism Deformation (M-D) model typically used for the Waste Isolation Pilot Plant (WIPP) host geological formation salt. New shear consolidation tests are combined with an existing database that includes hydrostatic consolidation and shear consolidation tests conducted on WIPP and southeastern New Mexico salt. Nonlinear least-squares model fitting to the database produced two sets of material parameter values for the model -- one for the shear consolidation tests and one for a combination of the shear and hydrostatic consolidation tests. Using the parameter values determined from the fitted database, the constitutive model is validated against constant strain-rate tests. Shaft seal problems are analyzed to demonstrate model-predicted consolidation of the shaft seal crushed-salt component. Based on the fitting statistics, the ability of the model to predict the test data, and the ability of the model to predict load paths and test data outside of the fitted database, the model appears to capture the creep consolidation behavior of crushed salt reasonably well

  8. Communicative Constitution of Organizations

    DEFF Research Database (Denmark)

    Schoeneborn, Dennis; Vasquez, Consuelo

    2017-01-01

    The notion of the communicative constitution of organizations (CCO) is at the center of a growing theoretical development within organizational communication studies. CCO scholarship is based on the idea that organization emerges in and is sustained and transformed by communication. This entry...

  9. Gender and the Constitution

    Science.gov (United States)

    Ginsburg, Ruth Bader

    1975-01-01

    In discussing the constitutional aspects of the sex-role debate in the U.S. the author traces the tradition, compares the present criterion of equal protection to the equal rights argument, and analyzes the equality principle with reference to affirmative action and to childbearing and childrearing, supporting the proposed equal rights amendment.…

  10. The constitutive sofa cushion

    DEFF Research Database (Denmark)

    Hanghøj, Sara

    2009-01-01

    personal values materialize through a hand-made everyday artefact, and how can the artefact constitute action and self-perception? The empirical research and analysis concerns how a former textile crafts teacher's subjective values and professional identity materialize through a hand-woven sofa cushion...

  11. A Prospect and Challenges for Adopting Constitutional Complaint and Constitutional Question in the Indonesian Constitutional Court

    OpenAIRE

    Faiz, Pan Mohamad

    2016-01-01

    A jurisdiction of the Indonesian Constitutional Court concerning constitutional adjudication is only limited to review the constitutionality of national law. There is no mechanism for challenging any decision or action made by public authorities that violate fundamental rights enshrined in the Indonesian Constitution. This article argues that constitutional complaint and constitutional question might be adopted as new jurisdictions of the Indonesian Constitutional Court in order to strengthen...

  12. Unborn children as constitutional persons.

    Science.gov (United States)

    Roden, Gregory J

    2010-01-01

    In Roe v. Wade, the state of Texas argued that "the fetus is a 'person' within the language and meaning of the Fourteenth Amendment." To which Justice Harry Blackmun responded, "If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment." However, Justice Blackmun then came to the conclusion "that the word 'person,' as used in the Fourteenth Amendment, does not include the unborn." In this article, it is argued that unborn children are indeed "persons" within the language and meaning of the Fourteenth and Fifth Amendments. As there is no constitutional text explicitly holding unborn children to be, or not to be, "persons," this argument will be based on the "historical understanding and practice, the structure of the Constitution, and thejurisprudence of [the Supreme] Court." Specifically, it is argued that the Constitution does not confer upon the federal government a specifically enumerated power to grant or deny "personhood" under the Fourteenth Amendment. Rather, the power to recognize or deny unborn children as the holders of rights and duties has been historically exercised by the states. The Roe opinion and other Supreme Court cases implicitly recognize this function of state sovereignty. The states did exercise this power and held unborn children to be persons under the property, tort, and criminal law of the several states at the time Roe was decided. As an effect of the unanimity of the states in holding unborn children to be persons under criminal, tort, and property law, the text of the Equal Protection Clause of the Fourteenth Amendment compels federal protection of unborn persons. Furthermore, to the extent Justice Blackmun examined the substantive law in these disciplines, his findings are clearly erroneous and as a whole amount to judicial error. Moreover, as a matter of procedure, according to the due process standards recognized in

  13. The Brazilian investment in science and technology

    Directory of Open Access Journals (Sweden)

    Pinheiro-Machado R.

    2001-01-01

    Full Text Available An analysis of Brazilian federal expenditures in science and technology is presented is this study. The 1990-1999 data were compiled from records provided by two federal agencies (MCT and CNPq responsible for managing most of the national budget related to these activities. The results indicate that the federal investments in Brazilian science and technology stagnated during the last decade (US$ 2.32 billion in 1990, US$ 2.39 billion in 1996, and US$ 2.36 billion in 1999. In contrast, a great increase in private investments in research was acknowledged both by industry and by the government during the same period, from US$ 2.12 to US$ 4.64 billion. However, this investment did not result in an increase in invention patents granted to residents (492 in 1990 and only 232 in 1997 or in a reduction of patent costs. Despite this unfavorable scenario, the number of graduate programs in the country has increased two-fold in the last decade and the contribution of Brazilians to the database of the Institute for Scientific Information has increased 4.7-fold from 1990 (2,725 scientific publications to 2000 (12,686 scientific publications. Unstable federal resources for science, together with the poor returns of private resources in terms of developing new technologies, may jeopardize the future of Brazilian technological development.

  14. A educação como projeto de melhoramento racial: uma análise do art. 138 da Constituição de 1934 (Education as a racial enhancement project: an analysis of art. 138 of the 1934 Brazilian Constitution

    Directory of Open Access Journals (Sweden)

    Simone Rocha

    2018-01-01

    Full Text Available Historically, laws are created to meet the needs of a particular place and time, taking into account cultural, ideological and political aspects on which they act. In this sense, the Brazilian parliamentarians intended to encourage the promotion of an “eugenic education” by adopting legislative and administrative measures related to social hygiene, seeking racial “improvement” through socio-educational measures. For the eugenics, the “education” factor would only have the purpose of stimulating the good strains of the “well born.” The bill advocated in Art. 138 of the 1934 Constitution would pretend to act before a population constituted mostly of blacks and mulattos, making it diffcult for them to contract marriage with white people of high social status. The present article sought to analyze the discourse of parliamentarians and eugenics that defended and articulated the preliminary project that advocated the encouragement of eugenic education in a moment of signifcant historical and educational importance. Approaching this theme leads us to think how political actions, articulated aiming at racial improvement, influenced the decisions in the educational policy of the country, and for which social segments did they effectively act as a propellant of social and human development though education. Historicamente as leis são criadas visando atender às necessidades de um determinado local e tempo, levando em consideração aspectos culturais, ideológicos e políticos sobre os quais atuam. Nesse sentido, os parlamentares brasileiros pretendiam fomentar o estímulo a uma “educação eugênica” pela adoção de medidas legislativas e administrativas relacionadas à higiene social buscando o “melhoramento” racial através de medidas sócio/educativas. Logo, para os eugenistas, o fator “educação” teria apenas o objetivo de estimular as boas estirpes dos “bem nascidos”. O projeto de lei defendido no Art. 138, da

  15. Pre-occupation of innocence and provisional penal enforcement: a critical analysis of the Federal Supreme Court jurisprudential modification

    Directory of Open Access Journals (Sweden)

    Augusto Jobim do Amaral

    2017-10-01

    Full Text Available This article deals with the problems involved in the provisional execution of the sentence in the Brazilian criminal procedural system, especially with respect to the constitutional guarantee of the presumption of innocence, here in its political-constitutional value. In the current national context in which it is heavily invested in relativizations of fundamental guarantees and in false punitive solutions, it is essential that the criminal procedure be imposed from the principles enshrined in the 1988 Constitution. It intends to demonstrate the new contours of the position built by the Federal Supreme Court on the subject, its possible criticisms and impacts on the commitment of the legitimacy of the decisions made in criminal matters by the Judiciary.

  16. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2008-01-01

    Full Text Available This research focused on what constitutes information integrity as this is a problem facing companies today. Moreover, information integrity is a pillar of information security and is required in order to have a sound security management programme. However, it is acknowledged that 100% information integrity is not currently achievable due to various limitations and therefore the auditing concept of reasonable assurance is adopted. This is in line with the concept that 100% information security is not achievable and the notion that adequate security is the goal, using appropriate countermeasures. The main contribution of this article is to illustrate the importance of and provide a macro view of what constitutes information integrity. The findings are in harmony with Samuel Johnson's words (1751: 'Integrity without knowledge is weak and useless, and knowledge without integrity is dangerous and dreadful.'

  17. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2007-12-01

    Full Text Available This research focused on what constitutes information integrity as this is a problem facing companies today. Moreover, information integrity is a pillar of information security and is required in order to have a sound security management programme. However, it is acknowledged that 100% information integrity is not currently achievable due to various limitations and therefore the auditing concept of reasonable assurance is adopted. This is in line with the concept that 100% information security is not achievable and the notion that adequate security is the goal, using appropriate countermeasures. The main contribution of this article is to illustrate the importance of and provide a macro view of what constitutes information integrity. The findings are in harmony with Samuel Johnson's words (1751: 'Integrity without knowledge is weak and useless, and knowledge without integrity is dangerous and dreadful.'

  18. The constitutional view

    Directory of Open Access Journals (Sweden)

    Roberto Horácio Sá Pereira

    2016-05-01

    Full Text Available http://dx.doi.org/10.5007/1808-1711.2016v20n2p165   This brief paper is devoted to criticizing the widespread reading of Kant’s first Critique, according to which reference to subject-independent objects is “constituted” by higherorder cognitive abilities (concepts. Let us call this the “constitutional view”. In this paper, I argue that the constitutional reading confuses the un-Kantian problem of how we come to represent objects (which I call the intentionality thesis, with the quite different problem of how we cognize (erkennen (which I call the “cognition thesis” that we do represent objects, that is, things that exist independently of the subject.

  19. Transnational Governance and Constitutionalism

    DEFF Research Database (Denmark)

    Joerges, Christian; Sand, Inger-Johanne; Teubner, Gunther

    of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international......The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes...

  20. Constitutional obligations of a person and a citizen

    Directory of Open Access Journals (Sweden)

    Alexey Yu. Ogurtsov

    2011-01-01

    Full Text Available The constitution of the Russian Federation does not contain the list of obligations, but theoretically each legal right is supposed to correspond to a legal obligation. Such conformity is achieved by means of attaching obligations not only by Constitution, but by the branch legislation either.

  1. Sonora Legislators and their Constitution, 1857-1861

    Directory of Open Access Journals (Sweden)

    Zulema Trejo

    2010-01-01

    Full Text Available This paper describes the members of the Sonora constituent congress (1857-61, and analyzes the debates they held regarding the project for the state's Constitution, which would follow the lines estblished by the 1857 Federal Constitution. It also points out the relations between each legislator's trajectory and politicial affiliation (as far as available sources allow for this, and the proposals he presented during the legislative debates that gave place to the 1861 Constitution of Sonora.

  2. Islamization in Malaysia: the constitutional and legal dimensions

    OpenAIRE

    Choo, Kah Sing

    2017-01-01

    This thesis examines the legitimacy of the Islamization of the politics, society and law in Malaysia. The Islamization plan was carried out by the federal government in the early 1980s under the Mahathir administration. The legitimacy of the Islamization plan is measured against the original intent of the Independence Constitution, with particular reference to the position of Islam in the Constitution. Those constitutional provisions which have been claimed to have granted I...

  3. How do the Constitutional Courts decide?

    Directory of Open Access Journals (Sweden)

    Pasquale Pasquino

    2016-12-01

    Full Text Available The purpose of this article is to explore the mode of production of judicial sentences drafted by constitutional courts in Europe. The natural object of study of the constitutional theory is the analysis of this final product of judicial creation of Law by Constitutional Courts. However, the doctrine has not given sufficient attention –from a comparative law perspective– to the mechanisms and procedures that lead to the decisions of these institutions. Thus, this document will classify the different types of decision-making processes in the courts, analyzing the stages that make up the «mode of production», from the study of the decisions of the Supreme Court of the United States, the Constitutional Council of the French Republic, The Constitutional Court of Italy and the Federal Constitutional Court of Germany. At the end of the paper, some conclusions are made about the period of the magistrates, their party affiliation, the temporary restrictions of deliberation and institutional factors such as the number of attendees or the personalization of its members.

  4. 3rd BRAZILIAN CONSENSUS ON Helicobacter pylori

    Directory of Open Access Journals (Sweden)

    Luiz Gonzaga Coelho

    2013-04-01

    Full Text Available Significant progress has been obtained since the Second Brazilian Consensus Conference on Helicobacter pylori Infection held in 2004, in São Paulo, SP, Brazil, and justify a third meeting to establish updated guidelines on the current management of H. pylori infection. The Third Brazilian Consensus Conference on H pylori Infection was organized by the Brazilian Nucleus for the Study of Helicobacter, a Department of the Brazilian Federation of Gastroenterology and took place on April 12-15, 2011, in Bento Gonçalves, RS, Brazil. Thirty-one delegates coming from the five Brazilian regions and one international guest, including gastroenterologists, pathologists, epidemiologists, and pediatricians undertook the meeting. The participants were allocated in one of the five main topics of the meeting: H pylori, functional dyspepsia and diagnosis; H pylori and gastric cancer; H pylori and other associated disorders; H pylori treatment and retreatment; and, epidemiology of H pylori infection in Brazil. The results of each subgroup were submitted to a final consensus voting to all participants. Relevant data were presented, and the quality of evidence, strength of recommendation, and level of consensus were graded. Seventy per cent and more votes were considered as acceptance for the final statement. This article presents the main recommendations and conclusions to guide Brazilian doctors involved in the management of H pylori infection.

  5. On the constitutionality of dose limiting values

    International Nuclear Information System (INIS)

    Goetz, V.

    1976-01-01

    The fundamental right according to Art. 2 par. 2 sentence 1 of the German Constitution is relevant for the set-up and application of radiation protection law. Resulting from Art. 2 par. 2 sentence 1 of the Constitution it is a general obligation of the state to protect life (Federal Constitutional Court, judgment of 25th Feb., 1975, BVerfGE 39.1) and physical soundness. The subjective basic right of everybody to defend against official encroachments his personal integrity corresponds to the right of the individual within the framework of the official obligation for protection from the state (to ward off danger). The term of danger, as to the degree of its determination, corresponds to that of the encroachment. To speak of danger in a legal sense, the causal connection between a certain source of danger and certain damage must be ascertained and proved. Topical controversies as to the admissibility of activity discharges of low doses range in the field of risk reduction and thus in the field of the duty of the state to take precautionary steps against risks (Art. 2 par. 2 sentence 1 of the Constitution). The constitution, however, does not contain any basic right that every risk has to be avoided. On the other hand, the necessity of cautions valuation of radiation risks can be derived from the Constitution. The fixation of dose limits and their application in connection with general radiation protection principles (paragraph 28 E of the Radiation Protection Ordinance) do not contain any 'interference' with the basic right in the sense of Art. 2 par. 2 sentence 3 of the Constitution. Neither from aspects of the principle of the legal state nor from Art. 80 par. 1 of the Constitution can the use of the legal form of the Ordinance be doubted. (orig./HP) [de

  6. Influência regional no consumo precoce de alimentos diferentes do leite materno em menores de seis meses residentes nas capitais brasileiras e Distrito Federal Regional influence on early consumption of foods other than breast milk in infants less than 6 months of age in Brazilian State capitals and the Federal District

    Directory of Open Access Journals (Sweden)

    Silvia Regina Dias Medici Saldiva

    2011-11-01

    Full Text Available Objetivou-se avaliar a influência regional no consumo precoce de alimentos diferentes do leite materno em menores de seis meses residentes nas capitais brasileiras. Analisaram-se dados de 18.929 crianças da II Pesquisa de Prevalência de Aleitamento Materno nas Capitais Brasileiras - 2008. As frequências do consumo de chá, sucos, leite artificial e mingau/papa foram calculadas para as capitais das cinco regiões brasileiras. Curvas do consumo foram obtidas pela análise de logitos e estimativas das razões de prevalência (RP por modelos de Poisson. O consumo de leite artificial foi maior quando comparado aos demais alimentos em todas as capitais. As capitais do Sul apresentaram a maior razão de prevalência para o consumo de chá (RP = 2,37 e as do Nordeste e Sudeste, para o consumo de outros tipos de leite (RP = 1,50 e 1,47 e de suco (RP = 1,57 e 1,55. Nas capitais do Nordeste, o consumo precoce de mingau/papa foi maior (RP = 3,0. A região tem influência no consumo precoce de alimentos, o que deve ser levado em consideração na elaboração de políticas públicas.The aim was to assess regional influences on food consumption in infants less than six months of age. A cross-sectional study was conducted in a sample of 18,929 infants participating in the Second Survey on Breastfeeding Prevalence in Brazilian State Capitals and the Federal District in 2008. Consumption rates for tea, fruit juices, formula milk, and porridge were calculated for the State capitals from the five geographic regions of the country. Food consumption was estimated by logit analyses and Poisson models. Differences in food consumption profile were observed between the different regions: tea was more common in State capitals in the South (RP = 2.37, while non-maternal milk (RP = 1.50 and 1.47 and juices (RP = 1.57 and 1.55 were more frequent in the Northeast and Southeast, respectively. Porridge was more common in the Northeast (RP = 3.0. Brazil's geographic regions

  7. CONSIDERATIONS ABOVE THE MINI-CONSTITUENT PROPOSAL AND THE PROBLEMS MINIMIZATION (FROM CONSTITUTIONAL DIRIGISME TO THE EXPECTATIONS FRUSTRATION)

    OpenAIRE

    Padua, Átila Andrade

    2015-01-01

    With the June movements of 2013 was fostered the proposal to convene a "mini constituent" as a possibility to minimize the problems experienced by Brazilian society. Considering the constitutional  work  of  the  influx  Portuguese  José  Joaquim  Gomes  Canotilho  this constitutional model and the breaking of paradigms that represented the turgid Brazilian and Portuguese  constitutions,  dedicated  special  attention  to  the  differentiation  of  program standards with the constitutional di...

  8. Nuclear energy and the constitutional state

    International Nuclear Information System (INIS)

    Saladin, P.

    1984-01-01

    This article puts the main emphasis on the problems of the constitutional principles of democracy, federalism, peaceful living together of peoples and constitutional state, i.e. problems caused by the development of nuclear energy. The fact that these problems are explained by way of the example of Switzerland, does not reduce the validity of the findings also for the German constitutional system, since the problems are identical and comparable. A long-term goal is a state theory which helps to define the aims and tasks of the state under technical, social, economic and cultural conditions of the end of the 20th and perhaps of the 21st century. Nuclear technology challenges the modern Western state and puts to the test the firmness of its legitimacy basis and the efficiency of its principles. It was conceived in a time which is separated from the present by technological revolutions. Safeguarding of humanity is aim and obligation of the modern constitutional state; the constitutional state stipulates the rules of conduct and, if the state remains true to its claim, it sets the procedures and the organization which give due priority order to the development of modern technology. (orig./HSCH) [de

  9. Constitution, 5 May 1989.

    Science.gov (United States)

    1989-01-01

    This document contains provisions of Cambodia's Constitution of May 5, 1989. Article 7 gives men and women equal rights in marriage and the family, calls for monogamous marriages, and affords social protection to mothers and children. Article 8 guides parent-child relationships. The 14th article defines state property, and the 15th gives citizens full rights to own, use, and inherit land. The use of agricultural and forested land can only be changed with permission. Article 22 assigns educational responsibilities to the state, including free elementary education and a gradual expansion of higher education. Adult literacy classes are also promoted. Article 26 guarantees free medical consultations, and article 27 gives women a 90-day paid maternity leave. Breast-feeding women are also given special privileges. Article 33 guarantees the right to pay equity and to social security benefits. Article 36 grants the freedom to travel, the inviolability of homes, and privacy in correspondence of all types.

  10. Constitution, 5 October 1988.

    Science.gov (United States)

    1989-01-01

    This document contains major provisions of the constitution adopted by Brazil on 5 October 1988. This constitution seeks to promote the welfare of all citizens without discrimination. The equality of all citizens is guaranteed, and the equal rights of women are specifically mentioned. Property rights are also guaranteed and defined. Female inmates are granted the right to remain with their children while breast feeding. Workers are guaranteed a minimum wage, a family allowance for dependents, maternity/paternity leave, specific incentives to protect the labor market for women, retirement benefits, free day care for preschool-age children, pay equity, and equal rights between tenured and sporadically employed workers. Agrarian reform provisions are given, including the authority to expropriate land. Social and economic policies to promote health are called for, and public health services are to be decentralized, to be integrated, and to foster community participation. Pension plan and social assistance provisions are outlined as are duties of the state in regard to education. The amount of money to be dedicated to education is set out, and a national educational plan is called for to achieve such goals as the eradication of illiteracy, the universalization of school attendance, the improvement of instruction, and the provision of vocational training. Specific measures are set out to protect and preserve the environment. Family policy deals with issues of marriage, the definition of a family, divorce, the right to family planning services, and the deterrence of domestic violence. Social protection provisions cover mothers and children, handicapped persons, and protection of minors. Finally, the customs and rights of Indians are protected, with special provisions given to protect land tenure and to protect the rights of Indians in water resource development and prospecting and mining activities.

  11. Global power and Brazilian nuclear decisions

    Energy Technology Data Exchange (ETDEWEB)

    Metri, Paulo, E-mail: pmetri@terra.com.br [Clube de Engenharia, Rio de Janeiro, RJ (Brazil)

    2017-07-01

    Brazilian society declares no intention to development a nuclear artifact. This is on its Constitution. The submarine of nuclear propulsion may be used as a weapon of defense and, therefore, has a peaceful objective. Nationalism must be applied only to benefit the society. Nationalist attention has always been devoted, at various occasions, to the Brazilian nuclear sector. However, since Brazilian society has many needs and the Brazilian government always had numerous energy options, this sector has not been developed as it could be. Other successful applications of nuclear technology, besides electric generation, are not considered here. At present, the country is experiencing a moment of harassment of liberal forces. It is difficult to know if the population understands what is going on, due to the traditional media control. This media belongs to the capital. The rise and the fall of the nationalist strand in a country follow a global tendency and also depend of actions of the international capital. In nationalist periods, more decisions with positive social impact are taken. Therefore, sovereignty is necessary to increase the benefits to society. Unfortunately, the Brazilians deceived by the companies of mass communication and corrupt political leaderships allow the country to be dominated. Even the armed forces had their projects paralyzed. The nuclear sector, as all other, suffers with the low budget and the future is difficult to predict. (author)

  12. Global power and Brazilian nuclear decisions

    International Nuclear Information System (INIS)

    Metri, Paulo

    2017-01-01

    Brazilian society declares no intention to development a nuclear artifact. This is on its Constitution. The submarine of nuclear propulsion may be used as a weapon of defense and, therefore, has a peaceful objective. Nationalism must be applied only to benefit the society. Nationalist attention has always been devoted, at various occasions, to the Brazilian nuclear sector. However, since Brazilian society has many needs and the Brazilian government always had numerous energy options, this sector has not been developed as it could be. Other successful applications of nuclear technology, besides electric generation, are not considered here. At present, the country is experiencing a moment of harassment of liberal forces. It is difficult to know if the population understands what is going on, due to the traditional media control. This media belongs to the capital. The rise and the fall of the nationalist strand in a country follow a global tendency and also depend of actions of the international capital. In nationalist periods, more decisions with positive social impact are taken. Therefore, sovereignty is necessary to increase the benefits to society. Unfortunately, the Brazilians deceived by the companies of mass communication and corrupt political leaderships allow the country to be dominated. Even the armed forces had their projects paralyzed. The nuclear sector, as all other, suffers with the low budget and the future is difficult to predict. (author)

  13. Atividades do Senado Federal brasileiro na área de saúde pública, 1995 e 1996 Activities of the Brazilian Senate in the field of public health, 1995 and 1996

    Directory of Open Access Journals (Sweden)

    Luiz Carlos Romero

    2000-02-01

    Full Text Available O presente estudo buscou identificar e descrever as ações dos senadores brasileiros, na área de saúde pública, no período de 1995 a 1996. Pretendeu-se também identificar a influência da profissão, região de origem e partido político sobre a atuação dos senadores. As ações foram divididas em três grupos: legislativas (proposição e apreciação de projetos de lei, pareceres e requerimentos, fiscalizadoras (requerimentos de informação ao Executivo e implementação de comissões parlamentares de inquérito e especiais e parlamentares (discursos. O levantamento dos dados foi realizado em duas bases de dados mantidas pelo Senado Federal: MATE e DISC. Dos 89 parlamentares que exerceram mandato no período do estudo, 76 se envolveram com matérias de saúde. Foram estudadas 667 ações. Predominaram os discursos (43% das ações, em sua maioria respondendo a notícias veiculadas pelos meios de comunicação. Do total de ações, 60% envolveram políticas públicas (30%, drogas (9%, regulamentação das profissões de saúde (8%, controle de doenças (7% e saúde do trabalhador (6%. A atividade fiscalizadora foi limitada (5% das ações foram requerimentos de informação. Em relação ao perfil dos senadores, predominaram os médicos, professores e jornalistas. Os parlamentares das Regiões Norte e Nordeste realizaram 62% de todas as ações e atuaram em relação a quase todos os temas. Os senadores de orientação liberal e de direita responderam por 43% de todas as ações; contudo, os de orientação socialista e trabalhista apresentaram maior participação proporcional (em termos de senadores envolvidos e de ações realizadas. É interessante notar que os senadores socialistas e trabalhistas não se envolveram com o tema "saúde do trabalhador". A predominância de discursos como ação, a proposição legislativa pontual e descontínua e, especialmente, a incipiente ação fiscalizadora, indicam a necessidade de reformular a

  14. The constitutional examination of production sharing arrangements; O exame da constitucionalidade do regime de partilha de producao

    Energy Technology Data Exchange (ETDEWEB)

    Camera, Barbara Suely Guimaraes; Albuquerque, Joao Honorato de; Ramos, Maria Olivia de Souza [Universidade Salvador (UNIFACS), BA (Brazil)

    2010-07-01

    This article aims to verify, through the 1988 Brazilian Constitution's interpretation, if the institution of the system of sharing contracts for exploration and production of oil, natural gas and other hydrocarbon fluids to areas of the pre-salt, and the declared strategies Federal Government, are in accord with the constitutional pertinence to the matter. The concern with this theme emerges from the discussion about the possibility of an ordinary law creating the system of production sharing, as intend the Proposition No. 5938/2009, in progress at National Congress. This project, in its art. 5 states that 'The economic activities which art. 4 of this law shall be regulated and supervised by the Union and may be exercised through concession, permission or contract under production sharing arrangements, by companies incorporated under Brazilian law, with headquarters and administration in the country'.Thus, the proposition intends to change a constitutional provision regards the matter. Therefore, there is debate about the validity of the law reformer. There are arguments in the sense that it validates the creation of the sharing scheme through statutory law. Moreover, there is understanding that in the face of constitutional hierarchy is unconstitutional creation of the regime through legal ordinary text . Once defined the theme object of this research, there is evidence that it will be accomplished through the systematic interpretation of the Constitution, the analysis of doctrinal comprehensive bibliography, internet's articles, published monographs and case law of the Superior Court and Supreme Court's case law. This paper is organized in three stages and begins with the study of notions of the sources of law on the Constitutional System and the Constitution's chapter of the Economic Financial Order. Its analyzes the principles and rules relating subject to the above, then, is established brief analysis of the concept of forms of contract provided in the

  15. Brazilian energy balance 2006: calendar year 2005

    International Nuclear Information System (INIS)

    2006-01-01

    This report shows the energy flows of different primary and secondary sources, from the production to the final consumption in all the sectors of the Brazilian economy, for the calendar year 2006. It is divided into nine chapters: energy analysis and aggregated data; energy supply and consumption by source 1990/2005; energy consumption by sector 1990/2005; energy import and export 1990/2005; transformation center balances 1990/2005; Brazilian energy resources and reserves 1974/2005; energy and socio-economic 1990/2005; federal states data and appendices including installed capacity; world energy data; general structure of the Brazilian Energy Balance; treatment of information; conversion units and consolidated Energy Balance 1970-2005

  16. Constitutive models in LAME.

    Energy Technology Data Exchange (ETDEWEB)

    Hammerand, Daniel Carl; Scherzinger, William Mark

    2007-09-01

    The Library of Advanced Materials for Engineering (LAME) provides a common repository for constitutive models that can be used in computational solid mechanics codes. A number of models including both hypoelastic (rate) and hyperelastic (total strain) constitutive forms have been implemented in LAME. The structure and testing of LAME is described in Scherzinger and Hammerand ([3] and [4]). The purpose of the present report is to describe the material models which have already been implemented into LAME. The descriptions are designed to give useful information to both analysts and code developers. Thus far, 33 non-ITAR/non-CRADA protected material models have been incorporated. These include everything from the simple isotropic linear elastic models to a number of elastic-plastic models for metals to models for honeycomb, foams, potting epoxies and rubber. A complete description of each model is outside the scope of the current report. Rather, the aim here is to delineate the properties, state variables, functions, and methods for each model. However, a brief description of some of the constitutive details is provided for a number of the material models. Where appropriate, the SAND reports available for each model have been cited. Many models have state variable aliases for some or all of their state variables. These alias names can be used for outputting desired quantities. The state variable aliases available for results output have been listed in this report. However, not all models use these aliases. For those models, no state variable names are listed. Nevertheless, the number of state variables employed by each model is always given. Currently, there are four possible functions for a material model. This report lists which of these four methods are employed in each material model. As far as analysts are concerned, this information is included only for the awareness purposes. The analyst can take confidence in the fact that model has been properly implemented

  17. ECHR and national constitutional courts

    Directory of Open Access Journals (Sweden)

    Nastić Maja

    2015-01-01

    Full Text Available Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the crucial role in this process. This paper will focus on the applicability of the ECHR in proceedings before national constitutional courts. Having in mind the jurisdiction of the national constitutional court, the ECHR may be applied in two ways: first, in the process of constitutional review by national constitutional courts and, second, in the process of deciding on constitutional complaints.

  18. VALUATION IN THE CONSTITUTIONAL ERA

    African Journals Online (AJOL)

    Brimer

    16 ..... stem from the pre-constitutional era, and the constitutional framework and its legitimate reform efforts. A decision on what is just ...... Carroll L Alice's Adventures in Wonderland (Digital Scanning Scituate MA. 2007). Dagan 1999 Va L Rev.

  19. Federal Holidays

    Data.gov (United States)

    Office of Personnel Management — Federal law (5 U.S.C. 6103) establishes the following public holidays for Federal employees. Please note that most Federal employees work on a Monday through Friday...

  20. O rito e os emblemas na formatura das enfermeiras brasileiras no distrito federal (1924-1925 El rito y las insignias en la graduación de las enfermeras brasileñas en la capital federal (1924-1925 The rite and emblems at the graduation of brazilian nurses in the federal district in brazil (1924-1925

    Directory of Open Access Journals (Sweden)

    Fernando Porto

    2009-06-01

    the image of schools and the nursing profession to society. The analysis of the documentary Corpus was made from the context of photographs, based on written documents. The study showed that the graduation rites were one of the ways to publish the image of the nurse at that time and the objects representations were flagship brands in the production of symbolic beliefs. Thus, it is possible to finally consider that the institutional rites and objects representations used by the Practical School of Nurses of the Brazilian Red Cross and the School of Nurses of the National Department of Public Health were strategies to proclaim the Identity of the profession in their own ways.

  1. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...

  2. The diffusion of constitutional rights

    NARCIS (Netherlands)

    Goderis, B.V.G.; Versteeg, M.

    Constitutions are commonly regarded as uniquely national products, shaped by domestic ideals and politics. This paper develops and empirically investigates a novel hypothesis, which is that constitutions are also shaped by transnational influence, or “diffusion.” Constitutional rights can diffuse

  3. Ontoteleological Constitution of Entrepreneurship

    Directory of Open Access Journals (Sweden)

    Diego Luiz Teixeira Boava

    2017-06-01

    Full Text Available Entrepreneurship is a pluri-disciplinary phenomenon, object of research in several areas of knowledge. However, studies on this theme present approaches that start to consider entrepreneurship as a field of private knowledge in the phase of epistemological construction. In this context, the aim of this investigation is to contribute to the discussions on the theme, through studies on the ontoteleological constitution of entrepreneurship, in propaedeutic character, deflagrating new approaches. Thus, there is a presentation concerning the study of entrepreneurship, which may emphasize its ontical and ontological aspects. In addition, the reason why it is complex to define entrepreneurship is investigated. Subjects regarding the philosophy of entrepreneurship are introduced, seeking to present the bases for an ontoteleological approach to the phenomenon. Such an approach assumes that the finality of the entrepreneurial act relates to the main principles and transformations required into the organization. Finally, it is concluded that man is an entrepreneurial being, the meta-entrepreneur, and his entrepreneurial actions are not determined by external factors, but rather by the condition of his potentiality.

  4. Animal rights and environmemntal rights in Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Fernando Cesar Costa Xavier

    2018-01-01

    Full Text Available The subject. The article analyzes the arguments of the Federal Supreme Court of Brazil, used in the consideration of disputes concerning animal rights, in comparison with the developments of theorists in this field.The purpose of the article is to justify the necessity of respect for the rights of animals and the “animal dignity” by the courts.The methodology includes formal-legal analysis of courts’ decisions, comparative-legal analysis and synthesis as well as formal-logical analysis of scientific researches in the field of animal rights.The main results and scope of application. It is wrong to claim that the Brazilian Supreme Court decision in “Vaquejada” case (or even in “Farra do Boi” or cockfights cases would be an increase in the process of a supposed recognition of animal rights in the Brazilian constitutional jurisdiction. In such cases, most of the Judges who participated in the trial pondered and reinforced the prevalence of environmental law, including it wildlife protection (and non-submission of the animals to cruelty, pursuant to Art. 225, § 1, VII, of the Brazilian Constitution. In this way, it would have been disregarded the categorical difference between environmental law and animal rights. The Constitution itself encourages confusion between those categories when dealing with the prohibition of animal cruelty in a chapter on the environment (chap. VI. This article argues that the focus on the statement of environmental law, the Supreme Court allows them to be strengthened arguments considered as obstacles to the defenders of animal rights, particularly the anthropocentric argument that the balanced environment is important to make possible to human beings more quality of life. Analyzing the decisions, especially in of Vaquejada and Farra do Boi cases, it appears that points many important analyzed in the theoretical debate about animal rights, such as the notions of “animal dignity” and “flourishing life

  5. Implementation of the Brazilian national repository

    International Nuclear Information System (INIS)

    Tello, Cledola Cassia Oliveira de

    2013-01-01

    Ionizing radiation in Brazil is used in electricity generation, medicine, industry, agriculture and for research and development purposes. All these activities can generate radioactive waste. At this point, in Brazil, the use of nuclear energy and radioisotopes justifies the construction of a national repository for radioactive wastes of low and intermediate-level. According to Federal Law No. 10308, Brazilian National Commission for Nuclear Energy (CNEN) is responsible for designing and constructing the intermediate and final storages for radioactive wastes. Additionally, a restriction on the construction of Angra 3 is that the repository is under construction until its operation start, attaining some requirements of the Brazilian Environmental Regulator (IBAMA). The RBMN Project (Repository for Low and Intermediate-Level Radioactive Wastes) aims at the implantation of a National Repository for disposal of low and intermediate-level of radiation wastes. This Project has some aspects that are unique in the Brazilian context, especially referring to the time between its construction and the end of its institutional period. This time is about 360 years, when the area will be released for unrestricted uses. It means that the Repository must be safe and secure for more than three hundred years, which is longer than half of the whole of Brazilian history. This aspect is very new for the Brazilian people, bringing a new dimension to public acceptance. Another point is this will be the first repository in South America, bringing a real challenge for the continent. The current status of the Project is summarized. (author)

  6. Brazilian minerals annual report

    International Nuclear Information System (INIS)

    1977-01-01

    Statistics of Brazilian mineral resources and production in 1977 are presented. Data included refer also to economic aspects, market, taxes, government incentives, manpower, exportation, importation, etc [pt

  7. Constitution, 1989. [Selected provisions].

    Science.gov (United States)

    1989-01-01

    Chapter XII of the Hungarian Constitution, 1989, details the Fundamental Rights and Duties of Citizens. Everyone lawfully within the territory of Hungary has the right to liberty of movement and the freedom to choose his or her residence, except when restricted by law, including the right to leave his or her residence or county. The Republic of Hungary grants asylum to foreign citizens who were persecuted for racial, religious ethnic, linguistic, or political reasons. Men and women shall equally enjoy all civil, political, economic, social and political rights. Mothers are entitled to special care and protection before and after childbirth; women and juveniles are protected at work by special regulations. Every child has the right to special care an assistance from his or her family, the State, and society, for appropriate physical, spiritual, and moral development. Parents shall decide the kind of education their children receive. Hungary grants equal rights to all person within its territories, without regard to race, color, sex, language, religion, political, or other opinion, national, and social origin, property, birth and other status. Prejudicial discrimination shall be severely punished. Everyone has the right to work, to the free choice of employment and profession and to equal pay for equal work. Citizens have the right to social security, including social services necessary in old age, sickness, disability, widowhood, orphanhood an unemployment through no fault of their own. Hungary guarantees the right to culture for its citizens and realized this right by free and compulsory elementary education, by secondary and higher education which is accessible to all on the basis of capacity, and by the financial support of those receiving an education.

  8. Competitiveness in the Brazilian oil industry. The Brazilian 'oil diamond'

    International Nuclear Information System (INIS)

    Zamith, R.; Moutinho Dos Santos, E.

    2000-01-01

    It is recognized the economic benefits that might follow the opening process of the Brazilian oil and natural gas industry, which shall experience a fast expansion with the arrival of national and international private investors. However, we should not neglect the broader impact of this process on the future development of all that cluster of national agents that lived around and served the former national oil monopoly, managed by the Brazilian National Oil Company, Petrobras. This work focuses on this larger perspective, discussing about the capacity of Brazil to sustain and expand its competitiveness in the oil business as well as to obtain the maximum economic development from the exploration of its oil and gas reserves. We adopt the work of Michael Porter, from the University of Harvard, about the Competitive Advantage of Nations, as a theoretical model to analyze the Competitive Advantage of Brazil in the global oil industry. By introducing the concept of ''oil diamond'', adapted from the notion introduced by this author, we develop a new understanding of national competitiveness in the oil sector. In this paper, we present the general model as well as a brief characterization of the results found for Brazil Subsequently, we focus on just one leg of the model, for which we discuss, with more detail, about the competitive condition of the country in the opening-up scenario. This leg regards the so-called supporting and supplementary industries that constitute what is denominated in the French tradition the ''para petroleum'' industry. We analyze the conditions for the Brazilian domestic ''para petroleum industry'' to survive and grow in the new competitive environment. (authors)

  9. Brazilian multipurpose reactor

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2014-07-01

    The Brazilian Multipurpose Reactor (RMB) Project is an action of the Federal Government, through the Ministry of Science Technology and Innovation (MCTI) and has its execution under the responsibility of the Brazilian National Nuclear Energy Commission (CNEN). Within the CNEN, the project is coordinated by the Research and Development Directorate (DPD) and developed through research units of this board: Institute of Nuclear Energy Research (IPEN); Nuclear Engineering Institute (IEN); Centre for Development of Nuclear Technology (CDTN); Regional Center of Nuclear Sciences (CRCN-NE); and Institute of Radiation Protection and Dosimetry (IRD). The Navy Technological Center in Sao Paulo (CTMSP) and also the participation of other research centers, universities, laboratories and companies in the nuclear sector are important and strategic partnerships. The conceptual design and the safety analysis of the reactor and main facilities, related to nuclear and environmental licensing, are performed by technicians of the research units of DPD / CNEN. The basic design was contracted to engineering companies as INTERTHECNE from Brazil and INVAP from Argentine. The research units from DPD/CNEN are also responsible for the design verification on all engineering documents developed by the contracted companies. The construction and installation should be performed by specific national companies and international partnerships. The Nuclear Reactor RMB will be a open pool type reactor with maximum power of 30 MW and have the OPAL nuclear reactor of 20 MW, built in Australia and designed by INVAP, as reference. The RMB reactor core will have a 5x5 configuration, consisting of 23 elements fuels (EC) of U{sub 3}Si{sub 2} dispersion-type Al having a density of up to 3.5 gU/cm{sup 3} and enrichment of 19.75% by weight of {sup 23{sup 5}}U. Two positions will be available in the core for materials irradiation devices. The main objectives of the RMB Reactor and the other nuclear and radioactive

  10. Brazilian multipurpose reactor

    International Nuclear Information System (INIS)

    2014-01-01

    The Brazilian Multipurpose Reactor (RMB) Project is an action of the Federal Government, through the Ministry of Science Technology and Innovation (MCTI) and has its execution under the responsibility of the Brazilian National Nuclear Energy Commission (CNEN). Within the CNEN, the project is coordinated by the Research and Development Directorate (DPD) and developed through research units of this board: Institute of Nuclear Energy Research (IPEN); Nuclear Engineering Institute (IEN); Centre for Development of Nuclear Technology (CDTN); Regional Center of Nuclear Sciences (CRCN-NE); and Institute of Radiation Protection and Dosimetry (IRD). The Navy Technological Center in Sao Paulo (CTMSP) and also the participation of other research centers, universities, laboratories and companies in the nuclear sector are important and strategic partnerships. The conceptual design and the safety analysis of the reactor and main facilities, related to nuclear and environmental licensing, are performed by technicians of the research units of DPD / CNEN. The basic design was contracted to engineering companies as INTERTHECNE from Brazil and INVAP from Argentine. The research units from DPD/CNEN are also responsible for the design verification on all engineering documents developed by the contracted companies. The construction and installation should be performed by specific national companies and international partnerships. The Nuclear Reactor RMB will be a open pool type reactor with maximum power of 30 MW and have the OPAL nuclear reactor of 20 MW, built in Australia and designed by INVAP, as reference. The RMB reactor core will have a 5x5 configuration, consisting of 23 elements fuels (EC) of U 3 Si 2 dispersion-type Al having a density of up to 3.5 gU/cm 3 and enrichment of 19.75% by weight of 23 5 U. Two positions will be available in the core for materials irradiation devices. The main objectives of the RMB Reactor and the other nuclear and radioactive facilities are

  11. Constitutional judges (guarantee of the Constitution and responsibility

    Directory of Open Access Journals (Sweden)

    Francisco Javier Ansuátegui Roig

    2012-06-01

    Full Text Available My aim in this paper is to propose a reflection on the position and the importance that the constitutional judge has in the legal systems of contemporary constitutionalism. The figure of the judge responsible of protecting the Constitution is a key institution, without which we cannot understand the laws of constitutional democracies, their current lines of development, and the guarantee of rights and freedoms that constitute the normative core of these systems. Moreover, the reflection on the exercise of the powers of the judge, its scope and its justification is an important part of contemporary legal discussion, still relevant, albeit not exclusively - in the field of legal philosophy. The object of attention of my reflection is the judge who has the power of judicial review, in a scheme of defense of the Constitution, regardless the specific ways of this defense.

  12. 77 FR 56835 - Constitution Pipeline Company, LLC; Notice of Intent To Prepare an Environmental Impact Statement...

    Science.gov (United States)

    2012-09-14

    ... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF12-9-000] Constitution Pipeline Company, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Planned Constitution Pipeline Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings The staff of the Federal Energy...

  13. Essential Medicines in National Constitutions

    Science.gov (United States)

    Toebes, Brigit; Hogerzeil, Hans

    2016-01-01

    Abstract A constitutional guarantee of access to essential medicines has been identified as an important indicator of government commitment to the progressive realization of the right to the highest attainable standard of health. The objective of this study was to evaluate provisions on access to essential medicines in national constitutions, to identify comprehensive examples of constitutional text on medicines that can be used as a model for other countries, and to evaluate the evolution of constitutional medicines-related rights since 2008. Relevant articles were selected from an inventory of constitutional texts from WHO member states. References to states’ legal obligations under international human rights law were evaluated. Twenty-two constitutions worldwide now oblige governments to protect and/or to fulfill accessibility of, availability of, and/or quality of medicines. Since 2008, state responsibilities to fulfill access to essential medicines have expanded in five constitutions, been maintained in four constitutions, and have regressed in one constitution. Government commitments to essential medicines are an important foundation of health system equity and are included increasingly in state constitutions. PMID:27781006

  14. Constitutional aneuploidy and cancer predisposition.

    Science.gov (United States)

    Ganmore, Ithamar; Smooha, Gil; Izraeli, Shai

    2009-04-15

    Constitutional aneuploidies are rare syndromes associated with multiple developmental abnormalities and the alterations in the risk for specific cancers. Acquired somatic chromosomal aneuploidies are the most common genetic aberrations in sporadic cancers. Thus studies of these rare constitutional aneuploidy syndromes are important not only for patient counseling and clinical management, but also for deciphering the mechanisms by which chromosomal aneuploidy affect cancer initiation and progression. Here we review the major constitutional aneuploidy syndromes and suggest some general mechanisms for the associated cancer predisposition.

  15. Economic Reforms and Constitutional Transition

    OpenAIRE

    Jeffrey D. Sachs; Wing Thye Woo; Xiaokai Yang

    2000-01-01

    This paper investigates the relationship between economic reforms and constitutional transition, which has been neglected by many transition economists. It is argued that assessment of reform performance might be very misleading if it is not recognized that economic reforms are just a small part of large scale of constitutional transition. Rivalry and competition between states and between political forces within each country are the driving forces for constitutional transition. We use Russia...

  16. ECHR and national constitutional courts

    OpenAIRE

    Nastić, Maja

    2015-01-01

    Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR) encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the cruc...

  17. Teaching about Federalism in the United States. ERIC Digest.

    Science.gov (United States)

    Drake, Frederick D.; Nelson, Lynn R.

    Although it was not directly named in the U.S. Constitution, federalism is a central principle of U.S. government. It is important for students to learn about federalism to comprehend the U.S. federal system and recognize examples of federalism in other countries. Teaching and learning about federalism is essential to education for citizenship in…

  18. Constitutional Issues--Watergate and the Constitution. Teaching with Documents.

    Science.gov (United States)

    National Archives and Records Administration, Washington, DC.

    When U.S. President Richard Nixon resigned in 1974 in the wake of the Watergate scandal, it was only the second time that impeachment of a president had been considered. Although the U.S. Constitution has provisions for a person removed from office to be indicted, there are no guidelines in the Constitution about a President who has resigned. The…

  19. National constitutional courts in the European Constitutional Democracy

    DEFF Research Database (Denmark)

    Komárek, Jan

    2014-01-01

    This article critically assesses the transformation of national constitutional courts’ place in the law and politics of the EU and its member states. This process eliminates the difference between constitutional and ordinary national courts, which is crucial for the institutional implementation...... of the discourse theory of law and democracy. It also disrupts the symbiotic relationship between national constitutional democracies established after World War II and European integration. The article argues that maintaining the special place of national constitutional courts is in the vital interest of both...... the EU and its member states, understood together as the European Constitutional Democracy—the central notion developed in this article in order to support an argument that should speak to both EU lawyers and national constitutionalists....

  20. The Brazilian Experience with Agroecological Extension: A Critical Analysis of Reform in a Pluralistic Extension System

    Science.gov (United States)

    Diesel, Vivien; Miná Dias, Marcelo

    2016-01-01

    Purpose: To analyze the Brazilian experience in designing and implementing a recent extension policy reform based on agroecology, and reflect on its wider theoretical implications for extension reform literature. Design/methodology/approach: Using a critical public analysis we characterize the evolution of Brazilian federal extension policy…

  1. Agreement of 13 December 1991 between the Republic of Argentina, the Federative Republic of Brazil, the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials and the International Atomic Energy Agency for the applications of safeguards

    International Nuclear Information System (INIS)

    1998-01-01

    The document reproduces the text of an Agreement by exchange of letters with the Federative Republic of Brazil in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean. The agreement reflected in the Exchange of Letters was approved by the Board of Governors on 10 June 1997 and entered into force on that date

  2. From Gabriela to Juma: Female Erotic Images on Brazilian Soap Operas

    Directory of Open Access Journals (Sweden)

    Luciana Rosar Fornazari Klanovicz

    2010-01-01

    Full Text Available This paper aims at discussing some images constituted as erotic on Brazilian television. The Brazilian soap operas Gabriela (Rede Globo, 1975, and Pantanal (Rede Manchete, 1990, and their main characters, Gabriela and Juma, will be analyzed in detail. The Veja Magazine had a most influent part in constituting such “erotic” subjects through the divulging and commenting of positive, seductive attributes on the bodies of the eroticized actresses. Gabriela and Juma are important characters because they support the stereotypes of a Brazilian sensuality and the strong mundane aspects, such as sex-appeal and dark bodies. The text explores the Brazilian television production (soap operas in order to map the images which have contributed to build the subjectively Brazilian eroticism.

  3. Brazilian sandy beaches: characteristics, ecosystem services, impacts, knowledge and priorities

    Directory of Open Access Journals (Sweden)

    Antonia Cecília Zacagnini Amaral

    Full Text Available ABSTRACT Sandy beaches constitute a key ecosystem and provide socioeconomic goods and services, thereby playing an important role in the maintenance of human populations and in biodiversity conservation. Despite the ecological and social importance of these ecosytems, Brazilian sandy beaches are significantly impacted by human interference, chemical and organic pollution and tourism, as well as global climate change. These factors drive the need to better understand the environmental change and its consequences for biota. To promote the implementation of integrated studies to detect the effects of regional and global environmental change on beaches and on other benthic habitats of the Brazilian coast, Brazilian marine researchers have established The Coastal Benthic Habitats Monitoring Network (ReBentos. In order to provide input for sample planning by ReBentos, we have conducted an intensive review of the studies conducted on Brazilian beaches and summarized the current knowledge about this environment. In this paper, we present the results of this review and describe the physical, biological and socioeconomics features of Brazilian beaches. We have used these results, our personal experience and worldwide literature to identify research projects that should be prioritized in the assessment of regional and global change on Brazilian sandy beaches. We trust that this paper will provide insights for future studies and represent a significant step towards the conservation of Brazilian beaches and their biodiversity.

  4. Assessment of the relationship of government spending on social assistance programs with Brazilian macroeconomic variables

    Science.gov (United States)

    de Senna, Viviane; Souza, Adriano Mendonça

    2016-11-01

    Since the 1988 Federal Constitution social assistance has become a duty of the State and a right to everyone, guaranteeing the population a dignified life. To ensure these rights federal government has created programs that can supply the main needs of people in extreme poverty. Among the programs that provide social assistance to the population, the best known are the ;Bolsa Família; Program - PBF and the Continuous Cash Benefit - Continuous Cash Benefit - BPC. This research's main purpose is to analyze the relationship between the main macroeconomic variables and the Federal government spending on social welfare policy in the period from January 2004 to August 2014. The used methodologies are the Vector auto regression model - VAR and Error Correction Vector - VEC. The conclusion, was that there is a meaningful relationship between macroeconomic variables and social assistance programs. This indicates that if the government takes a more abrupt resolution in changing the existing programs it will result in fluctuations in the main macroeconomic variables interfering with the stability of Brazilian domestic economy up to twelve months.

  5. The European Constitution: sovereignty, legitimacy and constituent power

    Directory of Open Access Journals (Sweden)

    Signe Larsen

    2014-06-01

    Full Text Available On the basis of Hannah Arendt’s and Carl Schmitt’s writings on the constituent power, this article sets out to develop an interpretative framework which would aid the understanding of the legitimation crisis of European integration initiated by the EU constitutional failure of 2004. The question raised in this essay is whether the successful establishment of democratic constitutional legitimacy is conditional upon the existence of a federal state. From the perspective of the constituent power, two opposing answers are given based on two rivalling notions of the ultimate meaning of constitutional politics: freedom and security. The article concludes that even though the EU as a case remains undecided, it seems likely that democracy and constitutional politics have parted ways in the EU both in the Arendtian and in the Schmittian sense. If that is the case, the constitutional crisis is a serious problem for the future of democracy in the EU.

  6. Constitutive Effects of Performance Indicators

    DEFF Research Database (Denmark)

    Dahler-Larsen, Peter

    2014-01-01

    that are demonstrably problematic. Based on a distinction between trivial and advanced measure fixation, an argument is made for constitutive effects that are based on less problematic assumptions. Through this conceptual move, the political dimension of performance indicators is appreciated. The conceptual dimensions...... of constitutive effects are carved out, empirical illustrations of their applicability are offered and implications discussed....

  7. Nuclear energy as reflected in Constitutional Law

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1981-01-01

    The author analyses the Federal Constitutional Court's decision on the Kalkar and Muehlheim-Kaerlich reactors with regard to its content relating to the Atomic Energy Law. He examines the Atomic Energy Law within the system in which power is shared: The legal provisio of the Atomic Energy Law, the application of undetermined legal terms, the involvement of extra-legislative bodies, the statements made on residual risks. He discusses the statutory obligation of the legislator to protect, and the protection of basic rights by means of participation in procedures, the effecting of basic rights protection by means of participation in procedures, the translation into action of basic rights protection by means of participation in procedures and the interpretation of the elementary (simple) Atomic Law by the Federal Constitutional Court with regard to the interpreation and application of the Atomic Energy Law in conformity with the Basic Law. Finally, he gives his opinion on the practical consequences the decision will have, and on its binding effects for current and future licensing procedures. (HSCH) [de

  8. Understanding Federalism.

    Science.gov (United States)

    Hickok, Eugene W., Jr.

    1990-01-01

    Urges returning to the original federalist debates to understand contemporary federalism. Reviews "The Federalist Papers," how federalism has evolved, and the centralization of the national government through acts of Congress and Supreme Court decisions. Recommends teaching about federalism as part of teaching about U.S. government…

  9. Agreement of 13 December 1991 between the Republic of Argentina, the Federative Republic of Brazil, the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials and the International Atomic Energy Agency for the application of safeguards

    International Nuclear Information System (INIS)

    2000-01-01

    The document reproduces the text of the Exchange of Letters concerning an agreement with the Federative Republic of Brazil in connection with the Treaty on the Non-Proliferation of Nuclear Weapons and the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean. The agreement reflected in the Exchange of Letters was approved by the Board of Governors on 20 September 1999, and entered into force on that date

  10. Constitutional developments in Latin American abortion law.

    Science.gov (United States)

    Bergallo, Paola; Ramón Michel, Agustina

    2016-11-01

    For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries' high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less restrictive laws. In doing so, they have articulated limits to protection of fetal interests, and basic ideas of women's dignity, autonomy, and equality. The process of constitutionalization has only just begun. Constitutional judgments are not the last word, but they are important contributions in reinforcing the legality of abortion. Copyright © 2016 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  11. Regionalização e dinâmica política do federalismo sanitário brasileiro Regionalización y dinámica política del federalismo sanitario brasileño Regionalization and political dynamics of Brazilian health federalism

    Directory of Open Access Journals (Sweden)

    Daniel de Araujo Dourado

    2011-02-01

    Intergestoras, para efectivar la construcción política consensual en la regionalización de la salud.The implications from the Brazilian federal structure on the regionalization of health actions and services in the National Unified Health System (SUS were analyzed, considering that the regional health planning in Brazil takes place within the context of intergovernmental relations as an expression of cooperative federalism in health. The analysis was based on a historical approach to Brazilian health federalism, recognizing two development periods, decentralization and regionalization. Regional health planning of SUS was explored in light of the theoretical framework of federalism. It is concluded that relative centralization of the process is needed in intergovernmental committees to actualize federal coordination and that it is essential to consider formalizing opportunities for dissent, both in regional management boards and in the intergovernmental committees, so that the consensus decision-making can be accomplished in healthcare regionalization.

  12. Radioactive waste disposal and constitution

    International Nuclear Information System (INIS)

    Stober, R.

    1983-01-01

    The radioactive waste disposal has many dimensions with regard to the constitutional law. The central problem is the corret delimitation between adequate governmental precautions against risks and or the permitted risk which the state can impose on the citizen, and the illegal danger which nobody has to accept. The solution requires to consider all aspects which are relevant to the constitutional law. Therefore, the following analysis deals not only with the constitutional risks and the risks of the nuclear energy, but also with the liberal, overall-economic, social, legal, and democratic aspects of radioactive waste disposal. (HSCH) [de

  13. Constitutional aneuploidy and cancer predisposition†

    Science.gov (United States)

    Ganmore, Ithamar; Smooha, Gil; Izraeli, Shai

    2009-01-01

    Constitutional aneuploidies are rare syndromes associated with multiple developmental abnormalities and the alterations in the risk for specific cancers. Acquired somatic chromosomal aneuploidies are the most common genetic aberrations in sporadic cancers. Thus studies of these rare constitutional aneuploidy syndromes are important not only for patient counseling and clinical management, but also for deciphering the mechanisms by which chromosomal aneuploidy affect cancer initiation and progression. Here we review the major constitutional aneuploidy syndromes and suggest some general mechanisms for the associated cancer predisposition. PMID:19297405

  14. Brazilian uranium exploration program

    International Nuclear Information System (INIS)

    Marques, J.P.M.

    1981-01-01

    General information on Brazilian Uranium Exploration Program, are presented. The mineralization processes of uranium depoits are described and the economic power of Brazil uranium reserves is evaluated. (M.C.K.) [pt

  15. Brazilian Consensus on Photoprotection

    Science.gov (United States)

    Schalka, Sérgio; Steiner, Denise; Ravelli, Flávia Naranjo; Steiner, Tatiana; Terena, Aripuanã Cobério; Marçon, Carolina Reato; Ayres, Eloisa Leis; Addor, Flávia Alvim Sant'anna; Miot, Helio Amante; Ponzio, Humberto; Duarte, Ida; Neffá, Jane; da Cunha, José Antônio Jabur; Boza, Juliana Catucci; Samorano, Luciana de Paula; Corrêa, Marcelo de Paula; Maia, Marcus; Nasser, Nilton; Leite, Olga Maria Rodrigues Ribeiro; Lopes, Otávio Sergio; Oliveira, Pedro Dantas; Meyer, Renata Leal Bregunci; Cestari, Tânia; dos Reis, Vitor Manoel Silva; Rego, Vitória Regina Pedreira de Almeida

    2014-01-01

    Brazil is a country of continental dimensions with a large heterogeneity of climates and massive mixing of the population. Almost the entire national territory is located between the Equator and the Tropic of Capricorn, and the Earth axial tilt to the south certainly makes Brazil one of the countries of the world with greater extent of land in proximity to the sun. The Brazilian coastline, where most of its population lives, is more than 8,500 km long. Due to geographic characteristics and cultural trends, Brazilians are among the peoples with the highest annual exposure to the sun. Epidemiological data show a continuing increase in the incidence of non-melanoma and melanoma skin cancers. Photoprotection can be understood as a set of measures aimed at reducing sun exposure and at preventing the development of acute and chronic actinic damage. Due to the peculiarities of Brazilian territory and culture, it would not be advisable to replicate the concepts of photoprotection from other developed countries, places with completely different climates and populations. Thus the Brazilian Society of Dermatology has developed the Brazilian Consensus on Photoprotection, the first official document on photoprotection developed in Brazil for Brazilians, with recommendations on matters involving photoprotection. PMID:25761256

  16. Constitutive Modelling in Geomechanics Introduction

    CERN Document Server

    Puzrin, Alexander M

    2012-01-01

    The purpose of this book is to bridge the gap between the traditional Geomechanics and Numerical Geotechnical Modelling with applications in science and practice. Geomechanics is rarely taught within the rigorous context of Continuum Mechanics and Thermodynamics, while when it comes to Numerical Modelling, commercially available finite elements or finite differences software utilize constitutive relationships within the rigorous framework. As a result, young scientists and engineers have to learn the challenging subject of constitutive modelling from a program manual and often end up with using unrealistic models which violate the Laws of Thermodynamics.  The book is introductory, by no means does it claim any completeness and state of the art in such a dynamically developing field as numerical and constitutive modelling of soils. The author gives basic understanding of conventional continuum mechanics approaches to constitutive modelling, which can serve as a foundation for exploring more advanced theories....

  17. The Constitution's Prescription for Freedom.

    Science.gov (United States)

    Peach, Lucinda

    1986-01-01

    Examines how the framers of the Constitution came to choose our system of government, how that system was designed to function, and how the separation of powers has served to maintain our democracy despite attempts to violate it. (JDH)

  18. Jonathan's Constitutional Conference in Nigeria

    African Journals Online (AJOL)

    ian

    2013-10-01

    Oct 1, 2013 ... Adeniyi S. Basiru is an independent researcher and a PhD candidate ... constitution-making are fundamentally the exclusive reserve of the elites, ..... agenda must be situated against the background of events that heralded his.

  19. A survey on constitutional justice

    Directory of Open Access Journals (Sweden)

    Kheirollah Parvin

    2015-05-01

    Full Text Available The idea of supervising the conformity of statutory law with constitutional law, is due to necessities rooted in two essential principles: the supremacy of constitution and the hierarchy of the law. Constitution as the supreme law in the sense of status and legal value , is placed at the top of the legal pyramid of every political system and therefore requires a special organization and discipline that will act as the sanction of the principles and the main content incorporated in this legal instrument. this special organization and discipline known as Constitutional justice in legal Literature now and have studing in two main patterns. Firs pattern based on Supervision of courts on rules and other pattern is Apply by Emphasis on role of Political Institutions in Supervision on rules. This two patterns have common purpose but have different backgrounds and methods.

  20. THE EMERGING INTERNATIONAL CONSTITUTIONAL ORDER ...

    African Journals Online (AJOL)

    Dr Tanya du Plessis

    CFI) affirmed ... primarily include the value system of the international legal order, meaning norms of ... the existence of such a traditional constitutional demos. Europe's ..... between the African Development Bank (BAD) and one of its employees,.

  1. Constitutional Verbosity and Social Trust

    DEFF Research Database (Denmark)

    Bjørnskov, Christian; Voigt, Stefan

    2014-01-01

    A common argument in the trust literature is that high-trust cultures allow efficient commercial contracts to be shorter, covering fewer contingencies. We take this idea to the topic of social contracts. Specifically, we ask whether social trust affects the length and detail of constitutions. Cross......-country estimates suggest that national trust levels are indeed robustly and negatively associated with the length of countries’ constitutions....

  2. Constitutional orders in multinational firms

    DEFF Research Database (Denmark)

    Hull Kristensen, Peer; Morgan, Glenn

    Multinationals are faced with the problem of how to coordinate different actors and stop `fiefdoms' emerging that inhibits the achievement of transnational cooperation? We identify this as a problem of `constitutional ordering' in the firm. Drawing on Varieties of Capitalism approaches, we explore...... how multinationals from different contexts seek to create constitutional orders. We argue that the models which exist appear to be destructive of coordination. We explore the implications for MNCs....

  3. Lodging of a constitutional complaint. Reason: 'Permitted risk philosophy'

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    The complainants lodged a constitutional complaint 'against the Federal German Bundestag, for remaining inactive in matters of the licensing and operation of nuclear installations', and filed a petition for a temporary order. The Federal Constitutional Court dismissed the petition and inflicted a fee of 500 DM to be paid by each complainant. From the headnotes: The petition is inadmissible. It is left open whether the underlying constitutional complaint is inadmissible, or unjustified. The petition is dismissed because the complainants can seek relief by resorting to the general courts of law. They can appeal to the administrative courts in matters covered by section 7 Atomic Energy Act, and may there state their opposition against the 'permissible risk philosophy'. (orig./HSCH) [de

  4. Right Product, Wrong Packaging: Not 'Constitution', but 'Constitutional Charter'

    Directory of Open Access Journals (Sweden)

    John Law

    2007-05-01

    Full Text Available The article seeks to locate the principal cause of Europe’s prevailing ratification crisis in the inappropriate title arrived at in the European Convention, Treaty Establishing a Constitution for Europe. This over-ambitious styling led the media to characterise the text as simply an ‘EU Constitution’. Yet, the text was not a Constitution as we traditionally understand the term, i.e. the founding document of a State: scholars are agreed that the EU is not, and will not become upon ratification, a State.In terms of substance, whilst the text certainly strengthened some emerging constitutional aspects, it was not a major departure from the status quo like the Single European Act and Treaty on European Union had been; and it remained technically a treaty like all its predecessors. Arguably, therefore, it did not require referenda to ratify. However, confusion over the scale and importance of what was proposed, stemming from ambiguity in the title, pushed politicians down this unfortunate path.The article identifies a high level of consensus among commentators as to the true nature of the text: most are happy designating it a treaty (noun with constitutional (adjective aspects. The early proposed title Constitutional Treaty for Europe was arguably, therefore, the correct one; but it is now too late to choose this option, as the terms Constitution and Constitutional Treaty have already been muddled in debate. A more distinctive change is required. One idea could be to follow the principle employed elsewhere in the text of codifying the generally accepted but presently unwritten legal concepts of the European Court of Justice, as was done for example for ‘primacy’ and ‘direct effect’. The Court has characterised the EU treaties as a ‘constitutional charter’ for over twenty years now, and on this basis a modified title could read Treaty Establishing a Constitutional Charter for Europe. Importantly, the term ‘charter’ is recognised

  5. Is it possible to protect constitutional rights through simple procedural law

    International Nuclear Information System (INIS)

    Dolde, K.P.

    1982-01-01

    In the administration of justice and in legal literature of the Federal Republic of Germany increasingly more emphasis has been placed on the significance of procedural rights for the realization of basic civil rights, as they were defined in the constitution. Especially in the decision concerning the nuclear power plant at Muehlheim-Kaerlich, the Federal Constitutional Court has stressed the protection of constitutional rights by hearing the case in conjunction with the question of licensing of large industrial plants. Relevant to the protection of basic civil and constitutional rights are, according to the court, not only those regulations as prescribed by the constitution, but also those which, according to the will of the legislature, principally guarantee a constitutional right. The protection of basic rights is thus also guaranteed by civil rights, and not only through the constitution. In the opinion of the author, this will cause serious repercussions which should make corrections of this type of administration of justice necessary. (WBI) [de

  6. The Teaching of Afro-Brazilian and Indigenous Culture and History in Brazilian Basic Education in the 21st Century

    Science.gov (United States)

    Guimarães, Selva

    2015-01-01

    This paper approaches the public policies for teaching Afro-Brazilian and indigenous history and culture in Brazil in the 21st century. It is part of a broader study about the implementation and impacts of Federal Laws 10.639/2009 and 11.645/2008, which made the study of these topics mandatory across the national territory. Our methodology…

  7. 76 FR 55849 - Federal Acquisition Regulation; Constitutionality of Federal Contracting Programs for Minority...

    Science.gov (United States)

    2011-09-09

    ... benefits (including potential economic, environmental, public health and safety effects, distributive... addresses shown below on or before November 8, 2011 to be considered in the formation of the final rule... Circuit decided in its favor (Rothe Dev. Corp. v. DoD, 545 F.3d 1023 (Fed. Cir. November 4, 2008)). The U...

  8. Federal Investment

    Science.gov (United States)

    Campbell, Sheila; Tawil, Natalie

    2013-01-01

    The federal government pays for a wide range of goods and services that are expected to be useful some years in the future. Those purchases, called investment, fall into three categories: physical capital, research and development (R&D), and education and training. There are several economic rationales for federal investment. It can provide…

  9. The Spanish Constitution, the Constitutional Court and the Catalan Referendum

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2015-01-01

    and politeia that Aristotle defined now clashes between two powerful symbolic and romantic phenomena. In the Spanish-Catalan binomial scenario, there are some elements that need to be analysed to obtain a complete picture of the constitutional possibilities to of accommodating a Catalan self...

  10. Time and constitution of sense

    Directory of Open Access Journals (Sweden)

    Pedro Gerardo Acosta

    2014-06-01

    Full Text Available This article proposes a reflection over our time-consciousness under the Phenomenology of Edmund Husserl. The idea is make a release the key role of the sense constitution like the fundament and development of the ongoing intentionality, a shape that make the possibility to catch sight of the sense of every life situation like conscience experience that displays itself over the time, and open the world of the Phenomenon World, constituted in the flux and flow of our live experience. The immanent time in which the things served in a lived-present inevitably displays to its own immediate-past of retentions, then of commemorations, constituting and enabling, not just the sense of ever present, but the sense of our own past like memory and our future like expectative. This reflection is based and supporter over the text “Phenomenology Lesson of the Internal Time-Consiusness” (Husserl, 2002.

  11. A Communicatively Constituted Online Crisis

    DEFF Research Database (Denmark)

    Valentini, Chiara; Romenti, Stefania; Kruckeberg, Dean

    2017-01-01

    into specific public crisis perceptions. Drawing from a communicative constitution perspective, the authors argue that if crises are perceptions or experiences of difficult situations that exceed a person’s current resources and coping mechanisms, and if perceptions and experiences in social media are typically...... by offering suggestions on how to study online critical conversations through the lens of a communicative constitution perspective that could inform how critical issues eventually transform and become crises and how crisis perceptions evolve and are discursively shaped by communicative practices occurring...

  12. Constitutional and acquired autosomal aneuploidy.

    Science.gov (United States)

    Jackson-Cook, Colleen

    2011-12-01

    Chromosomal imbalances can result from numerical or structural anomalies. Numerical chromosomal abnormalities are often referred to as aneuploid conditions. This article focuses on the occurrence of constitutional and acquired autosomal aneuploidy in humans. Topics covered include frequency, mosaicism, phenotypic findings, and etiology. The article concludes with a consideration of anticipated advances that might allow for the development of screening tests and/or lead to improvements in our understanding and management of the role that aneuploidy plays in the aging process and acquisition of age-related and constitutional conditions.

  13. The brazilian indigenous planetary-observatory

    Science.gov (United States)

    Afonso, G. B.

    2003-08-01

    We have performed observations of the sky alongside with the Indians of all Brazilian regions that made it possible localize many indigenous constellations. Some of these constellations are the same as the other South American Indians and Australian aborigines constellations. The scientific community does not have much of this information, which may be lost in one or two generations. In this work, we present a planetary-observatory that we have made in the Park of Science Newton Freire-Maia of Paraná State, in order to popularize the astronomical knowledge of the Brazilian Indians. The planetary consists, essentially, of a sphere of six meters in diameter and a projection cylinder of indigenous constellations. In this planetary we can identify a lot of constellations that we have gotten from the Brazilian Indians; for instance, the four seasonal constellations: the Tapir (spring), the Old Man (summer), the Deer (autumn) and the Rhea (winter). A two-meter height wooden staff that is posted vertically on the horizontal ground similar to a Gnomon and stones aligned with the cardinal points and the soltices directions constitutes the observatory. A stone circle of ten meters in diameter surrounds the staff and the aligned stones. During the day we observe the Sun apparent motions and at night the indigenous constellations. Due to the great community interest in our work, we are designing an itinerant indigenous planetary-observatory to be used in other cities mainly by indigenous and primary schools teachers.

  14. Estado Federal e Descentralização: uma visão crítica do federalismo brasileiro

    Directory of Open Access Journals (Sweden)

    Ana Claudia Saldanha

    2009-12-01

    Full Text Available A federação é uma das espécies de Estadocomposto. Uma das principais características dofederalismo é a descentralização política em quecada ente da federação detém competências própriase encontra seu fundamento na constituição federal.O Brasil apresenta uma história de centralizaçãopolítica e administrativa, mas a partir da proclamaçãoda República o país conheceu o federalismodescentralizado. A Constituição brasileira de 1988evidencia uma estrutura baseada na pluralidade ediversidade, preservando o equilíbrio das unidadesfederadas. Entretanto, na prática, o que presenciamosé uma falsa federação que tem nas desigualdadessociais e regionais seus aspectos mais relevantes.É necessário corrigir o modo errôneo com que ofederalismo penetrou em nosso solo e desta formaalcançar a tão sonhada pátria mãe gentil. The federation is a species of statecompound. A key feature of federalism isdecentralization policy where each governmentbody has its own powers and its foundationin the Constitution. Brazil has a history ofpolitical and administrative centralization,but from the proclamation of the Republic,the country has decentralized federalism. TheBrazilian constitution of 1988 shows a structurebased on plurality and diversity, preserving thebalance of federal units. However, in practicewhat we witness is a false association and havethe social and regional aspects more relevant.It is necessary to correct the erroneous way inwhich federalism has penetrated into our soiland thus achieve the long awaited motherlandkind.

  15. The hearing at the Federal Constitutional Court on the nuclear phase-out. No space left for legal ''tricks''; Die Verhandlung beim Bundesverfassungsgericht ueber den Kernenergieausstieg. Kein Raum fuer juristische ''Zaubertricks''

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2016-05-15

    Can lawyers do magic? At least some lawyers believe (even) to do. But does this work? Observers of the hearing of the German Constitutional Court trying the nuclear phase and the revision of the German Atomic Act on 15/16 March 2016 may believe it. The German Constitutional Court is trying the constitutional complaint proceedings of E.ON, RWE and Vattenfall on the legality of nuclear phase-out in Germany, essentially to the question of the compatibility of this law with the fundamental rights of the operating companies, in particular their right to property, to freedom of occupation, to equal treatment and protection of legitimate expectations.

  16. [Constitutional mismatch repair deficiency syndrome

    NARCIS (Netherlands)

    Jongmans, M.C.J.; Gidding, C.E.M.; Loeffen, J.; Wesseling, P.; Mensenkamp, A.; Hoogerbrugge, N.

    2015-01-01

    BACKGROUND: Constitutional mismatch repair deficiency (CMMR-D) syndrome is characterised by a significantly increased risk for developing cancer in childhood. It arises when both parents have a mutation in the same mismatch repair gene and pass it on to their child. CASE DESCRIPTION: An 8-year-old

  17. The Constitution and Academic Freedom.

    Science.gov (United States)

    Gilbertson, Eric R.

    During the past 150 years U.S. courts have demonstrated a special protectiveness toward academics and academic institutions. Academic freedom was not a concern when the U.S. Constitution and the First Amendment were drafted and is not mentioned in the "Federalist Papers." However, decisions by a series of Supreme Court justices led to…

  18. Health care for Micronesians and constitutional rights.

    Science.gov (United States)

    Shek, Dina; Yamada, Seiji

    2011-11-01

    Under the Compacts of Free Association (COFA), people from the Freely Associated States--the Republic of Palau (ROP), the Republic of the Marshall Islands (RMI), and the Federated States of Micronesia (FSM)--have been migrating to the United States in increasing numbers. In 1996, Congress passed broad welfare reform (Personal Responsibility and Work Opportunity Reconciliation Act) which limited certain federal benefits previously available to COFA migrants, including Medicaid benefits. Prior to July 2010, the State of Hawai'i had continued to include COFA migrants under its state-funded Medicaid program. In the face of budget constraints, the State removed these people from its Medicaid rolls. A challenge on the legal basis of the denial of equal protection of the laws, ie, the Fourteenth Amendment to the US Constitution, was successful in reinstating health care to the COFA migrants in December 2010. From the health worker's perspective, regardless of various social justice arguments that may have been marshaled in favor of delivering health care to the people, it was an appeal to the judicial system that succeeded. From the attorney's perspective, the legal victories are potentially limited to the four walls of the courtroom without community involvement and related social justice movements. Together, the authors propose that in order to better address the issue of health care access for Micronesian peoples, we must work together, as health and legal advocates, to define a more robust vision of both systems that includes reconciliation and community engagement.

  19. Women neurologist: a worldwide and Brazilian struggle

    Directory of Open Access Journals (Sweden)

    Marleide da Mota Gomes

    2011-10-01

    Full Text Available The main aim of this paper was to present some pioneer women neurologist, their struggle to pursue their career and the barriers mainly encountered at the beginning of their professional lives. It was also presented the progressive increasing of the feminine participation in medicine and in the neurology with study based on data of the School of Medicine of the Federal University of Rio de Janeiro and Brazilian Academy of Neurology. Their composition were analyzed according to gender, class and academic rank. In spite of this feminization, there is lack of a women's parallel advancement into leadership positions despite no visible barriers ("glass ceiling".

  20. Reverse logistics in the Brazilian construction industry.

    Science.gov (United States)

    Nunes, K R A; Mahler, C F; Valle, R A

    2009-09-01

    In Brazil most Construction and Demolition Waste (C&D waste) is not recycled. This situation is expected to change significantly, since new federal regulations oblige municipalities to create and implement sustainable C&D waste management plans which assign an important role to recycling activities. The recycling organizational network and its flows and components are fundamental to C&D waste recycling feasibility. Organizational networks, flows and components involve reverse logistics. The aim of this work is to introduce the concepts of reverse logistics and reverse distribution channel networks and to study the Brazilian C&D waste case.

  1. Women neurologist: a worldwide and Brazilian struggle.

    Science.gov (United States)

    Gomes, Marleide da Mota

    2011-10-01

    The main aim of this paper was to present some pioneer women neurologist, their struggle to pursue their career and the barriers mainly encountered at the beginning of their professional lives. It was also presented the progressive increasing of the feminine participation in medicine and in the neurology with study based on data of the School of Medicine of the Federal University of Rio de Janeiro and Brazilian Academy of Neurology. Their composition were analyzed according to gender, class and academic rank. In spite of this feminization, there is lack of a women's parallel advancement into leadership positions despite no visible barriers ("glass ceiling").

  2. Dispersão de Fundamentos no Supremo Tribunal Federal / Scattered Arguments in Federal Supreme Court

    Directory of Open Access Journals (Sweden)

    Fábio Carvalho Leite

    2016-11-01

    Full Text Available Resumo: O trabalho analisa, em duas partes, o fenômeno conhecido por dispersão de fundamentos, prática decisória que por vezes marca o Supremo Tribunal Federal (STF no controle de constitucionalidade. A primeira parte é descritiva e sugere que a dispersão de fundamentos é fenômeno que ocorre pela presença necessária da regra de maioria decisória simples (RMDS associada à presença contingente do princípio da causa de pedir aberta e da indeterminação relativa do texto constitucional. A segunda parte é normativa e analisa criticamente os problemas resultantes da adoção da RMDS. Partindo-se do tradicional debate sobre a legitimidade do controle de constitucionalidade, porém não se alinhando a um modelo normativo em particular, o trabalho põe em xeque a proximidade do processo decisório do STF com a ideia de “resposta certa”, aborda a dificuldade de se formar jurisprudência capaz de uniformizar o tratamento de casos a respeito de um assunto e questiona a desconsideração da presunção de constitucionalidade nos casos difíceis do direito em que se verifiquem desacordos morais razoáveis. Por fim, a confiabilidade de intuições morais invocadas pelos ministros no processo decisório do STF é questionada a partir das ciências cognitivas e da psicologia moral. Palavras-chave: Supremo Tribunal Federal; Controle de constitucionalidade; Processo decisório; Dispersão de fundamentos.   Abstract: The work analyzes, in two parts, a phenomenon known as argument scatter, a decision-making practice that sometimes characterizes judicial review in the Brazilian Supreme Court (STF. The first part is descriptive, and suggests that argument scatter occurs in the necessary presence of a simple majority decision-making rule (SMDMR, associated to the contingent presence of the open cause of action principle and of the relative indeterminacy of constitutional text. The second part is normative, and critically analyzes the problems that

  3. Federal Lands

    Data.gov (United States)

    Department of Homeland Security — This map layer consists of federally owned or administered lands of theUnited States, Puerto Rico, and the U.S. Virgin Islands. Only areas of 640 acres or more are...

  4. Coffee berry borer in conilon coffee in the Brazilian Cerrado: an ancient pest in a new environment.

    Science.gov (United States)

    Oliveira, C M; Santos, M J; Amabile, R F; Frizzas, M R; Bartholo, G F

    2018-02-01

    The aim of this study was to verify the occurrence of the coffee berry borer, Hypothenemus hampei (Ferrari), and to evaluate the population fluctuation of the pest in the Brazilian Cerrado (Federal District). The study was conducted, between November 2014 and October 2015, at Embrapa Cerrados (Planaltina/DF, Brazil) in an irrigated conilon coffee production area. In November 2014, 120 samples (ten berries/sample) were collected from berries that had fallen on the ground from the previous harvest. Between November 2014 and October 2015, insects were collected weekly, using traps (polyethylene terephthalate bottles) baited with ethyl alcohol (98 GL), ethyl alcohol (98 GL) with coffee powder, or molasses. Between January and July 2015, samples were collected fortnightly from 92 plants (12 berries per plant). All samples were evaluated for the presence of adult coffee berry borers. Samples from the previous harvest had an attack incidence of 72.4%. The baited traps captured 4062 H. hampei adults, and showed no statistical difference in capture efficiency among the baits. Pest population peaked in the dry season, with the largest percentage of captured adults occurring in July (31.0%). An average of 18.6% of the collected berries was attacked by the borer and the highest percentage incidence was recorded in July (33.2%). Our results suggest that the coffee berry borer, if not properly managed, could constitute a limiting factor for conilon coffee production in the Brazilian Cerrado.

  5. Política ambiental brasileira e sua regulação jurídica conforme os ditames da Ordem Econômica Constitucional / Brazilian environmental policy and your regulated legally according the Order of Constitutional Economic precepts

    OpenAIRE

    Júnior, Clodomiro José Bannwart; Souza, Sharon Cristine Ferreira de

    2013-01-01

    DOI: http://dx.doi.org/10.12957/rdc.2013.9957Trabalho recebido e avaliado pelos Conselhos Editorial e Executivo da Revista de Direito da CidadeResumo: Dadas as influências que o Estado Brasileiro traz, patente em seu ordenamento jurídico, em razão dos diferentes modelos de Estado, pretende-se uma análise da forma como se mostra a política ambiental no Brasil. Partirá do contexto contemporâneo, no âmbito do Estado brasileiro, considerando a Constituição Federal Brasileira de 1988 e as leis amb...

  6. Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments

    Directory of Open Access Journals (Sweden)

    Lorenz Astrid

    2015-11-01

    Full Text Available The article analyses constitutional politics in the German Länder in the field of minors’ rights. Since this issue seems a purely legal matter dealt with at the federal, European and international level, we should expect similar, almost identically shaped policies at the Länder level. However, the analysis brings considerable variations of constitutional activities in this field to the fore: time, frequency, and contents of respective initiatives vary significantly in the period from 1999 to 2014. These variations were due to different party strategies, diverging party platforms and majority constellations in the Länder. The analysis also shows that the public arguments brought forward in favour of constitutional amendments refer only weakly and randomly to legal provisions and processes at other levels. The political debate supporting extended children's rights rather refers to general observations, to the specific regional context, and constitutional provisions in other Länder. At least with regard to this issue, the multi-level system did not systematically impact on constitutional politics in the Länder. It rather can be understood as an opportunity structure providing parties with multiple realms in which they can pursue their goals. Thus the study shows that federal and regional party strategies are key factors in explaining policy diffusion in multilevel systems.

  7. Contested constitutions: Legitimacy of constitution-making and constitutional conflict in Central Europe

    NARCIS (Netherlands)

    de Raadt, J.B.

    2009-01-01

    What were the effects of constitution-making procedures on the acceptance of the new "rules of the political game" in postcommunist Central Europe? This article sets out to scrutinise the increasingly popular claim among politicians and scholars of democratisation that inclusiveness and popular

  8. Federal and European Union Policy Making

    DEFF Research Database (Denmark)

    Dosenrode, Søren

    By using the policy cycle approach, this paper compares the policy-process in a number of Anglo-Saxon type federations with the policy-process in continental-European style federations from within the European Union (EU) area.  The comparison would reveal: a) distinct different styles of policy...... making in European style federations in relation with the Anglo-Saxon ones. b) that the policy-process in the EU resembles that of the European style federations, and c) the Constitutional Treaty (CT) or a possible CT-light would strengthen the federal policy-making characteristics already present...

  9. Valuation In The Constitutional Era

    Directory of Open Access Journals (Sweden)

    Elmien du Plessis

    2015-12-01

    Full Text Available The Constitution brought about a new compensation regime for expropriations. Compensation for expropriation must now be "just and equitable". Whereas before the Constitution came into force market value played a central role in compensation for expropriation, market value is now only one factor or aspect of compensation that the court needs to take into account. Yet we find that courts tend to focus on market value and to still employ the valuation methods used to calculate market value. This article argues that the methods used to calculate the market value, once thought to be objective, are not as objective as was believed. While it is impossible to give judges specific tools for the assessment of market value, this article provides guidelines on how the calculation of compensation should be approached.

  10. The Constitutive Power of Twitter

    DEFF Research Database (Denmark)

    Albu, Oana Brindusa; Etter, Michael Andreas

    Twitter is an increasingly used new information and communication technology (ICT) in organizational settings. Predominant research, however, tends to adopt functionalist standpoints and investigates new ICTs as platforms of information transmission through which organizations interact with their......Twitter is an increasingly used new information and communication technology (ICT) in organizational settings. Predominant research, however, tends to adopt functionalist standpoints and investigates new ICTs as platforms of information transmission through which organizations interact...... with their constituents. Such focus leaves little knowledge concerning the tensions new ICTs bring to organizational life. For a more nuanced understanding of the constitutive role of new ICTs in organizing, this paper unfolds a communication centered perspective and examines the strategic Twitter use in two...... organizations. The analysis illustrates how specific Twitter interactions, i.e., hashtags, become hypertexts—a type of authoritative texts—which simultaneously constitute an organizational actor or act as a pastiche of it. The study contributes to extant research by illustrating how hypertextuality...

  11. [Women, gender, and the Constitution].

    Science.gov (United States)

    1993-12-01

    Although all the constitutions of Latin America directly or indirectly acknowledge the juridical equality of the sexes, these patriarchal societies continue to maintain institutional power in male hands and to neutralize legal actions favoring women. International instruments such as the Convention on Elimination of All Forms of Discrimination Against Women, approved by the UN in 1979, have given a firmer basis to policies and actions to improve the status of women. Obstacles to full equality of Latin American women are rooted in economic and sociopolitical factors, but lack of true political will also plays a significant role. A number of new laws in the past several years as well as the new Constitution have improved the legal position of Colombian women. The new Constitution recognizes fundamental rights that may be claimed directly before a judge, and social, economic, and collective rights requiring legislative development. Article 43 of the new Constitution states that women will not be subjected to any form of discrimination. Another norm states that women will enjoy special assistance and protection before and after childbirth, in recognition of the social functions of maternity. Article 43 also states that women who are heads of households will receive special assistance, but the corresponding regulations have not yet been promulgated. The mechanism of tutelage has become an important recourse that has been used in several cases in which fundamental rights of women have been violated or threatened because of their sex. The order of tutelage has been used in cases of adolescents expelled from school for pregnancy and of abused wives, as well as to force recognition of the social and economic contributions of housework.

  12. European constitution and EURATOM treaty

    International Nuclear Information System (INIS)

    Heller, W.

    2003-01-01

    The European Council held in Laeken in December 2001 had decided to call a convention preparing the next conference of the heads of state and government which, among other topics, was to deliberate the question of a fully formulated European constitution. Under the presidency of Giscard d'Estaing, all delegates to the European Convention on July 10, 2003 signed the draft treaty for a European constitution. This final document is the basis of the conference of the heads of state and government to begin in October 2003. On this occasion, the draft of a separate chapter on energy could well come up again for examination. This chapter had been introduced only at the end of the deliberations of the convention and adds to the competences of the EU institutions. Also the Euratom Treaty was a topic of the convention preparing the constitution. As the presidency felt that no specific issues had been raised in the Laeken declaration, it is proposed to adapt the Euratom Treaty to the new provisions of the constitution by adding a protocol. This would mean that the European Atomic Energy Community, for the time being, would retain its independent legal status. The contents would have to be examined at some later date. Consequently, the real discussion of the Euratom Treaty is yet to come. Also, the speedy completion of the single market for electricity would make it desirable for the Community to adopt a uniform, positive stance in the use of nuclear power at the best possible safety standards so as to ensure a level playing field. Current events entailing power failures in the United States and the United Kingdom have alerted the public to the problem of the continuity of power supply. This could well be the beginning of a new, unbiased, balanced energy discussion in a bigger Europe. (orig.)

  13. Brazilian women in politics.

    Science.gov (United States)

    Sanders, T G

    1987-01-01

    Women are gradually gaining influence in Brazilian politics, especially since recent advances in the women's movement, but they still play a limited role. There have been journals devoted to feminism and some notable feminists since 1850. In 1932 suffragettes in Brazil gained women the right to vote. Women's associations burgeoned in the 1940s and 1950s, culminating in a peak in number of women in national elected positions in 1965. A repressive military regime reversed the process, which resumed in 1975. 1975 was also significant for the Brazilian women's movement because of the U.N. Women's Year. Several large, influential feminist political action groups were formed, typically by upper class women with leftist views, although some church and union groups from lower classes also appeared. In 1979-1981, the coherence of these groups fell into schism and fragmentation, because of disagreements over the feminist political doctrines and roles, views on legality of abortion, and special interest groups such as lesbians. Another bitter dispute is opposition by leftist women to BEMFAM, the Brazilian Society of Family Welfare, which provides family planning for the poor: leftists oppose BEMFAM because it is supported by funds from "imperialist" countries such as the U.S. There are several types of feminists groups: those that emphasize health, sexuality and violence; those composed of lesbians; those originating from lower classes and unions; publicly instituted organizations. Brazilian law forbids discrimination against women holding public office, but in reality very few women actually do hold office, except for mayors of small towns and a few administrators of the Education and Social Security ministries. Political office in Brazil is gained by clientism, and since women rarely hold powerful positions in business, they are outsiders of the system. Brazilian women have achieved much, considering the low female literacy rate and traditional power system, but their

  14. The 2014 Elections and the Brazilian Party System

    Directory of Open Access Journals (Sweden)

    Carlos Ranulfo Melo

    2015-04-01

    Full Text Available The Brazilian party system presents a paradox. Although the Workers Party (PT and the Brazilian Social Democratic Party (PSDB have controlled presidential elections for the last 20 years, their force at the other levels of electoral competition has not grown. The objective of this study is to undertake a discussion of this situation through the 2014 general elections. After attempting to explain why successive challengers have not been able to change the structure of competition for the Brazilian presidency, I will analyze the relation established between the pattern observed at this level and the other “connected” electoral disputes—both those for state executive and federal legislative office. The general conclusion is that even if the pattern continues, it is quite improbable that this will significantly impact the other levels of national political party competition.

  15. PingFederate

    Data.gov (United States)

    US Agency for International Development — PingFederate Server provides Identity Federation and Single Sign On Capabilities. Federated identity management (or identity federation) enables enterprises to...

  16. A Associação Brasileira de Medicina do Trabalho: locus do processo de constituição da especialidade medicina do trabalho no Brasil na década de 1940 The Brazilian Association of Workers' Medicine: a space for the constitution of occupational health as a medical specialty in Brazil in the 1940s

    Directory of Open Access Journals (Sweden)

    Anna Beatriz de Sá Almeida

    2008-06-01

    Full Text Available O artigo analisa a Associação Brasileira de Medicina do Trabalho (ABMT, criada em fins de 1944 como lócus de consolidação do campo da medicina do trabalho no Brasil. O grupo dos primeiros especialistas no campo da higiene e medicina do trabalho que trabalhavam no Ministério do Trabalho, Indústria e Comércio (MTIC foi o responsável pela fundação da ABMT, nas próprias dependências do Ministério. Contando com um núcleo inicial de 35 médicos e cinco engenheiros, todos oriundos do MTIC, a ABMT destacava como seu objetivo primordial, o estudo, a discussão e a divulgação dos assuntos referentes à medicina do trabalho. Entre as principais atividades promovidas pela ABMT, destacavam-se as reuniões científicas mensais (palestras de médicos convidados e de médicos e engenheiros do próprio MTIC, a organização de eventos científicos e a publicação de um periódico especializado. Logo após a sua criação, já em 1945, a ABMT passou a integrar o Bureau Internacional de Segurança do Trabalho, com sede em Montreal, Canadá e o Bureau Internacional do Trabalho, da Organização Internacional do Trabalho. Em dezembro de 1945, no momento da eleição da nova diretoria, criou-se a Revista Médica do Trabalho, cuja primeira publicação foi em 1946.This article analyzes the Brazilian Association of Workers' Medicine, created in the end of 1944 as a space for consolidating occupational health as a medical specialty in Brazil. The Association was founded by the first group of specialists in the field of occupational hygiene and medicine with seat at the facilities of the proper Ministry of Work, Industry and Commerce, where the founders were working. Counting on an initial core group of 35 physicians and five engineers, all of them coming from the Ministry, the main objective of the Association was to study, discuss and promote the issues related to workers' medicine. Among the most relevant activities promoted by the Association were

  17. A historiografia da educação paranaense no cenário da história da educação brasileira: 10 anos de pesquisa na Universidade Federal do Paraná(1999-2008 Historiography of Parana's education in the brazilian education history scenario: 10 years of research at Federal University of Paraná [Universidade Federal do Paraná] (1999-2008

    Directory of Open Access Journals (Sweden)

    Marcus Levy Bencostta

    2010-12-01

    Full Text Available Este artigo trata da produção acadêmica da Linha de Pesquisa História e Historiografia da Educação do Programa de Pós Graduação em Educação da Universidade Federal do Paraná, construída em seus primeiros dez anos (1999-2008 de dedicação à formação de pesquisadores. Trata-se de um ensaio cuja cartografia bibliográfica apresenta interesse historiográfico ao analisar a relação estabelecida por esse grupo de investigadores com o cenário das trilhas percorridas pela produção nacional em História da Educação.This article concerns the academic output of the History and Historiography of Education researching field of the Post graduation program in Education of the Federal University of Paraná (Universidade Federal do Paraná, which was created in its first ten years (1999-2008 of dedication to the instruction of the researchers. It's an essay whose bibliographic cartography has a historiographic interest when analyzing the relation set by this researchers group with the scenario of the paths made by the national output in the field of Education History.

  18. Zebrafish in Brazilian Science: Scientific Production, Impact, and Collaboration.

    Science.gov (United States)

    Gheno, Ediane Maria; Rosemberg, Denis Broock; Souza, Diogo Onofre; Calabró, Luciana

    2016-06-01

    By means of scientometric indicators, this study investigated the characteristics of scientific production and research collaboration involving zebrafish (Danio rerio) in Brazilian Science indexed by the Web of Science (WoS). Citation data were collected from the WoS and data regarding Impact Factor (IF) were gathered from journals in the Journal Citation Reports. Collaboration was evaluated according to coauthorship data, creating representative nets with VOSviewer. Zebrafish has attained remarkable importance as an experimental model organism in recent years and an increase in scientific production with zebrafish is observed in Brazil and around the world. The citation impact of the worldwide scientific production is superior when compared to the Brazilian scientific production. However, the citation impact of the Brazilian scientific production is consistently increasing. Brazil does not follow the international trends with regard to publication research fields. The state of Rio Grande do Sul has the greatest number of articles and the institution with the largest number of publications is Pontifícia Universidade Católica do Rio Grande do Sul. Journals' average IF is higher in Brazilian publications with international coauthorship, and around 90% of articles are collaborative. The Brazilian institutions presenting the greatest number of collaborations are Pontifícia Universidade Católica do Rio Grande do Sul, Universidade Federal do Rio Grande do Sul, Fundação Universidade Federal de Rio Grande, and Universidade de São Paulo. These data indicate that Brazilian research using zebrafish presents a growth in terms of number of publications, citation impact, and collaborative work.

  19. The Normative Constitution of Agency

    OpenAIRE

    Korsgaard, Christine M.

    2014-01-01

    On a naturalistic conception of agency, someone is an agent when certain of his own mental states are the cause of his movements. On a normative conception, a person constitutes his agency by following certain principles or laws. In Kant’s conception, for example, a movement counts as the agent’s own when it is chosen autonomously, that is, in accordance with the categorical imperative. To say that someone acts is to imply that his movements are a manifestation of his own activity and that it...

  20. Creeping Federalization

    DEFF Research Database (Denmark)

    Sweeney, Richard J.

    2003-01-01

    that make taxharmonization difficult to impose. Other types of harmonization have a less clear-cut costbenefitanalysis. A federal commercial code that is uniform across member states reducestransaction and information costs, compared to leaving important code issues to memberstates; further, many states may...

  1. Essence and constitution in Zubiri

    Directory of Open Access Journals (Sweden)

    Alfonso Gómez Fernández

    2015-03-01

    Full Text Available The aim of this article is to expound Zubiri’s concept of essence and to begin a critical discussion and evaluation of his proposal. Before explaining what essence is, it is necessary to observe that, for our author, not all things have an essence: only «reality-things» but not «meaning-things» form part of the «essentiable domain». This distinction between «reality-things» and «meaning-things» supposes a new conception of nature. (Nature is not the opposite of the artificial, as the Greek term physis is.«Reality-things» form a constitutional and «closed» system of non-causal and non-«external» characteristics or traits. These «foundational characteristics» of constitution, then, are precisely the essence. The article discusses critically the assumptions of this doctrine (reality, ontological pluralism, foundation and its possible limits in the light of contemporary science. It can be a useful theory for the philosophy of language.

  2. BRAZILIAN NEWS PORTALS CHARACTERISTICS

    Directory of Open Access Journals (Sweden)

    Heloiza G. Herckovitz

    2011-02-01

    Full Text Available A content analysis of four Brazilian news media portals found that economic news dominated the top headlines with little attention paid to education, the environment and welfare. Other trends included a focus on local events and national news sources, reliance on few sources, mostly official ones, and a low percentage of news that fitted the concept of newsworthiness (a combination of both social significance and deviance concepts. Other findings of a study of 432 top news stories published by UOL, Estadão, iG and Terra during a 15-day period between February and March 2008 indicate that the top portions of the portals’ front pages carry news that lacks story depth, editorial branding, and multimedia applications. The results suggest that online news portals are in their infancy although Brazil has the largest online population of Latin America. This study hopes to shed light on the gatekeeping process in Brazilian news portals. Brazilian media portals have yet to become a significant editorial force able to provide knowledge about social issues and public affairs in a socially responsible fashione.

  3. Análise das habilidades cognitivas requeridas dos candidatos ao cargo de contador na Administração Pública Federal, utilizando-se indicadores fundamentados na visão da Taxonomia de Bloom Analysis of cognitive skills required from candidate accountants in the brazilian Federal Public Administration, using indicators based on Bloom's Taxonomy

    Directory of Open Access Journals (Sweden)

    Jorge José Barros de Santana Junior

    2008-04-01

    Full Text Available O presente estudo objetiva detectar, através dos seis níveis de conhecimento da Taxonomia de Bloom, qual a tendência das habilidades cognitivas requeridas, quando da demanda por profissionais contadores pela Administração Direta e Indireta da União, utilizando-se da análise das questões de algumas recentes provas de concursos (1999 a 2006, o que evidenciará um perfil de desempenho intelectual delineado por esse setor público. A partir dessa análise, busca-se fazer uma reflexão sobre os caminhos a serem percorridos, para que o profissional contador possa atingir as demandas de desempenho intelectual exigidas pelo atual cenário de desenvolvimento tecnológico e econômico mundial. O artigo foi desenvolvido utilizando-se do método indutivo, mediante pesquisas bibliográficas e documentais, além de técnicas de investigação estatística. Aborda-se o histórico das últimas mudanças ocorridas no mercado profissional, em especial do setor público, e o entendimento dos fundamentos da Taxonomia de Bloom, apresentando como proposta alguns indicadores de aprendizagem mais voltados para uma realidade atual. O resultado da pesquisa demonstrou que não se está exigindo dos candidatos ao cargo de contador (ou com especialidade em contabilidade os mais altos indicadores de habilidades cognitivas. Verifica-se, portanto, a necessidade de mudanças efetivas nos rumos dessa profissão, para que se possa garantir o espaço almejado para todos aqueles que optaram em trabalhar e desenvolver as Ciências Contábeis.This study aims to detect, by means of the six knowledge levels in Bloom´s Taxonomy, tendencies in the cognitive abilities required when professional accountants are demanded by the Brazilian Direct and Indirect Administration, using the analysis of questions posed during some recent selection exams (1999 to 2006, to evidence the intellectual performance profile outlined by the public sector. Based on this analysis, attempts are made to

  4. Two Hundred Years of Federalism: A Perspective on National Fiscal Policy in Education.

    Science.gov (United States)

    Verstegen, Deborah A.

    1987-01-01

    Divides the history of educational federalism into three eras: (1) Presidential Federalism (from the Constitution's enactment to the Elementary and Secondary Education Act (ESEA) in 1958); (2) Congressional Federalism (from ESEA until Reagan's election); and (3) Gubernatorial Federalism (the 1980's). Federal aid to education has been reduced,…

  5. Federalism as an Instrument for Unity and the Protection of Minorities

    African Journals Online (AJOL)

    Legesse Tigabu Mengie

    principles of federalism across these federal systems cannot be done in a single ... 2 Michael Burgess (2006), Comparative Federalism: Theory and Practice, Routledge, pp. ... A federal system is also different from other forms of association like ... though the FDRE Constitution prevails over all federal and state laws and.

  6. Federal databases

    International Nuclear Information System (INIS)

    Welch, M.J.; Welles, B.W.

    1988-01-01

    Accident statistics on all modes of transportation are available as risk assessment analytical tools through several federal agencies. This paper reports on the examination of the accident databases by personal contact with the federal staff responsible for administration of the database programs. This activity, sponsored by the Department of Energy through Sandia National Laboratories, is an overview of the national accident data on highway, rail, air, and marine shipping. For each mode, the definition or reporting requirements of an accident are determined and the method of entering the accident data into the database is established. Availability of the database to others, ease of access, costs, and who to contact were prime questions to each of the database program managers. Additionally, how the agency uses the accident data was of major interest

  7. Natural gas: federal versus state competence; Competencia federal versus competencia estadual

    Energy Technology Data Exchange (ETDEWEB)

    Fonseca, Rodrigo Garcia da; Correia, Andre de Luizi [Wald Associados Advogados, Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This article highlights the difficulties in regulating the natural gas sector in Brazil, which has hindered the development of the full potential of this industry. It analyzes the partition of competencies between the federative entities according to the Federal Constitution, the 'Law of oil' and the project of the 'Law of gas'.

  8. Russian Federation

    International Nuclear Information System (INIS)

    2001-01-01

    In the Russian Federation (RF), management of radioactive wastes will be carried out within the framework of the Federal Target Program for management of radioactive wastes and used nuclear materials for the period 1996-2005. The agency within the RF responsible for this program is the Ministry of Russian Federation on Atomic Energy. Current radioactive waste disposal activities are focused on creating regional repositories for wastes generated by radiochemical production, nuclear reactors, science centers, and from other sources outside of the nuclear-fuel cycle (the latter wastes are managed by Scientific and Industrial Association, 'RADON'). Wastes of these types are in temporary storage, with the exception of non-fuel cycle wastes which are in long term storage managed by SAI 'RADON'. The criteria for segregating between underground or near-surface disposal of radioactive waste are based on the radiation fields and radionuclide composition of the wastes. The most progress in creating regional repositories has been made in the Northwest region of Russia. However, development of a detailed design has begun for a test facility in the Northeast for disposal of radioactive wastes generated in Murmansk and Arkhangelsk provinces. The feasibility study for construction of this facility is being evaluated by state monitoring organizations, the heads of administrations of the Arkhangelsk and Murmansk provinces, and Minatom of Russia

  9. The Constitutive Values of Science

    Directory of Open Access Journals (Sweden)

    Hugh Lacey

    1997-06-01

    Full Text Available Cognitive values are the characteristics that are constitutive of good theories, the criteria to which we appeal when choosing among competing theories. I argue that, in order to count as a cognitive value, a characteristic must be needed to explain actually made theory choices, and its cognitive significance must be well defended especially in view of considerations derived from the objective of science. A number of proposed objectives of science are entertained, and it is argued that adopting a par-ticular objective is dialectically intertwined with commitment to certain social values.Then, the ways in which science is, and is not value free is explored briefly, leading to the identification of a level of analysis where values may influence theory choice without causing paradox or threatening the impartiality of soundly-made scientific judgments.

  10. [Constitutional mismatch repair deficiency syndrome].

    Science.gov (United States)

    Jongmans, Marjolijn C; Gidding, Corrie E; Loeffen, Jan; Wesseling, Pieter; Mensenkamp, Arjen; Hoogerbrugge, Nicoline

    2015-01-01

    Constitutional mismatch repair deficiency (CMMR-D) syndrome is characterised by a significantly increased risk for developing cancer in childhood. It arises when both parents have a mutation in the same mismatch repair gene and pass it on to their child. An 8-year-old girl was diagnosed with CMMR-D syndrome after she developed a brain tumour at the age of 4 and a T-cell non-Hodgkin lymphoma at the age of 6. She had multiple hyperpigmented skin lesions and died of myelodysplastic syndrome at the age of 11. In children with cancer CMMR-D syndrome can be recognized particularly if there are multiple primary malignancies and skin hyperpigmentations and hypopigmentations. The parents of these children are at high risk for colorectal and endometrial cancer (Lynch syndrome), amongst others.

  11. Kinanthropometry - Components of body constitution

    Directory of Open Access Journals (Sweden)

    Maria Tereza Silveira Böhme

    2000-12-01

    Full Text Available The objective of this study is to present the conceptual and historical background to Kinanthropometry and to characterize this area of research. The components of body constitution relating to dimensions, proportions, shape and body composition that should be considered in Physical Education and Sports programs are also described. ARESUMO Este trabalho tem por objetivo apresentar os aspectos conceituais referentes à Cineantropometria, assim como os aspectos históricos e caracterização desta área de estudos. São também descritos os componentes de constituição corporal referentes à dimensões, proporções, forma e composição corporal que devem ser considerados em programas de Educação Física e Esporte.

  12. O eu nacional: a constituição do ser brasileiro na visão de Alberto Torres e Monteiro Lobato = The national being: the constitution of the brazilian being in the vision of Alberto Torres and Monteiro Lobato

    Directory of Open Access Journals (Sweden)

    Margis, Simone Maciel

    2014-01-01

    Full Text Available O presente trabalho vincula-se ao projeto “História das Ideias, Historicidade e Identidades Culturais” do departamento de História da Universidade Federal de Santa Maria, coordenado pelo Prof. Dr. Carlos H. Armani, e, sob coorientação da mestranda do Programa de Pós-graduação em História – UFSM Jóice Anne A. Carvalho. Busca-se traçar uma linha teórica referente à constituição da Nação e o papel do indivíduo mergulhado na coletividade, ou seja, quem compõe e quem não compõe a estrutura social do Brasil na construção do eu nacional. Ao longo do século XIX e início do século XX, pensadores de várias áreas das ciências começaram a se questionar sobre as diferenças dos seres humanos e que, mais tarde, desembocariam num discurso hierárquico de raças. Essas menções à suposta inferioridade da raça brasileira fez com que Alberto Torres, assumisse uma posição contrária a esse discurso, expondo-a no livro “O Problema Nacional Brasileiro” (1914. Sua teoria sobre as raças afirmava que a única questão que podia vir a contribuir para certa diferenciação racial seriam os fatores mesológicos de uma Nação, mais precisamente, o clima. Nesta mesma linha de pensamento, o autor Monteiro Lobato também analisa a composição da população brasileira e a discussão acerca da hierarquização racial tão em voga no período. Em seu livro “Problema Vital” (1918, nega a afirmação de inferioridade da raça brasileira e aponta as medidas que o Estado deveria tomar para que a população conseguisse atingir o progresso. Lobato também acaba resgatando a figura do caboclo, numa clara tendência de traçar um perfil para o brasileiro

  13. A agenda ambiental pública: barreiras para a articulação entre critérios de sustentabilidade e as novas diretrizes da administração pública federal brasileira The public environmental agenda: barriers to the articulation between criteria for sustainability and the new guidelines of the Brazilian central government administration

    Directory of Open Access Journals (Sweden)

    Maria Gracinda Carvalho Teixeira

    2013-04-01

    Full Text Available A pesquisa tem como objetivo analisar a Instrução Normativa N01/2010 e suas implicações práticas, como novo instrumento de política pública o qual determina condições para viabilizar a agenda ambiental da gestão pública emanadas do Ministério de Orçamento, Planejamento e Gestão. Esta dispõe sobre os critérios de sustentabilidade ambiental na aquisição de bens, contratação de serviços ou obras pela administração pública federal. Assim supõe-se que haja uma necessidade de apreensão de novas formas de diálogo entre o público e o privado, o Estado e a sociedade face às mudanças institucionais postas à atual gestão pública e implícita na norma. Entretanto apresenta-se como problema de pesquisa o seguinte questionamento: quais fatores estariam causando o não alinhamento dos critérios de sustentabilidade ambiental exigidos à administração pública federal diante da situação em que se encontram as organizações parceiras contratadas, de modo a promover tal sustentabilidade? Realizou-se um estudo qualitativo, de natureza exploratória, abarcando pesquisa bibliográfica, documental e de campo. Esta última envolvendo gestores públicos federais que atuam em processos de licitação, em elaboração de projetos de obras e de fiscalização da construção das novas edificações públicas. Os resultados da pesquisa confirmam a suposição do estudo e apresentam as principais barreiras para a efetividade da norma sinalizando que sem uma maior articulação dos órgãos ambientais às novas diretrizes da administração pública federal e com claras responsabilizações quanto à norma em foco, estará comprometido o designo ambiental a que se propõe a nova legislação.The research aims at studying Normative Instruction N01/2010 and its practical implications as a new instrument for public policies which sets conditions to enable the environmental agenda in the public administration as issued by the Brazilian

  14. An assessment of Brazilian conservation units – a second look

    OpenAIRE

    Drummond, José Augusto Leitão

    2012-01-01

    This is a second overview of the Brazilian conservation unit system for mid-2010. It updates author et al, 2009. It examines six dimensions of federal and state protected areas – age, numbers, types of units, absolute and average sizes, distribution by states and biomes, and degree of compliance with CBD-inspired goals. Major findings: (i) the system maintained a rapid growth rate; (ii) national parks and national forests are the most prominent units; (iii) distribution of units by region and...

  15. Health Care in the Russian Federation.

    Science.gov (United States)

    Younger, David S

    2016-11-01

    The Russian Federation health system has its roots in the country's complex political history. The Ministry of Health and Social Development and its associated federal services are the principal Russian institutions subserving the Russian Federation. Funding for the health system goes through 2 channels: the general revenue budget managed by federal, regional, and local health authorities, and the Mandatory Health Insurance Fund. Although the Soviet Union was the first country in the world to guarantee free medical care as a constitutional right to all its citizens, quality and accessibility are in question. Copyright © 2016 Elsevier Inc. All rights reserved.

  16. Panorama of the Brazilian correctional structure

    Directory of Open Access Journals (Sweden)

    Renata de Oliveira Cartaxo

    2014-04-01

    Full Text Available Objective: To describe, based on the Penitentiary Information Integrated System (Sistema Integrado de Informações Penitenciárias - Infopen, aspects of the national correctional structure, the convicts’ characteristics and the profiles of the existing professionals to guarantee the constitutional precept of healthcare. Methods: Descriptive study, on a documental basis, carried out from secondary data available in the Penitentiary Information Integrated System, where the Brazilian correctional structure was assessed, along with the prison inmate’s profile regarding personal characteristics and the committed crime, and the professionals involved in healthcare. Results: There are 298,275 vacancies, occupied by 496,251 convicts in 1,857 prisons. Concerning the inmates’ profile, it was observed that 92.3% (461,444 are male between 18 and 24 years old (25.6% - 126,929, dark-skinned (36.7% - 82,354, with incomplete elementary school (40.7% - 201,938, who mainly committed the drug smuggling crime (23.5% - 100,648. As to the composition of the health assistance team, it was evidenced a total amount of 5,132 professionals registered in the system. Conclusion: Based on the penitentiary information integrated system, the Brazilian correctional structure is characterized by presenting a vacancy deficit, caused by overcrowding and/or saturation of the existent prisons, what makes it especially difficult to guarantee the fulfillment of the inmates’ necessities. doi:10.5020/18061230.2013.p266

  17. Representation of differences in Brazilian journalistic discourse

    Directory of Open Access Journals (Sweden)

    Fernando Resende

    2015-08-01

    Full Text Available Considering the technological advance, which enhances the production of mediatic discourses, and the notion of a libidinal power installed in our globalized societies, reflecting upon representation of differences seems to be a major issue. This essay discusses the production of journalistic discourses from an epistemological perspective. The field of media is taken as constituted by a triple component – discourse/narrative/machines – and we suggest that this triad has proved to be incomplete: discourse and narrative, once they really are vertexes of the triangle, are absences. Two journalistic-documentary productions – which intend to represent life in the slums of Brazil – are compared in order to reflect upon representation of differences in Brazilian journalistic discourse. In view of the up-to-date polarization and pulverization of discourses, we suggest that in the perspective of the journalistic discourse, one can only speak about alterity if one tries to comprehend the ways news is staged.

  18. Brazilian Portuguese Ethnonymy and Europeanisms.

    Science.gov (United States)

    Stephens, Thomas M.

    1994-01-01

    Delineates the incorporation and analyzes the impact of European borrowings in Brazilian racio-ethnic terminology. This overview covers French, Italian, Spanish, and English influences. Borrowings from European languages have had a small impact on the calculus of Brazilian racio-ethnic terms. (43 references) (Author/CK)

  19. Managing migration: the Brazilian case

    OpenAIRE

    Eduardo L. G. Rios-Neto

    2005-01-01

    The objective of this paper is to present the Brazilian migration experience and its relationship with migration management. The article is divided into three parts. First, it reviews some basic facts regarding Brazilian immigration and emigration processes. Second, it focuses on some policy and legal issues related to migration. Finally, it addresses five issues regarding migration management in Brazil.

  20. The foundational tenets of Johannes Althusius' constitutionalism ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... sovereignty, in contrast to undivided (statist) sovereignty and his views on public office provided the framework for constitutionalism and limited government which could arguably improve on that of contemporary statist constitutionalism.

  1. The constitutional court review of judicial decisions

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan M.

    2016-01-01

    Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights

  2. Fiscal Federalism

    DEFF Research Database (Denmark)

    Feng, Xingyuan; Ljungwall, Christer; Guo, Sujian

    2013-01-01

    China's central–local relations have been marked by perpetual changes amidst economic restructuring. Fiscal decentralization on the expenditure side has been paralleled by centralization on the revenue side, accompanied by political centralization. Hence, our understanding of China's fiscal...... relations is not without controversy. This paper aims to make a theoretical contribution to the ongoing debate on ‘fiscal federalism’ by addressing crucial questions regarding China's central–local fiscal relations: first, to what extent do Chinese central–local fiscal relations conform to fiscal federalism...

  3. Unanimous Constitutional Consent and the Immigration Problem

    OpenAIRE

    Josten, Stefan D.; Zimmermann, Klaus W.

    2004-01-01

    This paper utilizes the cross-cutting cleavages approach to evaluate the probability of a unanimous constitutional consent and, based on these results, discusses the implications of immigration on an existing constitutional consent. It is shown that previous conclusions of beneficial effects stemming from a multitude of political dimensions for a unanimous constitutional consent crucially depend on the assumption of an extreme mode of intrapersonal compensation of constitutional majority and ...

  4. Constitutional Referendums:A Theoretical Enquiry

    OpenAIRE

    Tierney, Stephen

    2009-01-01

    In recent decades the use of referendums to settle major constitutional questions has increased dramatically. Addressing this phenomenon as a case study in the relationship between democracy and constitutional sovereignty, this article has two aims.The first is to argue that these constitutional referendums are categorically different from ordinary, legislative referendums, and that this has important implications for theories of constitutional sovereignty. Secondly, the article suggests that...

  5. Analysis on constitution of American college republicans

    Directory of Open Access Journals (Sweden)

    Minghua Su

    2017-02-01

    Full Text Available This paper, based on internet survey and comparative analysis, according to the firsthand materials, comprehensively and systematically probes the formation of the constitution form and structure, and analyzes its contents of Constitution of American College Republicans among 15 colleges respectively, which includes the illustration of constitution, membership, personnel, meeting, financial amendment, etc. Finally, this essay analyzes the characteristics of constitution of college republicans and its advantages.

  6. Radioprotection in Brazilian universities

    International Nuclear Information System (INIS)

    Caballero, K.C.; Borges, J.C.

    1992-01-01

    The purpose of this work was to obtain a broad knowledge of the circumstances under which activities involving ionizing radiations are held at brazilian academic institutions. Around 90 institutions (universities and isolated schools of both public and private sectors) were invited, by mail, to answer an inquiry with questions from technical to legal aspects of their activities with radiations. Information received from 2/3 of institutions contacted, permitted conclusions as: there is a wide ignorance about radioprotection procedures and legislation, although few universities maintain some efficient radioprotection staff; there is a need for the establishment of a standard radioprotection text dedicated to those specific activities of the sector. (author)

  7. Brazilian energy overview

    International Nuclear Information System (INIS)

    Souza, J.A.M. de.

    1975-01-01

    The Brazilian energy overview compared with the rest of the world is presented, as well as the current situation and prospects for the future. In a first part, the evalution from the past through the present time is considered, and in a second part, attention is given on the future prospects for Brazil and the different countries in connection with the energy field. It is expected that the current per capita energy consumption in Brazil, in all of its various forms, now totalling 6 million kcal/inh, will reach at least 22 million kcal/inh toward the end of this century

  8. The Constitution of the Republic of Estonia

    Index Scriptorium Estoniae

    2009-01-01

    Sisaldab ka: The Constitution of the Republic of Estonia Amendment Act. The Constitution of the Republic of Estonia Implementation Act. Act to Amend the Constitution of the Republic of Estonia for Election of Local Government Councils for Term of Four Years

  9. The Constitution of the Republic of Estonia

    Index Scriptorium Estoniae

    2005-01-01

    Raamat sisaldab ka: The Constitution of the Republic of Estonia amendment act ; The Constitution of the Republic of Estonia implementation act ; Act to amend the Constitution of the Republic of Estonia for election of local government councils for term of four years

  10. Constitutive model for porous materials

    International Nuclear Information System (INIS)

    Weston, A.M.; Lee, E.L.

    1982-01-01

    A simple pressure versus porosity compaction model is developed to calculate the response of granular porous bed materials to shock impact. The model provides a scheme for calculating compaction behavior when relatively limited material data are available. While the model was developed to study porous explosives and propellants, it has been applied to a much wider range of materials. The early development of porous material models, such as that of Hermann, required empirical dynamic compaction data. Erkman and Edwards successfully applied the early theory to unreacted porous high explosives using a Gruneisen equation of state without yield behavior and without trapped gas in the pores. Butcher included viscoelastic rate dependance in pore collapse. The theoretical treatment of Carroll and Holt is centered on the collapse of a circular pore and includes radial inertia terms and a complex set of stress, strain and strain rate constitutive parameters. Unfortunately data required for these parameters are generally not available. The model described here is also centered on the collapse of a circular pore, but utilizes a simpler elastic-plastic static equilibrium pore collapse mechanism without strain rate dependence, or radial inertia terms. It does include trapped gas inside the pore, a solid material flow stress that creates both a yield point and a variation in solid material pressure with radius. The solid is described by a Mie-Gruneisen type EOS. Comparisons show that this model will accurately estimate major mechanical features which have been observed in compaction experiments

  11. Legal aspects of search and mining of nuclear ores under Brazilian law

    International Nuclear Information System (INIS)

    Godinho, T.M.

    1980-06-01

    The legal aspects of mining in the Brazilian law its general principles, the basic concepts and rules established in the constitution of Brazil, in the mining code and in special laws are analysed. The rules for mining and usage of nuclear ores and other ores of interest to the nuclear field are emphasized. (A.L.) [pt

  12. VIII Brazilian Meeting on Simulational Physics (BMSP)

    International Nuclear Information System (INIS)

    Branco, N. S.; Figueiredo, W.; Plascak, J. A.; Santos, M.

    2016-01-01

    This special issue includes invited and selected articles of the VIII Brazilian Meeting on Simulational Physics (BMSP), held in Florianópolis, Santa Catarina, Brazil, from 3rd to 8th August, 2015. This is the eighth such meeting, and the second one to have contributed papers published in Journal of Physics: Conference Series (the other was the VII BMSP). The previous meetings in the BMSP series took place in the mountains of Minas Gerais, in the region of the Brazilian Pantanal, and in the shores of Paraíba. Now, for the first time, the Meeting was held in Florianópolis, with its pleasing shores, the capital of Santa Catarina state. The VIII BMSP brought together about 50 researchers from all over the world for a vibrant and productive conference. As in the previous meetings, the talks and posters highlighted recent advances in applications, algorithms, and implementation of computer simulation methods for the study of condensed matter, materials, and out of equilibrium, quantum and biologically motivated systems. We are sure that this meeting series will continue to be an important occasion for people working in simulational physics to exchange ideas and discuss the state of the art of this always expanding field. We are very glad to put together this special issue, and are most appreciative of the efforts of the editors of the Journal of Physics: Conference Series for making this publication possible. We are grateful for the outstanding work of the Florianopolis team, for the financial support of the Brazilian agencies CAPES and CNPq, and of the Federal Universities UFPB and UFSC. At last, but not least, we would like to acknowledge all of the authors for their written submissions. (paper)

  13. STANDARDIZED TERMINOLOGY OF ADULT SPINE DEFORMITY FOR BRAZILIAN PORTUGUESE

    Directory of Open Access Journals (Sweden)

    Raphael de Rezende Pratali

    2015-12-01

    Full Text Available Objective : To develop a consensus for translation of the most relevant terms used in the study of Adult Spinal Deformity, from their original languages into Brazilian Portuguese. Methods : A panel of 12 experts in spine surgery from the five Brazilian regions was constituted. To obtain the standardization of terminology, the Delphi method with an electronic questionnaire was administered to participants about their opinion on the translation of 13 relevant terms chosen by literature review. Each term was considered standard when there was consensus, that is, concordance higher than 80% among participants as to the suggestion to be adopted, and then on the acceptance of the term and its abbreviation in Portuguese. Results : Initially there was consensus (over 80% concordance on the translation of seven terms in the electronic questionnaire. The other six terms that have not reached consensus were discussed at a meeting among the participants, relying on the opinion of a specialized professional in simultaneous translation of orthopedic terms in Portuguese and other professional majored in Portuguese language. It was decided how these terms should be translated and there was a consensus among all participants regarding their acceptance. Finally, there was consensus among the participants, who agreed with the translation and abbreviation of the 13 propose terms, defining its standardization for Brazilian Portuguese. Conclusion : We present a standard terminology used in the study of Adult Spinal Deformity through consensus among experts, seeking uniformity in the use of these terms in Brazilian Portuguese.

  14. Constitutional pluralism as mutually assured discretion: The Court of Justice, the German Federal Constitutional Court, and the ECB / Matthias Goldmann

    Index Scriptorium Estoniae

    Goldmann, Matthias

    2016-01-01

    Euroopa Kohtu poolt Gauweiler'i kaasuses rakendatud ülevaate standardist, mis puudutasid Euroopa Keskpana (ECB) rahalisi otsetehinguid (OMT). Euroopa Kohtu vaatenurgast ratsionaalsusele ja proportsionaalsusele, mis kannab suurt potentsiaali Euroopa Liidu pluralismile

  15. Life Expectancy of Brazilian Neurosurgeons.

    Science.gov (United States)

    Botelho, Ricardo Vieira; Jardim Miranda, Bárbara Cristina; Nishikuni, Koshiro; Waisberg, Jaques

    2018-06-01

    Life expectancy (LE) refers to the number of years that an individual is expected to survive. Emphasis is frequently placed on the relationship between LE and the conditions under which a population lives, but fewer studies have investigated the relationship between stress factors associated with specific professions and their effects on LE. The aim of this study is to evaluate Brazilian neurosurgeons' life expectancies (BNLEs) and compare them with those of physicians (both Brazilian and foreign) from other fields, as well as with Brazilian nondoctors. The Brazilian Society of Neurosurgery death registry was used to obtain data that compared LEs from non-neurosurgeon physicians, as described in the national and international literature. BNLEs were also compared with the LEs of Brazilian citizens. Fifty-one neurosurgeons died between 2009 and 2016. All were males. The mean age at death was 68.31 ± 17.71 years. Among all-cause mortality, the breakdown was 20% cardiovascular diseases, 39% malignancies, 10% external factors, 6% gastrointestinal disorders, 12% neurologic illnesses, and 14% unknown causes. BNLE was shorter than LE of male Brazilian citizens. LE was similar among neurosurgeons and other doctors but shorter compared with Brazilian citizens. Further research is needed to provide data that can add to and confirm these results. Copyright © 2018 Elsevier Inc. All rights reserved.

  16. Pharmacogenetics in the Brazilian population

    Directory of Open Access Journals (Sweden)

    Guilherme eSuarez-Kurtz

    2010-10-01

    Full Text Available Brazil is the 5th largest country in the world and its present population, in excess of 190 million, is highly heterogeneous, as a result of centuries of admixture between Amerindians, Europeans and Sub-Saharan Africans. The estimated individual proportions of biogeographical ancestry vary widely and continuously among Brazilians, most individuals - irrespective of self-identification as White, Brown or Black, the major categories of the Brazilian Census race/color system - having significant degrees of European and African ancestry, while a sizeable number display also Amerindian ancestry. These features have important pharmacogenetic (PGx implications: first, extrapolation of PGx data from relatively well-defined ethnic groups is clearly not applicable to the majority of Brazilians; second, the frequency distribution of polymorphisms in pharmacogenes (e.g. CYP3A5, CYP2C9, GSTM1, ABCB1, GSTM3, VKORC, etc varies continuously among Brazilians and is not captured by race/color self-identification; third, the intrinsic heterogeneity of the Brazilian population must be acknowledged in the design and interpretation of PGx studies in order to avoid spurious conclusions based on improper matching of study cohorts. The peculiarities of PGx in Brazilians are illustrated with data for different therapeutic groups, such as anticoagulants, HIV-protease inhibitors and nonsteroidal antinflammatory drugs, and the challenges and advantages created by population admixture for the study and implementation of PGx are discussed. PGx data for Amerindian groups and Brazilian-born, first generation Japanese are presented to illustrate the rich diversity of the Brazilian population. Finally, I introduce the reader to the Brazilian Pharmacogenetic Network or Refargen (www.refargen.org.br, a nationwide consortium of research groups, with the mission to provide leadership in PGx research and education in Brazil, with a population health impact.

  17. The rise of Brazilian agriculture

    DEFF Research Database (Denmark)

    Jensen, Hans Grinsted; Vink, Nick; Sandrey, Ron

    2014-01-01

    of Brazilian agricultural policies, namely farmer support, the research and technology transfer system and land issues. The implications for South African agriculture can be summarized as the recognition that history, geography, the development path and agricultural policies all matter. The article......The purpose of this article is to explore some of the possible lessons for South African agriculture from the Brazilian experience. To this end, the article discusses the performance of Brazilian agriculture in terms of land and labour use, production, and exports. This is followed by aspects...... then identifies five important lessons for agricultural development in South Africa....

  18. Forget a Federal RPS - here's an idea that will work

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2009-04-15

    Instead of top-down federalism, a carbon portfolio standard would engage states in collaborative federalism in which responsibility for achieving a national goal is shared between Washington and the states consistent with constitutional roles. (author)

  19. The comparative constitutional law on national constitutional system: with regard to the IX World Congress of Constitutional Law

    OpenAIRE

    Landa Arroyo, César

    2015-01-01

    From  the  process  of  globalization  of  law,  the  comparative constitutional law has gained a leading role for a better understanding and solving old and new constitutional national and international challenges. Therefore, some assumptions and considerations to take into account are presented for the development of the national constitutional order within the framework of the comparative constitutional law, such as universality and relativism of human rights; the concept of power and cons...

  20. Brazilian readers and contextual reference Brazilian readers and contextual reference

    Directory of Open Access Journals (Sweden)

    Lilia M. O. Carioni

    2008-04-01

    Full Text Available This article describes an experiment carried out using Brazilian university students at UFSC, the purpose being to check comprehension relationships between two types of contextual reference and two languages, Portuguese and English. A major stimulus for the research was the question: are Brazilian students' difficulties in reading English related more to English language difficulties or to difficulties in processing text in general?

  1. Federal supervisory authorities' power to issue directives in nuclear licensing procedures (Kalkar reactor)

    International Nuclear Information System (INIS)

    Anon.

    1990-01-01

    The Federal Constitutional Court (BVerfG) is concerned in its judgement with the legal instrument of Federal supervisory authorities' power to issue directives in nuclear licensing procedures (Kalkar reactor). Dealt with are questions concerning material and excercising competences, the Federal Government's right to issue directives and possible violation of Laender rights, as well as the legal position between Land and Federal Government, the necessity to issue clear directives, questions concerning the competence to issue directives and the Federal Government's duty to consider the overall interests (Federal Government and Laender interests), questions concerning constitutional state principles and the limits in the relations between Federal Government - Laender concerning legal competence. (RST) [de

  2. Institutionalizing Instability: The Constitutional Roots of Insecurity in Nigeria’s Fourth Republic

    Directory of Open Access Journals (Sweden)

    Hilary Matfess

    2016-09-01

    Full Text Available Nigeria’s return to democracy has been a tumultuous era; the Fourth Republic has been characterized by insurgencies and violence throughout the country. Though seemingly disparate movements, the violence of the Fourth Republic has its roots in the country’s constitution. Three aspects of the 1999 Nigerian constitution stand out as particularly problematic: the centralization of the police at the federal level with limited sub-national oversight, the ambiguous concept of indigeneity, and the overlapping, often contradictory land tenure systems endorsed. All of these allude to the precariousness of Nigerian federalism under the current constitution; ultimately, the police centralization primes the country for violence, while the indigeneity rules and land tenure system make it more difficult to negotiate stable post-conflict settlements. The country’s recent experience with Boko Haram will be used to illustrate how these constitutional tenets facilitate instability.

  3. Analysis of undergraduate cell biology contents in Brazilian public universities.

    Science.gov (United States)

    Mermelstein, Claudia; Costa, Manoel Luis

    2017-04-01

    The enormous amount of information available in cell biology has created a challenge in selecting the core concepts we should be teaching our undergraduates. One way to define a set of essential core ideas in cell biology is to analyze what a specific cell biology community is teaching their students. Our main objective was to analyze the cell biology content currently being taught in Brazilian universities. We collected the syllabi of cell biology courses from public universities in Brazil and analyzed the frequency of cell biology topics in each course. We also compared the Brazilian data with the contents of a major cell biology textbook. Our analysis showed that while some cell biology topics such as plasma membrane and cytoskeleton was present in ∼100% of the Brazilian curricula analyzed others such as cell signaling and cell differentiation were present in only ∼35%. The average cell biology content taught in the Brazilian universities is quite different from what is presented in the textbook. We discuss several possible explanations for these observations. We also suggest a list with essential cell biology topics for any biological or biomedical undergraduate course. The comparative discussion of cell biology topics presented here could be valuable in other educational contexts. © 2017 The Authors. Cell Biology International Published by John Wiley & Sons Ltd on behalf of International Federation of Cell Biology.

  4. Microbial diversity in Brazilian mangrove sediments – a mini review

    Science.gov (United States)

    Ghizelini, Angela Michelato; Mendonça-Hagler, Leda Cristina Santana; Macrae, Andrew

    2012-01-01

    The importance and protection of mangrove ecosystems has been recognized in Brazilian Federal law since 1965. Being protected in law, however, has not always guaranteed their protection in practice. Mangroves are found in coastal and estuarine locations, which are prime real estate for the growth of cities, ports and other economic activities important for Brazilian development. In this mini-review we introduce what mangroves are and why they are so important. We give a brief overview of the microbial diversity found in mangrove sediments and then focus on diversity studies from Brazilian mangroves. We highlight the breadth and depth of knowledge about mangrove microbial communities gained from studying Brazilian mangroves. We report on the exciting findings of molecular microbial ecology methods that have been very successfully applied to study bacterial communities. We note that there have been fewer studies that focus on fungal communities and that fungal diversity studies deserve more attention. The review ends with a look at how a combination of new molecular biology methods and isolation studies are being developed to monitor and conserve mangrove ecosystems and their associated microbial communities. These recent studies are having a global impact and we hope they will help to protect and re-establish mangrove ecosystems. PMID:24031949

  5. Status of the implementation of Brazilian National Repository

    International Nuclear Information System (INIS)

    Tello, Cledola Cassia Oliveira de

    2015-01-01

    In Brazil, the use of nuclear energy and radioisotopes is increasing and it already justifies the construction of a national repository for radioactive wastes of low and intermediate-level. The Brazilian National Commission for Nuclear Energy (CNEN) is legally responsible for designing and constructing intermediate and final storages for radioactive wastes generated in all Country, in accordance to Federal Law No. 10308. Additionally, the Brazilian Environmental Regulator (IBAMA) lately is imposing to the implementation of new nuclear installations (e.g. Angra 3 NPP and Brazilian Multipurpose Reactor) that the National Repository should be in construction, before the start-up of those ones. In November 2009, the RBMN Project Charter was signed. The RBMN Project aims at the implantation of a National Repository to dispose the radioactive wastes of low- and intermediate-level. Some aspects about the Repository construction are very challenging, mainly due to the licensing process, which will be made for two different regulatory bodies, nuclear and environmental. The main achievements obtained till now are the establishment of the current Brazilian radioactive waste inventory, the conceptual design and the selection of candidate sites for the repository. The current status of the Project is summarized. (author)

  6. Loss of constitutive ABCB1 expression in breast cancer associated with worse prognosis

    Directory of Open Access Journals (Sweden)

    Delou JM

    2017-06-01

    Full Text Available João Marcos de Azevedo Delou,1–3 Giselle Maria Vignal,4 Vanessa Índio-do-Brasil,2,5 Maria Theresa de Souza Accioly,4 Taiana Sousa Lopes da Silva,2 Diogo Nascimento Piranda,2,3 Marcelo Sobral-Leite,2,6 Marcelo Alex de Carvalho,2,7 Márcia Alves Marques Capella,1,8 Rosane Vianna-Jorge2,3,5 1Programa de Bioquímica e Biologia Celular, Instituto de Bioquímica Médica, Universidade Federal do Rio de Janeiro, 2Programa de Farmacologia, Coordenação de Pesquisa, Instituto Nacional de Câncer, 3Instituto de Ciências Biomédicas, Universidade Federal do Rio de Janeiro, 4Divisão de Patologia, Instituto Nacional de Câncer, 5Escola Nacional de Saúde Pública – FIOCRUZ, Rio de Janeiro, Brazil; 6Department of Molecular Pathology, Netherlands Cancer Institute, Amsterdam, The Netherlands; 7Instituto Federal do Rio de Janeiro, 8Instituto de Biofísica Carlos Chagas Filho, Universidade Federal do Rio de Janeiro, Rio de Janeiro, Brazil Abstract: ABCB1 gene encodes an adenosine 5’-triphosphate–binding cassette transporter, which not only confers multidrug resistance phenotype in malignant cells, but is also present in several nonmalignant tissues. For the last thirty years, ABCB1 expression in breast cancer has been described by many authors, but the extent of expression differs among the studies, and there is no consensus regarding its potential role in carcinogenesis or in the tumor response to antineoplastic drugs. This study aimed to characterize the expression of ABCB1 in breast tumors as a function of genetic, clinical, and histopathological variables. The ABCB1 expression was also evaluated in nonmalignant mammary tissues adjacent to tumors and in benign lesions. The detection of ABCB1 protein was performed by immunohistochemistry in tissue specimens of excised breasts obtained from a prospective cohort of Brazilian women with breast cancer. The association of ABCB1 protein levels with ABCB1 mRNA, gene polymorphisms, and clinical and

  7. Rapid naming, phonological memory and reading fluency in Brazilian bilingual students.

    Science.gov (United States)

    Fleury, Fernanda Oppenheimer; Avila, Clara Regina Brandão de

    2015-01-01

    To characterize the performance of Brazilian students exposed to two languages in reading fluency, phonological memory, and rapid naming, according to grade level, and to investigate correlations between these variables. Sixty students took part in this study (50% female), enrolled in the third to the fifth grades of two elementary schools of the city of São Paulo. They constituted two groups - bilingual group: 30 Brazilian children whose mother tongue and language spoken at home was Brazilian Portuguese and who were daily exposed to English at school for a period not shorter than three years; monolingual group: 30 students, from a monolingual Brazilian elementary school, who were paired by gender, age, and grade level with the bilingual students. Foreign children, children with complaint or indication of speech and language disorder, or who had been retained were excluded. A rapid automatized naming, pseudoword repetition, and oral reading tests were administered. The bilingual children were assessed in both languages and their performances were compared among themselves and with the monolingual group, which was only assessed in Brazilian Portuguese. The bilingual group showed better performance in English, rapid naming, and pseudoword repetition tasks, whereas Brazilian Portuguese, in reading fluency. A higher number of correlations were found in Brazilian Portuguese. The results suggest that the acquisition of a second language may positively influence the abilities of rapid naming, reading rate, and accuracy. Brazilian bilingual students performed better in tasks of phonological memory in English and Brazilian Portuguese performed better in reading fluency. Different correlation patterns were found between the rapid naming, accuracy, and reading rate, in the bilingual group analysis, in both languages.

  8. Childrens' Rights in the South African Constitution

    Directory of Open Access Journals (Sweden)

    JA Robinson

    2003-10-01

    Full Text Available Children were in many respects defenceless victims of discriminatory practices in ‘apartheid South Africa’. In fact, discrimination on the basis of gender, race and other inequalities were inscribed in the social fabric of the previous constitutional dispensation. The constitutional dispensation that came into effect on the 27th April 1994 was therefore designed to innovate social, political and legal structures that would be radically different from those of the country’s past history.In this contribution the impact of the Constitution upon the rights of children are considered. In order to fathom the impact. a general overview of constitutional principles and provisions necessary for the comprehension of the rights of children is provided. Thereafter the rights of children expressly mentioned in the Constitution will be addressed. Attention is also paid to the equal protection and non-discrimination provisions of the Constitution, albeit only indirectly.

  9. Morality in the Brazilian Constitution and Its Effects on Finance Administration

    Directory of Open Access Journals (Sweden)

    Demetrius Nichele Macei

    2016-06-01

    Full Text Available This study aims to identify the meaning and scope of Public Morality Principle. Using the deductive method of presentation of the study, it starts by drawing a picture on the theoretical framework of positivism, through post-positivism and ending in me- thodic-axiological positivism by Heleno Torres. Deals with the influence of private law in public law. Addresses the need for control of judicial decisions and the principle of Legal Security. Following analyzes the principle of morality relating it on justice, equality and legality. Then addresses the principle of legitimate trust and finally, comes the good faith of the public administration, again related to private law, and concludes with aspects of tax law interpretation, the moral of the tax authorities and the taxpayer.

  10. The constitutional control system in Colombia

    OpenAIRE

    Luis Javier Moreno Ortiz

    2010-01-01

    The system of constitutional control in Colombia designed in the Legislative Act n.º 3 of 1910 is a milestone in a long and fruitful political and constitutional tradition owes much to his Hispanic roots and its American developments. Both the public action of unconstitutionality as the plea of unconstitutionality have clear precedents in the constitutionalism of Spain and the Colony were prepared by a Constituent Assembly acted with knowledge and faithfulness to that tradition and have been ...

  11. Competition And Antitrust Law In Ecuadorian Constitution

    OpenAIRE

    Marcelo Marín Sevilla

    2013-01-01

    This work allows us to establish the Economic Constitution and the Competition Law (C.L) in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and appropriate with the Constitution of Ecuador. The Competition and Antitrust Laws has rules for investigating and punishing the cartels, the abuses of power market (dominant position), the rules for merger control, the behaviors of Abuse of economic dependence, and unfair competi...

  12. Human Rights in Indonesian Constitutional Amendments

    OpenAIRE

    Kharlie, Ahmad Tholabi

    2013-01-01

    Human Rights in Indonesian Constitutional Amendments. Indonesian constitutional amendments incorporated human rights principles into the Constitution of the Republic of Indonesia 1945 (UUD NRI), especially in the second amendment in 2000. Under that amendment, the UUD NRI currently stipulates human rights principles as provided for in the Universal Declaration of Human Rights (UDHR). However, there are some important notes, which at its core is a lack of emphasis on the vision and mission of ...

  13. Constitutionalism and Democracy in Contemporary International Community

    OpenAIRE

    Padjen, Ivan

    1992-01-01

    Starting from the insight that jurisprudence of legal theory should be concerned primarily with,on the one hand, international law, and, on the other, constitutional developments, the paper; analyzes some prominent conceptions of constitutionalism and democracy in international community and municipal legal orders; formulates a new set of criteria for the analysis of constitutionalism and democracy in international law; and argues that Laswell and McDougal's policy oriented jurisprudence offe...

  14. Lodging of a constitutional complaint. Reason: Inhibition to hold a demonstration

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    The Federal Consitutional Court states the conditions allowing issue of a preliminary order of court - in this case, for reinstating the suspensive effect of a protest lodged against an inhibition to hold a demonstration, i.e. for allowing the demonstration to be held - in the event that due to lack of time the Federal Constitutional Court is not in a position to sufficiently clarify the state of facts. The constitutional complaint and petition for preliminary order had been filed at the evening before the day the demonstration was planned to be held. Judging from the facts and circumstances given in the notice inhibiting the demonstration, and the conditions stated by the Administrative Court, there is reason enough to presume that holding the demonstration near the building site of the Wackersdorf Reprocessing Plant will very likely lead to endangering public peace and order. Against this background, the Federal Constitutional Court cannot see reasons to deviate from the assessment of facts given in the decision protested against. This all the more as the wording of the attacked decisions is such that it can be assumed that the constitutional principles stated by the Federal Constitutional Court in its Brokdorf decision (of May 14, 1985) have duly been taken into account. (orig./HSCH) [de

  15. Nuclear supervision - Administration by the federal states on behalf of the Federal Government or direct federal administration for optimum achievement

    International Nuclear Information System (INIS)

    Renneberg, W.

    2005-01-01

    One year ago, Federal Minister for the Environment Juergen Trittin expressed doubt about the long-term viability of the federal states' acting on behalf of the federal government in the field of atomic energy law administration. An alternative to this type of administration was mentioned, namely direct execution by the feral government, and a thorough examination was announced. This was to show which type of administration would achieve maximum safety for the residual operating lives of nuclear power plants. Kienbaum Management Consultants were commissioned to evaluate the current status and potential alternative structures. That study was performed within the framework of one of the key projects in reactor safety of the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), namely the reform of nuclear administration. Further steps to be taken by the BMU by the end of this parliamentary term are presented. The federal state are to be approached in an attempt to conduct an unbiased discussion of the pros and cons of the alternatives to administration by the federal states on behalf of the federal government. Questions will be clarified which need to be examined in depth before direct administration by the federal government can be introduced. These include constitutional matters and matters of costing in financing the higher-level federal authority as well as specific questions about the organization of that authority. The purpose is to elaborate, by the end of this parliamentary term, a workable concept of introducing direct federal administration of nuclear safety. (orig.)

  16. Brazilian nursing history on the shoulders of giants.

    Science.gov (United States)

    Oguisso, T; de Freitas, G F

    2015-03-01

    This study describes the route followed by nursing in Brazil, through the foundation of nursing organizations and the emergence of nursing leaders and pioneers. To present the origins of modern nursing in Brazil, identifying the main nurse-leaders and analysing their performance for the creation and consolidation of the nursing organizations. It is a historical and social study with descriptive approach, to describe the process of Brazilian nursing professionalization and leadership through a literature review. The oldest nursing organization is the Brazilian Nursing Association that holds scientific and cultural activities. There are also nurses' unions and nursing specialty associations, such as the Brazilian Academy for the History of Nursing, and the Federal Nursing Council. The latter has compulsory membership for controlling nursing services according to the qualifications of the personnel. The very first school for nurses in the Nightingale system was created in São Paulo, 1894, at the Samaritan Hospital, and by the government in 1923, in Rio de Janeiro, for which American nurses, led by Ethel Parsons, sponsored by the Rockefeller Foundation, were essential for the creation of the Anna Nery Nursing School, still in operation within a federal university. Some nurses pioneered these works such as Edith Fraenkel, Maria Rosa Pinheiro, Amalia Carvalho and others. The work done by nursing leaders has brought to the profession a better status and made it more recognized by the society. © 2014 International Council of Nurses.

  17. Atypical Rulings of the Indonesian Constitutional Court

    Directory of Open Access Journals (Sweden)

    Bisariyadi

    2016-08-01

    Full Text Available In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011. Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (unconstitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.

  18. Appeal on constitutional grounds against Muelheim-Kaerlich nuclear power plant dismissed

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    On December 20, 1979 the Federal Constitutional Court dismissed an appeal against a decision by the Rheinland-Pfalz Higher Administrative Court, as of May 3rd, 1977, which at the time rescinded a decision to stop the construction of the Muehlheim-Kaerlich nuclear power plant. The essential reasons and principles underlying the decision to the Federal Constitutional Court (1 BvR 385/77) are given in fall. The dissentient opinion of two judges is also presented. (orig./HP) [de

  19. National Curriculum and Federalism: The Australian Experience

    Science.gov (United States)

    Harris-Hart, Catherine

    2010-01-01

    Whilst the past 35 years have seen numerous attempts at national curriculum collaboration in Australia, these have invariably failed largely due to the constitutional reality that the States have responsibility for curriculum. Federal government involvement in curriculum can only be achieved, therefore, with the consent of the States. To achieve…

  20. Two decades of research in the Brazilian areas of high natural radioactivity

    International Nuclear Information System (INIS)

    Cullen, T.L.; Paschoa, A.S.; Franca, E.P.; Costa-Ribeiro, C.; Barcinski, M.; Eisenbud, M.

    1980-01-01

    A review is made of the most important findings obtained in the decades 1960-1980 in the Brazilian regions of high natural radioactivity. The research was carried out by three university groups: Pontificia Universidade Catolica do Rio de Janeiro, Universidade Federal do Rio de Janeiro and New York Universisity. (Author) [pt

  1. Influences of economic development in the Brazilian energy efficiency projects

    Directory of Open Access Journals (Sweden)

    Javier Cárcel Carrasco

    2012-09-01

    Full Text Available This work has as main goal to present some of the issues regarding the effects of the Brazilian economy in the effectiveness of national energy efficiency projects in order to provide some guidelines for optimizing the energy saving actions. The replacement of traditional electric motors with high efficiency motors has been considered, or that brings innovation and increases the need to search for new technologies for Brazilian industries. We must consider whether this new paradigm requires a strong federal government's investment in Brazil in order to allow the implementation of energy efficiency programs, mainly in small and medium industries. This document is divided into three main parts. The first part deals with some aspects of the economic crisis. The second presents the most important data of the National Electricity Conservation (PROCEL and Energy Efficiency Program of the ANEEL (National Electric Energy Agency. The third shows data on Small and Medium Industries and how their energy efficiency programs were affected.

  2. Culture (and religion in constitutional adjudication

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    2003-10-01

    Full Text Available The faculty of law of the Potchefstroom University for Christian Higher Education in corroboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional Adjudication. The aim of the project is twofold. The first aim is to analyse the influence of political, socio-economic and cultural considerations on the constitutional court’s interpretation and application of the Bill of Rights. The second aim is to develop practical guidelines (based on the findings during the analysing process for South African courts confronted with issues of a political, socio-economic and cultural nature. This article is concerned with initiating discussions of the decisions of the constitutional court with regard to cultural and religious rights.Before we can explore the role of political, socio-economic and cultural (and religious rights in the decisions of the constitutional court it is important to discuss a few preliminary issues. In this article the meaning of culture and religion within the South African context receives some attention. Secondly, some preliminary comments regarding constitutional protection of culturally and religiously based rights will be made.We are well aware that this is a daunting task, not only in view of the seemingly abysmal gap between the applicable constitutional rights and values enshrined in the 1996 Constitution that, in some instances over centuries, brought about customs and practices within “traditional” communities which, seemingly, infringe on certain constitutional values and rights.

  3. National Constitutional Avenues for Further EU Integration

    NARCIS (Netherlands)

    Besselink, L.F.M.; Claes, M.; Imamovic, Š.; Reestman, J.H.

    2014-01-01

    This study investigates national constitutional limits to further EU integration and explores ways to overcome them. It includes an in-depth examination of the constitutional systems of 12 Member States (Croatia, the Czech Republic, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, the

  4. Constitutional provisions regarding juristic persons | Pienaar ...

    African Journals Online (AJOL)

    The interim Constitution of 1993 and the final Constitution of 1996 contain specific provisions applicable to juristic persons. Juristic persons are also entitled to the fundamental rights contained in the Bill of Rights to the extent that these rights are applicable to them. It must be kept in mind that juristic persons have peculiar ...

  5. Public and Constitutional Support for Character Education.

    Science.gov (United States)

    Vessels, Gordon G.; Boyd, Stephen M.

    1996-01-01

    Character education thrives on an informed understanding of constitutional principles and an inclusive commitment-building process. U.S. Supreme Court opinions that clarify public school students' free speech rights have established values education as a constitutionally acceptable practice. Challenges might lie in possible violations of the First…

  6. Assessing Brazilian educational inequalities

    Directory of Open Access Journals (Sweden)

    Benoit Lorel

    2008-03-01

    Full Text Available This paper provides an evaluation of schooling inequality in Brazil using different indicators such as the Education Gini coefficient, the Education Standard Deviation and the Average number of Years of Schooling. We draw up a statistical description of Brazilian human capital dispersion in time over the last half century, across regions and states. Our analysis suggests several conclusions: 1 Strong reduction of educational inequalities measured by Education Gini index. 2 A three parts picture of Brazil seems to emerge, reflecting initial conditions. 3 High increase of the Average number of Years of Schooling. 4 A significant link between Education Gini and the average education length. 5 Education Standard Deviation leads to inverted results compared to Education Gini. 6 Brazilian data are consistent with an Education Kuznets curve if we consider Education Standard Deviation.Esse trababalho busca avaliar o grau de desigualdade educacional no Brasil baseado-se em diferentes indicatores tais como: o índice de Gini educacional, os anos médios de escolaridade e no desvio padrão educacional. Tenta-se colocar uma descrição estatistica da distribuição do capital humano no Brasil, incluindo as diferenças estaduais e regionais observadas durante a ultima metade do século. As conclusões da nossa análise são as seguintes: 1 Forte reduç ão das desigualdades educativas calculadas com o Gini educacional. 2 Um retrato tripartido do Brasil parece se formar refletindo as condições iniciais. 3 Um forte aumento dos níveis de escolarização. 4 Uma relação significativa entre o Gini educacional e os anos médios de estudos. 5 O desvio padrão educacional leva aos resultados inversos do Gini educacional. 6 Os dados brasileiros admitem uma curva de Kuznets educacional se considerarmos o desvio padrão educacional.

  7. Nacao e Cidadania: A Constituicao de 1824 e Suas Implicacoes Politicas (Nation and Citizenship: The Constitution of 1824 and Its Political Implications).

    Science.gov (United States)

    Oliveira, Cecilia Helena Lorenzini de Salles

    1998-01-01

    Brings a different reading of 1824's Brazilian Imperial Political Constitution. Discusses some historical and political circumstances of the document's construction. Investigates practices, conceptions, and supports that could have clarified some principles stressed by the document, especially those related to citizenship matters. (PA)

  8. Complete genetic characterization of a Brazilian dengue virus type 3 strain isolated from a fatal outcome

    Directory of Open Access Journals (Sweden)

    Marize Pereira Miagostovich

    2006-05-01

    Full Text Available We have determined the complete nucleotide and the deduced amino acid sequences of Brazilian dengue virus type 3 (DENV-3 from a dengue case with fatal outcome, which occurred during an epidemic in the state of Rio de Janeiro, Brazil, in 2002. This constitutes the first complete genetic characterization of a Brazilian DENV-3 strain since its introduction into the country in 2001. DENV-3 was responsible for the most severe dengue epidemic in the state, based on the highest number of reported cases and on the severity of clinical manifestations and deaths reported.

  9. Vigilância de Fatores de Risco para Doenças Crônicas por Inquérito Telefônico nas capitais dos 26 estados brasileiros e no Distrito Federal (2006 Surveillance of risk-factors for chronic diseases through telephone interviews in 27 Brazilian cities (2006

    Directory of Open Access Journals (Sweden)

    Erly Catarina Moura

    2008-05-01

    ção foram observadas entre as cidades, com padrões de distribuição regional diferenciados por fator. DISCUSSÃO: O desempenho do sistema, avaliado a partir da qualidade dos cadastros telefônicos e de taxas de resposta e de recusas, mostrou-se adequado e, de modo geral, superior ao encontrado em sistemas equivalentes existentes em países desenvolvidos. O custo do sistema de R$ 31,15 por entrevista realizada, foi a metade do custo observado no sistema americano de vigilância de fatores de risco para doenças crônicas por inquérito telefônico e um quinto do custo estimado em inquérito domiciliar tradicional realizado recentemente no Brasil.OBJECTIVES: To describe methods and initial findings of the Surveillance System of Risk and Protective Factors for Chronic Non-Communicable Diseases through Telephone Interviews - VIGITEL implemented in Brazil in 2006. METHODS: VIGITEL studied random samples of individuals with 18 years of age or more living in households with telephones in each capital of the 26 Brazilian states and the Federal District (54,369 total individuals, and at least 2,000 per city. Sampling was based on complete electronic telephone directories in each city and included random selection of phone lines (households and random selection of the household member to be interviewed. The questionnaire investigated demographic and socioeconomic characteristics, diet patterns, physical activity, smoking, consumption of alcoholic beverages, recalled weight and height, and other topics. Prevalence estimates of selected protective and risk factors, stratified by gender with corresponding 95% Confidence Intervals, were calculated for the adult population of each city using sample weighing factors designed to equalize the sample socio-demographic distribution in each city to the distribution observed in the same city in the Demographic Census of 2000. Estimates were also calculated for all cities together using additional sample weighing that took into account the

  10. THE JUDGE'S PROBATIVE INITIATIVE: CONTRASTS AND LIMITATIONS FROM THE LEGAL-CONSTITUTIONAL PARADIGM OF LAWFUL DEMOCRATIC STATE

    Directory of Open Access Journals (Sweden)

    Igor Alves Noberto Soares

    2016-12-01

    Full Text Available This article will reflect on the production of proof by the judge, in the context of Criminal Procedure, according to the rules presents in the brazilian legal system. Therefore, the critcial incursions will take into account the technical constructions expressed from the legal and constitutional paradigm of Lawful Democratic State, in order to counter the currently permissive system that confers, to judging agent, the probative initiative.

  11. The Regulated Third Sector: Administrative Practices Of Citizenship And Constitutional Efficiency Applied

    Directory of Open Access Journals (Sweden)

    Mateus Moura de Oliveira

    2016-12-01

    Full Text Available Beginning from an approach about the evolution of organizational models of the States, this work goals, initially, outline the evolution of these models in the Brazilian State, analyzing the development of the Third Sector as an exponent of the Managing State. Establish afterwards the development of the entities of civil society and the urge for its regulation due to dissemination of its many species. After short report of the most recent regulatory practices, the importance of the Sector concludes itself as apex of the active role of citizenship, whereas advocate the constitutional efficiency in the atuation of such entities.

  12. Extraordinary Appeal´S General Repercussion and Third Parties in the Constitutional Jurisdiction

    Directory of Open Access Journals (Sweden)

    Edilene Lôbo

    2016-06-01

    Full Text Available General repercussion, aiming to fight excess of extraordinary appeals and unifying jurisprudence through serial rulings, reveals an essential technique to make collective rights feasible. However, recent procedural legislation gave powers to decide on the matter (exercising the admissibility appraisal of the extraordinary appeal to the lower courts, taking it from the Brazilian Supreme Court, at the same time only accepting organizations as thirdparties. This situation goes against the Democratic Constitutional Procedure paradigm, signaling this work´s goal: to redesign the situation starting from the Open Society of Interpreters theory and from the legal procedure as a theory of the democratic ruling.

  13. Federal supervisory powers in administrative action on behalf of the Federal Government. Bundesaufsicht in der Bundesauftragsverwaltung

    Energy Technology Data Exchange (ETDEWEB)

    Tschentscher, T

    1992-01-01

    The Federal Government's authority to give instructions in matters of public administration pursuant to Art. 85 III GG has been gaining in significance over the last few years in the course of federal disputes about the licenses issued to the NUKEM company under atomic energy law, or about the licensing of the Kalkar fast breeder reactor. Proceeding from the above federal controversy about issues relating to atomic energy law, the author extends his study to the general constitutional level, investigating the provisions of the German constitution relating to the supervisory power and the authority to give instructions on the part of the Federal Government, and the rights and means of the Laender governments to defend their administrative rights. (orig.).

  14. Constitutional Politics, Constitutional Texts and Democratic Variety in Central and Eastern Europe

    OpenAIRE

    Blokker, Paul

    2008-01-01

    In the paper, it is argued that democratization in Central and Eastern Europe involves important forms of differentiation of democracy, rather than merely convergence to a singular – liberal-democratic, constitutional - model. One way of taking up democratic differentiation in post-communist societies is by analysing the constitutional documents of the new democratic orders, and the constitutional politics leading to the foundational documents. In a first step, the paper analyses constitution...

  15. CONSTITUTIONAL INTERPRETATION OF ROMANIA: POST MODERNITY

    Directory of Open Access Journals (Sweden)

    P. RATHNASWAMY

    2017-06-01

    Full Text Available Austria had in 1920 Constitutional Court followed by Italy in 1946, Germany in 1949, Romania in 1989, South Africa in 1991, and Ethiopia in 1995. Each Constitution has its provisions on the constitutional interpretation. Romania has its own provisions and it is considered here its legality and the best possible measures and recommendations for future. Judicial power is vested in judiciary to interpret constitution, laws, and actions of other organs of government. Judicial review is the function resulted upon judicial power. Political body joins through the appointment of its members in the judicial review and it limits the independence of judiciary. It also reduces the values of separation of powers. Challenges and opportunities of growth and development do influence the spirit of separation of powers and judicial independence. The principle of inherent judicial power in judiciary inducts upon the constitutional interpretation. Thus, the principles of constitutional interpretation are varying in Romania and other similar constitutional courts of Germany, Ethiopia, and Italy but not in South Africa.

  16. Fiscal Federalism and Local Government Finance in Nigeria

    Science.gov (United States)

    Alo, Ejikeme Nonso

    2012-01-01

    Fiscal federalism deals with the sharing of resources in a federated nation. Over the years problems about local government finance have become an important aspect of intergovernmental relations. Constitutionally, local government is the third tier of government which exists as an independent entity, possessing some degree of autonomy and…

  17. Federal Finance: What can South Sudan and Somalia Learn from ...

    African Journals Online (AJOL)

    user

    Section. 5concludes. 2. Literature on federal finance. Federal system is a form of government where power ..... end of 2004 and the adoption of provisional constitution and formation of ..... However, due to its strategic importance .... 7 See Article 11 sub-article 2 (k) and Article 54 of the Addis Ababa City Government Revised.

  18. On the Constitution and the Constitutions in Contemporary Egypt (2011-2014: Analysis and Early Thoughts

    Directory of Open Access Journals (Sweden)

    José Carlos Castañeda Reyes

    2016-01-01

    world witnessed, a testament to what massive popular participation can attain. We believe the Constitution has true potential to guide the forces of change in the country. Therefore, the struggle for “bread, freedom, social justice and human dignity” will continue and is actually continuing in the Nile country via constitutional and non-constitutional means.

  19. Sports Injuries in Brazilian Blind Footballers

    OpenAIRE

    Silva, MPME; Morato, MP; Bilzon, JLJ; Duarte, E

    2013-01-01

    The purpose of this study was to assess the characteristics and prevalence of sports-related injuries in visually disabled athletes of the Brazilian football 5-a-side team. The participants were 13 male athletes, all classified as B1 visual class, members of the Brazilian team, who played in five consecutive international competitions. Data were collected using the Brazilian Paralympic Committee and the Brazilian Confederation of Sports for the Blind report form. From the total of 13 athletes...

  20. Swiss Federal Law on the Genetic Testing of Humans

    OpenAIRE

    森, 芳周

    2009-01-01

    To add an article against the misuse of a reproductive technology and a genetic engineering, theSwiss Federal Constitution was revised in 1992 through an initiative in 1987. On the basis of thisarticle of the constitution, the Reproductive Medicine Act and the Stem Cell Research Act wereenacted in turns; then, the Federal Law on the Genetic Testing of Humans was enacted in October2004. This paper treats a process of the revision of the constitution in 1992 and the enactment of thelaw in 2004....

  1. The constitutional control system in Colombia

    Directory of Open Access Journals (Sweden)

    Luis Javier Moreno Ortiz

    2010-12-01

    Full Text Available The system of constitutional control in Colombia designed in the Legislative Act n.º 3 of 1910 is a milestone in a long and fruitful political and constitutional tradition owes much to his Hispanic roots and its American developments. Both the public action of unconstitutionality as the plea of unconstitutionality have clear precedents in the constitutionalism of Spain and the Colony were prepared by a Constituent Assembly acted with knowledge and faithfulness to that tradition and have been and are institutions of our capital social and democratic state of law.

  2. Elastic-plastic constitutive modeling of concrete

    International Nuclear Information System (INIS)

    Takahashi, Y.

    1983-03-01

    The need to understand concrete behavior under high temperatures in the nuclear industry has become rather accute. For this purpose, a constitutive model of concrete especially developed for this severe environment is indispensable. This report reviews the presently available constitutive models of concrete at standard-temperature conditions and considers their advantages and drawbacks. A rather simple but effective approach is selected to treat concrete behavior at high temperatures. Special emphasis is devoted to the modeling of concrete up to and including failure. The derived constitutive model is checked with biaxial and triaxial benchmark experimental results. Very good agreement is obtained

  3. Constitutive relations for nuclear reactor core materials

    International Nuclear Information System (INIS)

    Zaverl, F. Jr.; Lee, D.

    1978-01-01

    A strain rate dependent constitutive equation is proposed which is capable of describing inelastic deformation behavior of anisotropic metals, such as Zircaloys, under complex loading conditions. The salient features of the constitutive equations are that they describe history dependent inelastic deformation behaviour of anisotropic metals under three-dimensional stress states in the presence of fast neutron flux. It is shown that the general form of the constitutive relations is consistent with experimental observations made under both unirradiated and irradiated conditions. The utility of the model is demonstrated by examining the analytical results obtained for a segment of tubing undergoing different loading histories in a reactor. (Auth.)

  4. Constitutional problems in the handling of plutonium

    International Nuclear Information System (INIS)

    Papier, H.J.

    1989-01-01

    In principle the decision between direct storage and reprocessing comes into the scope of regulation by the first or second power, resp., reserved for them according to the constitutional principle of necessity. The author thinks that a possibly increased hazard potential might result in increased protection requirements or protection measures as envisaged by the licensing preconditions of the Atomic Energy Law and those of other normative protection regulations. This is no issue of constitutional jurisdiction but of political intent and technical-economic capabilities whether or not certain technologies are precluded a prior or permitted and implemented at a safety level satisfying the specific constitutional protection requirements. (orig./HSCH) [de

  5. Competition And Antitrust Law In Ecuadorian Constitution

    Directory of Open Access Journals (Sweden)

    Marcelo Marín Sevilla

    2013-01-01

    Full Text Available This work allows us to establish the Economic Constitution and the Competition Law (C.L in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and appropriate with the Constitution of Ecuador. The Competition and Antitrust Laws has rules for investigating and punishing the cartels, the abuses of power market (dominant position, the rules for merger control, the behaviors of Abuse of economic dependence, and unfair competition behaviors. Always the Antitrust Authority will analyze these behaviors in terms of welfare of both: the consumer and the market.

  6. Ronald Reagan's "New Federalism."

    Science.gov (United States)

    Parker, Joseph B.

    1982-01-01

    Describes how changes in federal fiscal policies affect the federal government's relationship to state and local government. Franklin D. Roosevelt's and Ronald Reagan's formulas for "New Federalism" are compared. (AM)

  7. Teaching "United States v. Windsor": The Defense of Marriage Act and Its Constitutional Implications

    Science.gov (United States)

    Ciocchetti, Corey

    2014-01-01

    This article represents background material that can be used e along with the "United States v. Windsor" case to teach Constitutional Law (particularly federalism, due process, and equal protection) and the legal debate surrounding same-sex marriage in America. Professors may assign it as background reading before or after a…

  8. Land-restoration provisions of the Surface Mining Control and Reclamation Act: constitutional considerations

    Energy Technology Data Exchange (ETDEWEB)

    Eichbaum, W.M.; Buente, D.T.

    1980-01-01

    This examination of the land-capability requirements of SMCRA rested upon the proposition that a proper application of constitutional principles requires an appreciation of changing national conditions. Accordingly, this article examined the possible Fifth and Tenth Amendment challenges to SMCRA's land-capability provisions in the context of an evolving history of national concern over natural resources and in light of lengthy congressional deliberations based on concern for future national environmental and energy needs. The analysis suggests that SMCRA's land-capability requirements are well within the constitutional authority of the national government. The history of environmental protection legislation in the 1970's suggests that Federal action will increasingly impose regulatory restraints on the use of privately-owned natural resources. This trend is meeting strong resistance, including varied demands to reduce the impact and scope of Federal regulation. While the conclusion may be limited to SMCRA, its approach to examining constitutional challenges to Federal regulation protecting natural resources can be broadly applied. Natural resources are essential, finite, and irrevocably threatened by human activity. In the absence of effective state action, Federal protective action to provide national management of those resources is necessary and consistent with constitutional principles. 184 references.

  9. "Woman's Place" in the Constitution: The Supreme Court and Gender Discrimination

    Science.gov (United States)

    Levin, Betsy

    1975-01-01

    Article discussed the Supreme Court's response to constitutional attacks from state and federal laws on women's rights, the judicial treatment of racially-based discrimination versus that of gender-based discrimination, and the most recent Supreme Court decisions on gender-based discrimination. (Author/RK)

  10. Dynamic constitutional frameworks for DNA biomimetic recognition.

    Science.gov (United States)

    Catana, Romina; Barboiu, Mihail; Moleavin, Ioana; Clima, Lilia; Rotaru, Alexandru; Ursu, Elena-Laura; Pinteala, Mariana

    2015-02-07

    Linear and cross-linked dynamic constitutional frameworks generated from reversibly interacting linear PEG/core constituents and cationic sites shed light on the dominant coiling versus linear DNA binding behaviours, closer to the histone DNA binding wrapping mechanism.

  11. Constitutive modeling of metastable austenitic stainless steel

    NARCIS (Netherlands)

    Perdahcioglu, Emin Semih; Geijselaers, Hubertus J.M.; Huetink, Han; Khan, A.

    2010-01-01

    A physically based, macroscale constitutive model has been developed that can describe the complex mechanical behavior of metastable austenitic stainless steels. In the developed model a generalized model for the mechanically induced martensitic transformation is introduced. Mechanical tests have

  12. Constitutional Provisions And Administrative Disciplinary Powers ...

    African Journals Online (AJOL)

    Constitutional Provisions And Administrative Disciplinary Powers: The Medical ... and Dental Practitioners Act. This process of administrative adjudication is ... the rights guaranteed to the professionals when they appear before the Tribunal.

  13. Constitutive properties of salt from four sites

    International Nuclear Information System (INIS)

    Pfeifle, T.W.; Mellegard, K.D.; Senseny, P.E.

    1983-04-01

    Results are presented from laboratory strength and creep tests performed on salt specimens from the Richton dome in Mississippi, the Vacherie dome in Louisiana, the Permian basin in Texas, and the Paradox basin in Utah. The constitutive properties obtained are the elastic moduli and the failure envelope at 24 0 C and parameter values for the baseline creep law. Some additional data are presented to indicate how the elastic moduli and strength change with temperature. The constitutive properties given in this report and subsequent numerical simulations will serve as input to the screening of site locations for a nuclear-waste repository. The matrix of tests performed is the minimum effort required to obtain these constitutive properties. Comparison of results with those obtained for sites that have been characterized in greater detail suggests that the constitutive parameter values obtained are adequate for site-screening activity

  14. Democracy, Citizen Sovereignty and Constitutional Economics

    OpenAIRE

    Vanberg, Viktor J.

    2006-01-01

    This paper is an exercise in conceptual clarification. Its purpose is to explore the contribution that constitutional economics can make to the theory of democracy. Constitutional economics as the economics of rules is concerned with the study of how the choice of rules in the social, economic and political realm affects the nature of the processes of human interaction that evolve within these rules. The theory of democracy is concerned with institutionalorganizational problems of self-govern...

  15. A constitutional economics perspective on soft paternalism

    OpenAIRE

    Schnellenbach, Jan

    2015-01-01

    Using a framework that distinguishes short-term consumer preferences, individual reflective preferences and political preferences, we discuss from a constitutional economics perspective whether individuals find it in their common constitutional interest to endow representatives and bureaucrats with the competence to impose soft paternalist policies. The focus is specifically on soft paternalist policies, because these often work with non-transparent 'nudges' that are considered as manipulativ...

  16. Urgency of Attorney Governed by the Constitution

    Directory of Open Access Journals (Sweden)

    Rommy Patra

    2015-12-01

    Full Text Available Attorney existence in the Indonesian constitutional structure has a dilemma for this position. On one side is the Prosecutor’s law enforcement agencies to exercise power independently prosecution while on the other hand is part of a government institution under Law No. 16 of 2004 regarding the Attorney. The position of Attorney as an institution of government has been led to the independence of the Prosecutor is not optimal so that it appears stigma that the Prosecutor merely as a tool of the ruling power. In addition the terms of the arrangement just under the Act, the Attorney General has no legal standing as a constitutional organ that has the constitutional authority so that the current position does not reflect the urgency of its duties and functions. In an effort to organize the next Attorney institutions should be regulated directly by the Constitution. It is intended to make the Attorney as part of the main state organs have the same legal standing as other law enforcement agencies, the police and the courts (Supreme Court and Constitutional Court. As well as to strengthen and clarify the position as a state institution, prosecution authorities are focusing on the Attorney as central of authority, to fix the institutional relations between the members of law enforcement and related agencies and strengthen the independence of the Prosecutor in performing the function of prosecution in the constitutional structure of Indonesia.

  17. Separation of powers and constitutional loyalty

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2013-06-01

    Full Text Available The complexity and dynamics of political life leads to developments and reconsiderations in terms of classical theories of constitutional law. Such a process occurs also in the case of separation of powers. Many factors have a bearing on how this theory is currently translated into practice, which requires additional perspectives of analysis in order to develop improved models of cooperation and balance of powers, according to new political realities. This study aims at examining the principle of separation and balance of powers in terms of mutual respect and loyal cooperation between institutions, or, in a broader sense, of constitutional loyalty, an intrinsic value-principle of all constitutions, without which no fundamental law, no matter of how democratic it might be, could function properly2. Based on examination of concrete cases drawn from the case-law of the Constitutional Court of Romania, the study demonstrates that, in lack of constitutional loyalty, the objective pursued by enshrining the principle of separation of powers cannot be achieved effectively, i.e. compliance of public authorities and political actors with constitutional provisions is purely formal and the alleged collaboration between them is a "dialogue of the deaf" at the expense of democracy. The seriousness of the consequences of this type of behaviour requires identification of remedies. What are the limits and what solutions can be identified in this regard are questions that also we aim to answer.

  18. Brazilian and Cape Verdian literatures for Afro-Brazilian learning

    Directory of Open Access Journals (Sweden)

    Norma Sueli Rosa Lima

    2016-12-01

    Full Text Available This article proposes to examine the dialogue between the literary produc-tions from Brazil and Cape Verde from the point of view of the role and representation of orality (Creole / Brazilian Portuguese, colonial and post-colonial perspectives and their cultural and ethnic specificities.---DOI: http://dx.doi.org/10.21881/abriluff.2016n17a385

  19. No Underskirts in Africa: Edison Carneiro and the "Lineages" of Afro-Brazilian Religious Anthropology

    Directory of Open Access Journals (Sweden)

    Yvonne Maggie

    2015-04-01

    Full Text Available The article presents the folklorist, essayist, journalist and anthropologist Edison Carneiro (1912-1972 and situates him among the “lineages” or intellectual affiliations in the context of studies on Afro-Brazilian religious groups. Describing the life of Edison Carneiro, his relationship with American anthropologist Ruth Landes and his participation in the folkloric movement, I look to situate Carneiro among the various intellectual trends found within the study of Afro-Brazilian religions. I argue that the author occupied an ambiguous position in terms of the African presence in the constitution of Afro-Brazilian religions, showing close proximities to Ruth Landes, Franklin Frazier, Ruth Benedict, Donald Pierson and Robert Park on the one hand, and Melville Herskovitz, Roger Bastide and Arthur Ramos on the other. Carneiro’s studies of Candomblé de Caboclo express this double bind.

  20. Ultima Ratio as a Constitutional Principle

    Directory of Open Access Journals (Sweden)

    Kaarlo Tuori

    2013-01-01

    Full Text Available The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization. The role of ultima ratio is to impose limitations on criminalization. But constitutional doctrines also exist which call for criminalization and might even be seen as establishing a criminalization obligation. The paper examines three constitutional counter weights to ultima ratio. The first of these is discussed in the context of state constitutions. This is the cluster of the interrelated constitutional doctrines of the horizontal effect of fundamental rights and the protective duty of the state, as well as the understanding of collective security as a basic right. These doctrines are analysed in the light of the praxis of the German Constitutional Court and the Finnish Constitutional Law Committee. The two other constitutional counterweights are discussed at the level of the transnational, European constitution. These are the principles of precaution and effectiveness. Este artículo defiende que el concepto de ultima ratio es una instancia más amplia del principio de proporcionalidad dentro del derecho constitucional. Sin embargo, el ultima ratio no es el único principio relevante en la valoración constitucional de la criminalización. El papel del ultima ratio es imponer límites a la criminalización. Pero también existen doctrinas constitucionales que exigen la criminalización e incluso dan pie a entender que obligan a establecer una pena. El documento examina tres contrapesos constitucionales al ultima ratio. En primer lugar, se analiza en el contexto de las constituciones estatales. Este es el conjunto de las doctrinas constitucionales interrelacionadas entre el efecto horizontal de los derechos fundamentales y el deber de protección del Estado, así como la asunción de la seguridad colectiva

  1. Antiracism legislation in Brasil: approaching the application of the law in the Brazilian courts

    OpenAIRE

    Marta Rodriguez de Assis Machado; Natália Neris da Silva Santos; Carolina Cutrupi Ferreira

    2015-01-01

    The paper presents the main results of an empirical research on decisions in cases concerning racism, racial discrimination and racial slander handed down by Brazilian Appeal Courts. We analyzed 200 decisions from 1998 to 2010 that are available on the online databanks of the Appeal Courts of nine Brazilian Federal States (Acre, Bahia, Mato Grosso do Sul, Paraíba, Pernambuco, Rio de Janeiro, Rondônia, Rio Grande do Sul e São Paulo). The data presented allows us to discuss the current diagnosi...

  2. Stranding Events of Kogia Whales along the Brazilian Coast.

    Directory of Open Access Journals (Sweden)

    Jailson F Moura

    Full Text Available The genus Kogia, which comprises only two extant species, Kogia sima and Kogia breviceps, represents one of the least known groups of cetaceans in the global ocean. In some coastal regions, however, stranding events of these species have been relatively common over the last decades. Stranding provides the opportunity to investigate the biology of these cetaceans and to explore the epidemiological aspects associated with the mortality of the organisms found on the beach. A number of disturbances (including pelagic fisheries, chemical pollution, boat strikes, and noise pollution have been confirmed to pose a particular threat to the Kogia species. However, no study has yet investigated potential relationships between environmental conditions and stranding events. Here we analyse how a collection of environmental, physical, and biological variables, such as wind, sea surface temperature (SST, water depth, and chlorophyll-a, correlate to Kogia stranding events along the Brazilian coast. The results of our statistical analyses suggest that K. sima is more likely found in warm tropical waters, which provide an explanation for the high frequency of stranding in northeastern Brazilian coast. In contrast, K. breviceps appears to have a preference for temperate and productive waters. Wind speed results to be also an important factor for predicting Kogia strandings in Brazilian coast. Additionally, literature information in combination with our own data and analyses of stomach contents confirms that oceanic cephalopods constitute the primary nutritional source of both Kogia species. By using the available information as a qualitative proxy for habitat preference and feeding ecology, our study provides a novel and comprehensive assessment of Kogia stranding data in relation to environmental conditions along the Brazilian coast.

  3. New approaches for improving energy efficiency in the Brazilian industry

    Directory of Open Access Journals (Sweden)

    Paulo Henrique de Mello Santana

    2016-11-01

    Full Text Available The Brazilian government has been promoting energy efficiency measures for industry since the eighties but with very limited returns, as shown in this paper. The governments of some other countries dedicated much more effort and funds for this area and reached excellent results. The institutional arrangements and types of programmes adopted in these countries are briefly evaluated in the paper and provide valuable insights for several proposals put forward here to make more effective the Brazilian government actions directed to overcome market barriers and improve energy efficiency in the local industry. The proposed measures include the creation of Industrial Assessment Centres and an executive agency charged with the coordination of all energy efficiency programmes run by the Federal government. A large share of the Brazilian industry energy consumption comes from energy-intensive industrial branches. According to a recent survey, most of them have substantial energy conservation potentials. To materialize a fair amount of them, voluntary targets concerning energy efficiency gains should start to be negotiated between the Government and associations representing these industrial branches. Credit facilities and tax exemptions for energy-efficient equipment’s should be provided to stimulate the interest of the entrepreneurs and the setting-up of bolder targets.

  4. Epidemiology and treatment of psoriasis: a Brazilian perspective

    Directory of Open Access Journals (Sweden)

    Duarte GV

    2015-04-01

    Full Text Available Gleison V Duarte,1 Larissa Porto-Silva,2 Maria de Fátima Paim de Oliveira1 1Dermatology Department, Federal University of Bahia, Salvador, 2Escola Bahiana de Medicina e Saúde Pública, Salvador, BA, Brazil Abstract: Psoriasis is a chronic immune-mediated systemic disease that is influenced by genetic and environmental factors, is associated with comorbidities, and has a negative impact on the quality of life of affected individuals. The prevalence of psoriasis varies among different ethnic groups, but this topic has not been studied in Brazil to date. In this review, we evaluate the epidemiology and treatment of psoriasis from a Brazilian perspective. We focused on studies that involved Brazilian subjects. The prevalence of psoriasis in Brazil is estimated to be 2.5%, but no population study has been performed previously. Environmental factors, such as tropical climate, in association with genetic factors, such as miscegenation, may exert a beneficial impact on the course and frequency of psoriasis in Brazil. A number of studies have advanced our understanding of the cardiovascular, ophthalmic, and oral comorbidities that are associated with psoriasis. Concerns about biological therapy, such as endemic leprosy, human T-cell lymphotropic virus (HTLV, and tuberculosis infections, are discussed. The nonavailability of treatment options for psoriasis in the public health system contradicts the Brazilian Society of Dermatology guidelines, stimulating the judicialization of access to medicines in psoriasis care. Keywords: psoriasis, epidemiology, comorbidities, health services accessibility, health care disparities, insurance, health care costs

  5. REPRESENTATION OF DIFFERENCES IN BRAZILIAN JOURNALISTIC DISCOURSE

    Directory of Open Access Journals (Sweden)

    Fernando Resende

    2011-02-01

    Full Text Available Considering the technological advance, which enhances the
    production of mediatic discourses, and the notion of a libidinal power installed in our globalized societies, reflecting upon representation of differences seems to be a major issue. This essay discusses the production of journalistic discourses from an epistemological perspective. The field of media is taken as constituted by a triple component – discourse/narrative/machines – and we suggest that this triad has proved to be incomplete: discourse and narrative, once they really are vertexes of the triangle, are absences. Two journalistic-documentary productions – which intend to represent life in the slums of Brazil – are compared in order to reflect upon representation of differences in Brazilian journalistic discourse. In view of the up-to-date polarization and pulverization of discourses, we suggest that in the perspective of the journalistic discourse, one can only speak about alterity if one tries to comprehend the ways news is staged.

  6. Conflict between constitutional norms: monopoly of nuclear ore and the social function of property in Brazil

    International Nuclear Information System (INIS)

    Costa-de-Moura, Jorge

    2014-01-01

    This monograph broaches about the conflict existing between the social Constitution of 1988, in relation to what is disposed in the Article 5, XXIII and XXIV, entrenchment clause of immediate application that determines the social function of property in Brazil, and articles 21, XXIII, and 177, V, that stipulate the monopoly of ores containing nuclear elements, i.e., those containing the chemical elements uranium, thorium, and plutonium in economically exploitable amounts. Initially, the work deals with legal definitions for nuclear ore, nuclear policy of some countries, the economical concepts of the social function of property and the negative aspects related to the maintenance of the nuclear ore in the state monopole regime in confrontation with the economic and social interest also expressed in the Constitutional Valance of 1988. Finally, it is presented an actualized compilation of nuclear laws related to the Brazilian nuclear policy and a glossary of terms used in the nuclear policy conducted by the Brazilian Nuclear Regulatory Agency (CNEN). (author)

  7. Federated Identity Management

    OpenAIRE

    Chadwick, David W.

    2009-01-01

    Abstract. This paper addresses the topic of federated identity management. It discusses in detail the following topics: what is digital identity, what is identity management, what is federated identity management, Kim Camerons 7 Laws of Identity, how can we protect the users privacy in a federated environment, levels of assurance, some past and present federated identity management systems, and some current research in FIM.

  8. Federal Student Loan Programs

    Science.gov (United States)

    Federal Student Aid, US Department of Education, 2014

    2014-01-01

    For those needing a loan to attend college, think federal aid first. Federal student loans usually offer borrowers lower interest rates and have more flexible repayment terms and options than private student loans. This brief report answers the following questions about federal aid: (1) What is a federal student loan?; (2) What is a private…

  9. Trace elements in brazilian soils

    International Nuclear Information System (INIS)

    Rocha, Geraldo Cesar

    1995-01-01

    A literature revision on trace elements (Zn, B, Mn, Mo, Cu, Fe, and Cl) in Brazilian soils was prepared, with special attention to the chemical form and range in the soil, extraction methods and correlation of the amount in soils with soil properties

  10. BRAZILIAN EXPORTS OF MANUFACTURED WOOD

    Directory of Open Access Journals (Sweden)

    Rafael de Azevedo Calderon

    2010-08-01

    Full Text Available The present work deals with the Brazilian exports of sawnwood of non-coniferous, veneer sheets and plywood, from 1961 to 2002. The data regarding the three studied products, sawnwood of non-coniferous, veneer sheets and plywood, were joined through the method of Fisher so that an econometric evaluation of the market of the three products could be carried out. Supply and demand models of the Brazilian exports were specified. The results were satisfactory and they match with the literature. The supply of exports presented a positive answer in relation to the exporter's remuneration, to the production, to the use of the installed capacity (cycles of domestic economical activity and to the tendency, and negative in relation to the internal demand. The demand for the Brazilian exports was influenced positively by the world income, participation index and tendency, and negatively for the relative price. The low elasticity-price of the found demand can have implications in the conservation of the Brazilian forest resources because the exporters can increase the prices, reduce the amounts and still increase the incomes.

  11. The Brazilian sugarcane innovation system

    International Nuclear Information System (INIS)

    Tosi Furtado, Andre; Gaya Scandiffio, Mirna Ivonne; Barbosa Cortez, Luis Augusto

    2011-01-01

    Ethanol has recently been of great interest worldwide because it is a viable economic alternative to petroleum products and it is a renewable source of energy that mitigates the emission of greenhouse gases. Brazilian bioethanol from sugarcane is the most successful case at the world level because of its low cost and low level of greenhouse gas emissions. Brazil's success with sugarcane cannot be understood as based solely on a natural comparative advantage, but as a result of efforts that culminated in a positive trajectory of technological learning, relying mostly on incremental innovations. The purpose of this article is to analyze the key aspects of the innovation system built around the Brazilian sugarcane industry. It is based on the national innovation systems approach according to which innovation results from the interaction of different institutional actors. Institutional arrangements are analyzed as the basis for the innovative process, in particular R and D and the innovation policies and strategies of the main players in the sugarcane sector, including sugar and ethanol mills, industrial goods suppliers, public and private research institutions, and governmental agencies. - Research Highlights: → The Brazilian success in bioethanol is due to the sugarcane innovation system. → Private funds for R and D became central after IAA closure. → Nowadays Brazilian innovation system is transforming to keep its leadership. → Public funds for research in the second generation bioethanol.

  12. Deforestation in the Brazilian Amazon

    NARCIS (Netherlands)

    Boekhout van Solinge, T.|info:eu-repo/dai/nl/156696207

    2015-01-01

    This essay takes a (green) criminological and multidisciplinary perspective on deforestation in the Brazilian Amazon, by focusing on the crimes and damages that are associated with Amazonian deforestation. The analysis and results are partly based on longer ethnographic stays in North Brazil (Amazon

  13. Still the century of government savings banks? The Caixa Econômica Federal

    Directory of Open Access Journals (Sweden)

    Kurt von Mettenheim

    2006-03-01

    Full Text Available This article explores general concerns about government banking, social inclusion, and democracy through case study of the Brazilian federal government savings bank (Caixa Econômica Federal. Review of government savings banks in Brazilian history suggests that these institutions have been at the center of domestic political economy, expanding and contracting under a variety of political regimes and economic conditions. Since capitalization to meet central bank and Basel Accord guidelines in 2001, the Caixa has attempted to modernize, continue to serve as agent for government policies, and expand both popular credit and savings and investment banking activities.

  14. A constitutive theory of reacting electrolyte mixtures

    Science.gov (United States)

    Costa Reis, Martina; Wang, Yongqi; Bono Maurizio Sacchi Bassi, Adalberto

    2013-11-01

    A constitutive theory of reacting electrolyte mixtures is formulated. The intermolecular interactions among the constituents of the mixture are accounted for through additional freedom degrees to each constituent of the mixture. Balance equations for polar reacting continuum mixtures are accordingly formulated and a proper set of constitutive equations is derived with basis in the Müller-Liu formulation of the second law of thermodynamics. Moreover, the non-equilibrium and equilibrium responses of the reacting mixture are investigated in detail by emphasizing the inner and reactive structures of the medium. From the balance laws and constitutive relations, the effects of molecular structure of constituents upon the fluid flow are studied. It is also demonstrated that the local thermodynamic equilibrium state can be reached without imposing that the set of independent constitutive variables is time independent, neither spatially homogeneous nor null. The resulting constitutive relations presented throughout this work are of relevance to many practical applications, such as swelling of clays, developing of bio and polymeric membranes, and use of electrorheological fluids in industrial processes. The first author acknowledges financial support from National Counsel of Technological and Scientific Development (CNPq) and German Academic Exchange Service (DAAD).

  15. Loading method of core constituting elements

    International Nuclear Information System (INIS)

    Kasai, Shigeo

    1976-01-01

    Purpose: To provide a remote-controlled replacing method for core constituting elements in a liquid-metal cooling fast breeder, wherein particularly, the core constituting elements are prevented from being loaded on the core position other than as designated. Constitution: The method comprises a first step which determines a position of a suitable neutron shielding body in order to measure a reference level of complete insertion of the core constituting elements, a second step which inserts a gripper for a fuel exchanger, a third step which decides stroke dimensions of the complete insertion, and a fourth step which discriminates the core constituting elements to begin handling of fuel rods. The method further comprises a fifth step which determines a loading position of fuel rod, and a sixth step which inserts and loads fuel rods into the core. The method still further comprises a seventh step which compares and judges the dimension of loading stroke and the dimension of complete inserting stroke so that when coincided, loading is completed, and when not coincided, loading is not completed and then the cycle of the fourth step is repeated. (Kawakami, Y.)

  16. Constitutional Fundamentals of Conscription and Some Aspects of the Ordinary Legal Regulation of Constitutionality

    Directory of Open Access Journals (Sweden)

    Kenstavičienė Kristina

    2015-12-01

    Full Text Available Article 139 of the Constitution of the Republic of Lithuania is one of the constitutional fundamentals of state defense and stipulates the defense of the state as the right of citizens on the one hand and the duty on the other. This article of the Constitution gives the legislative power the right of discretion to detail by law the order of the implementation of citizens’ duty to perform military or alternative country defense service. Due to the reorganization of the armed forces into a professional and volunteer army, the issue of some ordinary regulation rules concerning the constitutionality of nationwide conscription, though at present suspended but not abolished, is becoming urgent. Though the Constitutional Court of the Republic of Lithuania presented their ruling on the constitutionality of the suspension of military conscription, it does not mean that all problems related to conscription have been settled. The aim of this article is to analyze the constitutional basis of nationwide conscription as well as the constitutionality of some ordinary regulation provisions related to nationwide conscription. Therefore, the issue to be analyzed is whether nationwide conscription, if it were to be implemented, complies with the constitutional principles of human equality and military justice1. Consequently, the question is posed how the constitutional objective of ensuring the defense of the state determines conscription. Because of the growing employment of the army abroad, yet the dwindling demand for conscripts, it should be explored whether the suspension of the nationwide conscription as a part of the defense reform is further feasible in order to guarantee the defense of the state. In answering the raised questions, the author will analyze the abundant and long-lasting constitutional doctrine of Germany which provides clarifications of the Basic Law, as the legal act of the establishing power, which can doubtless be of assistance in

  17. The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

    OpenAIRE

    Mak, C.

    2009-01-01

    This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is submitted that the further harmonisation of European contract law may contribute to the definition of the European constitutional order both on the institutional level (regarding the forms in which Eur...

  18. Constitutive equations for Zr1Nb. II

    International Nuclear Information System (INIS)

    Novak, J.

    1986-01-01

    Based on existing knowledge and constitutive equations for non-irradiated material, constitutive equations were written for Zr1Nb irradiated at 573 K at deformation in the direction of forming. Constitutive equations express the following material characteristics: dependence of shear strength on fast neutron fluence, superposition of deformation hardening and subsequent radiation hardening, the effect of stress on deformation rate, and for fluences above ca. 10 24 n.m -2 (E>1 MeV) the course of the deformation curve for various fluence levels. The values apply for temperatures and rates of deformation which are characteristic of transient processes during changes in the power output of fuel elements of pressurized water reactors. (J.B.)

  19. Extended constitutive laws for lamellar phases

    Directory of Open Access Journals (Sweden)

    Chi-Deuk Yoo

    2013-10-01

    Full Text Available Classically, stress and strain rate in linear viscoelastic materials are related by a constitutive relationship involving the viscoelastic modulus G(t. The same constitutive law, within Linear Response Theory, relates currents of conserved quantities and gradients of existing conjugate variables, and it involves the autocorrelation functions of the currents in equilibrium. We explore the consequences of the latter relationship in the case of a mesoscale model of a block copolymer, and derive the resulting relationship between viscous friction and order parameter diffusion that would result in a lamellar phase. We also explicitly consider in our derivation the fact that the dissipative part of the stress tensor must be consistent with the uniaxial symmetry of the phase. We then obtain a relationship between the stress and order parameter autocorrelation functions that can be interpreted as an extended constitutive law, one that offers a way to determine them from microscopic experiment or numerical simulation.

  20. [Etiologic spectrum of solitary constitutional syndrome].

    Science.gov (United States)

    Hernández Hernández, J L; Matorras Galán, P; Riancho Moral, J A; González-Macías, J

    2002-07-01

    To know the spectrum of diseases responsible for the solitary constitutional syndrome in our setting. This syndrome was defined as a clinical picture characterized by the presence of asthenia, anorexia, and weight loss of at least 5% of body weight in the last six months, not associated with any other symptom or sign suggesting the diagnosis of an organ or system disease. All patients diagnosed of the solitary constitutional syndrome (328) in a tertiary-care level teaching hospital between January 1991 and December 1996. Fifty-two (170) percent of patients with solitary constitutional syndrome were males and 48% (158) females. The mean age was 65.4%, ranging from 15 to 97 years. The average of the monthly estimated weight loss was 3 to 4 kilograms. A total of 115 (35%) malignant neoplasms and 5 (1.5%) benign tumors were diagnosed. The most common malignant tumors corresponded to the digestive tract (51.3% of the total malignant tumors). The second cause in frequency of the solitary constitutional syndrome corresponded to psychiatric diseases, with a total of 80 patients (24.3%). A total of 116 non-neoplastic organic diseases were detected, with digestive tract diseases --mainly peptic disease-- being the most common cause in this group. After follow-up, only in twenty cases were we unable to detect the underlying disease responsible for the syndrome. In nine of these, the solitary constitutional syndrome was self-limited. Forty-four percent of patients had at least another concomitant disease and in 24% of patients more than one associated condition was found. The most common diseases responsible for the solitary constitutional syndrome were, by decreasing frequency, malignant tumors, psychiatric disorders, and non-malignant organic diseases located in the digestive tract. A better knowledge of the etiological spectrum of this syndrome might be useful for a more efficient management of these patients.

  1. The claiming of the principle of proportionality: the acces of justice in the constitution O (re clamar do princípio da proporcionalidade: acesso à justiça na constituição

    Directory of Open Access Journals (Sweden)

    Valéria Ribas do Nascimento

    2007-12-01

    Full Text Available The constitutional principles possess determinative action in the effectiveness of all legal system. They act as the starting point for the interpretation of the constitutional and infraconstitutional rules. Amongst the principles that integrate the Constitutional Law, the principle of the proportionality receives more prominence, also in the jurisprudence of the Supreme Federal Court. This principle is not approved explicitly by the Constitution, but it exists in the legal world through hermeneutic process. Therefore is the necessity of verifying the effectiveness of this principle and its relation with the basic rights, through the study of the Constitution and the jurisprudence of the Supreme Federal Court. Thus, the present subject is of great relevance, so that, it approaches, regarding the solution of conflicts referent to the basic rights, as well as the access to justice in the Constitution. It acts, therefore in the protection of rights considered relevant for individuals and, consequently for the society. Being this afore stated, the importance of this principle is observed, directly related to the effectiveness of the guarantees of the individuals and to the promises of the Brazilian Democratic State. The used methodology is the dialectic that starts from the contraposition of ideas between different authors.Os princípios constitucionais possuem ação determinante na efetivação de todo o ordenamento jurídico. Eles atuam como ponto de partida para a interpretação das normas constitucionais e infraconstitucionais. Dentre os princípios que integram o Direito Constitucional, ganha cada vez mais destaque, inclusive na jurisprudência do Supremo Tribunal Federal, o princípio da proporcionalidade. Este princípio não é consagrado explicitamente pela Carta Constitucional, mas existe no mundo jurídico através do processo hermenêutico. Por isso a necessidade de se verificar a efetividade desse princípio e sua relação com os

  2. Design review of the Brazilian Experimental Solar Telescope

    Science.gov (United States)

    Dal Lago, A.; Vieira, L. E. A.; Albuquerque, B.; Castilho, B.; Guarnieri, F. L.; Cardoso, F. R.; Guerrero, G.; Rodríguez, J. M.; Santos, J.; Costa, J. E. R.; Palacios, J.; da Silva, L.; Alves, L. R.; Costa, L. L.; Sampaio, M.; Dias Silveira, M. V.; Domingues, M. O.; Rockenbach, M.; Aquino, M. C. O.; Soares, M. C. R.; Barbosa, M. J.; Mendes, O., Jr.; Jauer, P. R.; Branco, R.; Dallaqua, R.; Stekel, T. R. C.; Pinto, T. S. N.; Menconi, V. E.; Souza, V. M. C. E. S.; Gonzalez, W.; Rigozo, N.

    2015-12-01

    The Brazilian's National Institute for Space Research (INPE), in collaboration with the Engineering School of Lorena/University of São Paulo (EEL/USP), the Federal University of Minas Gerais (UFMG), and the Brazilian's National Laboratory for Astrophysics (LNA), is developing a solar vector magnetograph and visible-light imager to study solar processes through observations of the solar surface magnetic field. The Brazilian Experimental Solar Telescope is designed to obtain full disk magnetic field and line-of-sight velocity observations in the photosphere. Here we discuss the system requirements and the first design review of the instrument. The instrument is composed by a Ritchey-Chrétien telescope with a 500 mm aperture and 4000 mm focal length. LCD polarization modulators will be employed for the polarization analysis and a tuning Fabry-Perot filter for the wavelength scanning near the Fe II 630.25 nm line. Two large field-of-view, high-resolution 5.5 megapixel sCMOS cameras will be employed as sensors. Additionally, we describe the project management and system engineering approaches employed in this project. As the magnetic field anchored at the solar surface produces most of the structures and energetic events in the upper solar atmosphere and significantly influences the heliosphere, the development of this instrument plays an important role in advancing scientific knowledge in this field. In particular, the Brazilian's Space Weather program will benefit most from the development of this technology. We expect that this project will be the starting point to establish a strong research program on Solar Physics in Brazil. Our main aim is to progressively acquire the know-how to build state-of-art solar vector magnetograph and visible-light imagers for space-based platforms.

  3. Organization and development of the Brazilian nuclear program

    International Nuclear Information System (INIS)

    Pinto, C. Syllus M.; Alves, R. Nazare; Lepecki, W.; Costa, H.M. da; Grinberg, M.; Grimberg, M.

    1977-01-01

    The paper presents the Brazilian Nuclear Energy Program: its development until the present stage, as well as the organizations and the distribution of responsibilities involved in its execution at the present time. The nuclear power policy is established at the Presidency of the Republic and is planned, executed and controlled through the Ministry of Mines and Energy. Directly subject to the Ministry is the Brazilian Nuclear Energy Commission (CNEN), which has regulatory, standardization, licensing, planning and surveillance functions. The nuclear fundamental research and manpower formation are also under CNEN responsibility. Also subject to the Ministry are two companies responsible for the execution of the Programme: the Centrais Eletricas Brasileiras S.A. - ELETROBRAS, which advises on the granting of permits for the construction and operation of nuclear power plants, and the Empresas Nucleares Brasileiras S.A. - NUCLEBRAS, which holds the monopoly of the nuclear fuel cycle in the country, designs and builds nuclear power plants and provides assistance to the electric utilities as well as promotes the participation of the Brazilian industry in the nuclear field. Besides describing the new distribution of regulatory functions given by law to the CNEN, this paper gives special emphasis to the large industrial complex which is in the process of being established with the setting-up of the many NUCLEBRAS subsidiaries in joint-venture with German firms in the nuclear field, as a consequence of the Industrial Cooperation between Brazil and the Federal Republic of Germany in the Field of the Peaceful Uses of Nuclear Energy signed between the two countries on June 27, 1975. The programs for these subsidiaries are presented and their participation in the Brazilian Nuclear Energy Programme is discussed. The technology transfer aspects of the industrial activities are also discussed, based on the Government's policy on the subject [es

  4. Organization and development of the Brazilian nuclear programme

    International Nuclear Information System (INIS)

    Pinto, C.S.M.; Souza, J.A.M. de; Grinberg, M.; Alves, R.N.; Costa, H.M. da; Grimberg, M.

    1977-01-01

    The paper presents the Brazilian Nuclear Energy Programme, its development, the organizations and the distribution of responsibilities involved in its execution at the present time. The nuclear power policy is established at the Presidency of the Republic and is planned, executed and controlled through the Ministry of Mines and Energy. Directly subject to the Ministry is the Brazilian Nuclear Energy Commission (CNEN), which has regulatory, standardization, licensing, planning and surveillance functions. The nuclear fundamental research and manpower formation are also under CNEN responsibility. Also subject to the Ministry are two companies responsible for the execution of the Programme: the Centrais Eletricas Brasileiras S.A. - Eletrobras, which advises on the granting of permits for the construction and operation of nuclear power plants, and the Empresas Nucleares Brasileiras S.A. - Nuclebras, which holds the monopoly of the nuclear fuel cycle in the country, designs and builds nuclear power plants and provides assistance to the electric utilities and promotes the participation of Brazilian industry. Besides describing the new distribution of regulatory functions given by law to CNEN, the paper gives special emphasis to the large industrial complex in the process of being established through the setting-up of the many Nuclebras subsidiaries in joint venture with German firms under the Industrial Co-operation Agreement Between Brazil and the Federal Republic of Germany in the Field of the Peaceful Uses of Nuclear Energy. The programmes for these subsidiaries are presented and their participation in the Brazilian Nuclear Energy Programme is discussed. The technology transfer aspects of the industrial activities are also discussed. (author)

  5. Unilateral plea bargain as a logical result of the Brazilian due process’s constitucional guidelines

    Directory of Open Access Journals (Sweden)

    Marcos Paulo Dutra Santos

    2017-03-01

    Full Text Available This article analyzes the possibility of an unilateral plea bargain, not depending on a previous agreement with the prosecution. From the comparative study between the American and Italian bargained criminal justice and the one practiced in Brazil, it reveals the acceptance of this type of cooperation, according to the nature of the benefits involved, as a natural and inevitable consequence of the constitutional principles that guide Brazilian Criminal Procedure Law.

  6. Brazilian scientific publications of obstetrical nurses on home delivery: systematic literature review

    OpenAIRE

    Feyer, Iara Simoni Silveira; Monticelli, Marisa; Volkmer, Cilene; Burigo, Renata Angeloni

    2013-01-01

    This review study of national journals aimed at characterizing the scientific production of Brazilian nurses regarding home delivery and identifying the results achieved. A total of 27 studies were found, of which ten studies complied with the inclusion criteria, with eight constituting the analytical corpus in accordance with the Critical Appraisal Skills Program. Data were synthesized using the meta-ethnographic approach, following the interpretation of the reciprocal translation. Three cat...

  7. Licensing of nuclear power plants, immediate implementation, constitutional appeal

    International Nuclear Information System (INIS)

    Winters, K.P.

    1980-01-01

    The decision relates to part of the licensing procedure of the Muelheim-Kaerlich Nuclear Power Station. The subject of the complaint of unconstitutionality is the immediate execution of the 7th clearance within the framework of the 1st partial permit, which had been confined by the Rhineland-Palatinate Higher Administrative Court in a decision of May 2, 1977 (DVBl. 1977, p. 730). The Federal Constitutional Court regards the complaint of unconstitutionality as being unfounded. The court expresses itself especially on the assessment, under consnitutional aspects, of the material rules and rules of procedure pertaining to the licensing of nuclear power plants and of major changes in such plants. Moreover, the dissenting opinions of Justices Dr. Simon and Professor Heussner are quoted in excerpts. The comment by K.- P. Winters regards as the nucleus of the decision and of the dissenting vote the statements about the guarantee functions procedural rules have in ensuring effective protection of human rights. In his view, these statements of constitutional law are of fundamental significance for problems of atomic law and radiation protection law. (HSCH) [de

  8. Constitutional overhaul of the Assembly of the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    Fatmire Lumani

    2015-07-01

    Full Text Available The paper is a scientific study that aims at analyzing the overhaul of the Assembly of the Republic of Macedonia in the Albanian Constitution. Assembly of the Republic of Macedonia is a representative body of citizens and the bearer of legislative power in the Republic. It is a unicameral body. Its status and its activity is regulated by the Constitution and special laws on Parliament. The Republic of Macedonia is a unitary state, with a multiethnic society. The population is made up, by two ethnic groups, Macedonians and Albanians. In the Republic of Macedonia are included the minority of Turks, Serbs, Vlachs, Romas, Bosniaks and others. As a result of many minorities and 2 ethnic groups, the structure of the Assembly of the Republic of Macedonia, which is unicameral, does not respond and fit into the actual reality of the country. Therefore, changes should be made to this regard. This reality requires also a federalization of the Republic of Macedonia by guaranteeing the freedom and the right of self-determination of both majority groups, in this case Macedonians and Albanians. It should be noted, that the Republic of Macedonia, is divided into six electoral districts, with unequal numbers of voters and in this sense, changes in the Electoral Code should be undertaken.

  9. Energy transition in federalism; Energiewende im Foederalismus

    Energy Technology Data Exchange (ETDEWEB)

    Mueller, Thorsten; Kahl, Hartmut (eds.)

    2015-07-01

    The conference transcript assemble the presentations of the 10th Wuerzburg discussions for environmental energy law. The contributions discuss the political development objectives of the Federal Government and Federal States as well as the coordination tasks between the different political levels, inter alia, of constitutional and European law perspective. [German] Der Tagungsband versammelt die Vortraege der 10. Wuerzburger Gespraeche zum Umweltenergierecht. Die Beitraege eroertern die politischen Ausbauziele des Bundes und der Laender sowie die Koordinierungsaufgaben zwischen den verschiedenen Politikebenen u.a. aus verfassungs- und europarechtlicher Perspektive.

  10. 76 FR 77432 - Coordination of Federal Authorizations for Electric Transmission Facilities

    Science.gov (United States)

    2011-12-13

    ... Federal law for Qualifying Projects as defined in the rule, as well as establish a process whereby... law or that have Federalism implications. Agencies are required to examine the constitutional and... Projects can request DOE assistance in the Federal authorization process. Also, the proposed rule provides...

  11. Brazilian energy balance 2010 - year 2009

    International Nuclear Information System (INIS)

    2010-01-01

    The Brazilian energy balance - BEB - is divided into eight chapters and ten annexes, whose contents are as follow: chapter 1 - energy analysis and aggregated data - presents energy highlights per source in 2009 and analyses the evolution of the internal offer of energy and its relationship with economic growth in 2009; chapter 2 - energy supply and demand by source - has the accountancy, per primary and secondary energy sources, of the production, import, export, variation of stocks, losses, adjustments, disaggregated total per socioeconomic sector in the country; chapter 3 - energy consumption by sector - presents the final energy consumption classified by primary and secondary source for each sector of the economy; chapter 4 - energy imports and exports - presents the evolution of the data on the import and export of energy and the dependence on external energy; chapter 5 - balance of transformation centers - presents the energy balances for the energy transformation centers including their losses; chapter 6 - energy resources and reserves - has the basic concepts use in the survey of resources and reserves of primary energy sources, with the evolution of the data from 1974 to 2009, through graphs and tables; chapter 7 - energy and socioeconomics - contains a comparison of energy, economic and population parameters, specific consumption, energy intensities, average prices and spending on petroleum imports; Chapter 8 - state energy data - presents energy data for the states by Federal Unit, main energy source production, energy installations, reserves and hydraulic potential. (author)

  12. Brazilian energy balance 2009 - year 2008

    International Nuclear Information System (INIS)

    2009-01-01

    The Brazilian energy balance - BEB - is divided into eight chapters and ten annexes, whose contents are as follow: Chapter 1 - Energy Analysis and Aggregated Data - presents energy highlights per source in 2008 and analyses the evolution of the internal offer of energy and its relationship with economic growth in 2008; Chapter 2 - Energy Supply and Demand by Source - has the accountancy, per primary and secondary energy sources, of the production, import, export, variation of stocks, losses, adjustments, disaggregated total per socioeconomic sector in the country; Chapter 3 - Energy Consumption by Sector - presents the final energy consumption classified by primary and secondary source for each sector of the economy; Chapter 4 - Energy Imports and Exports - presents the evolution of the data on the import and export of energy and the dependence on external energy; Chapter 5 - Balance of Transformation Centers - presents the energy balances for the energy transformation centers including their losses; Chapter 6 - Energy Resources and Reserves - has the basic concepts use in the survey of resources and reserves of primary energy sources, with the evolution of the data from 1974 to 2008, through graphs and tables; Chapter 7 - Energy and Socioeconomics - contains a comparison of energy, economic and population parameters, specific consumption, energy intensities, average prices and spending on petroleum imports; Chapter 8 - State Energy Data - presents energy data for the states by Federal Unit, main energy source production, energy installations, reserves and hydraulic potential. (author)

  13. MODEL OF BRAZILIAN URBANIZATION: GENERAL NOTES

    Directory of Open Access Journals (Sweden)

    Leandro da Silva Guimarães

    2016-07-01

    Full Text Available The full text format seeks to analyze the social inequality in Brazil through the spatial process of that inequality in this sense it analyzes, scratching the edges of what is known of the Brazilian urbanization model and how this same model produced gentrification cities and exclusive. So search the text discuss the country’s urban exclusion through consolidation of what is conventionally called peripheral areas, or more generally, of peripheries. The text on screen is the result of research carried out at the Federal Fluminense University in Masters level. In this study, we tried to understand the genesis of an urban housing development located in São Gonçalo, Rio de Janeiro called Jardim Catarina. Understand what the problem space partner who originated it. In this sense, his analysis becomes consubstantial to understand the social and spatial inequalities in Brazil, as well as the role of the state as planning manager socio-spatial planning and principal agent in the solution of such problems. It is expected that with the realization of a study of greater amounts, from which this article is just a micro work can contribute subsidies that contribute to the arrangement and crystallization of public policies that give account of social inequalities and serve to leverage a country more fair and equitable cities.

  14. The U.S. Constitution in Today's World.

    Science.gov (United States)

    Patrick, John J.

    A comparative study of constitutions and governments in world history is a key to deeper understanding of the U.S. Constitution. While many countries have constitutions, the United States is among a minority of nations in today's world that has a constitutional government. Many nations' constitutions truly guarantee few protections of individual…

  15. Preliminary Validation of Composite Material Constitutive Characterization

    Science.gov (United States)

    John G. Michopoulos; Athanasios lliopoulos; John C. Hermanson; Adrian C. Orifici; Rodney S. Thomson

    2012-01-01

    This paper is describing the preliminary results of an effort to validate a methodology developed for composite material constitutive characterization. This methodology involves using massive amounts of data produced from multiaxially tested coupons via a 6-DoF robotic system called NRL66.3 developed at the Naval Research Laboratory. The testing is followed by...

  16. The parameters of constitutional conflict after Melloni

    NARCIS (Netherlands)

    Besselink, L.F.M.

    2014-01-01

    The judgment of the Court of Justice of the EU in Melloni makes clear that primacy of EU law is not about citizens’ rights: even the core of their constitutional rights under national law has to be set aside in favour of the "primacy, unity and effectiveness" of EU law. Melloni extends the duty to

  17. Crushed-salt constitutive model update

    International Nuclear Information System (INIS)

    Callahan, G.D.; Loken, M.C.; Mellegard, K.D.; Hansen, F.D.

    1998-01-01

    Modifications to the constitutive model used to describe the deformation of crushed salt are presented in this report. Two mechanisms--dislocation creep and grain boundary diffusional pressure solutioning--defined previously but used separately are combined to form the basis for the constitutive model governing the deformation of crushed salt. The constitutive model is generalized to represent three-dimensional states of stress. New creep consolidation tests are combined with an existing database that includes hydrostatic consolidation and shear consolidation tests conducted on Waste Isolation Pilot Plant and southeastern New Mexico salt to determine material parameters for the constitutive model. Nonlinear least-squares model fitting to data from the shear consolidation tests and a combination of the shear and hydrostatic consolidation tests produced two sets of material parameter values for the model. The change in material parameter values from test group to test group indicates the empirical nature of the model but demonstrates improvement over earlier work with the previous models. Key improvements are the ability to capture lateral strain reversal and better resolve parameter values. To demonstrate the predictive capability of the model, each parameter value set was used to predict each of the tests in the database. Based on the fitting statistics and the ability of the model to predict the test data, the model appears to capture the creep consolidation behavior of crushed salt quite well

  18. generalized constitutive model for stabilized quick clay

    African Journals Online (AJOL)

    QUICK CLAY. PANCRAS MUGISHAGWE BUJULU AND GUSTAV GRIMSTAD. ABSTRACT. An experimentally-based two yield surface constitutive model for cemented quick clay has been ... Clay Model, the Koiter Rule and two Mapping Rules. .... models, where a mobilization formulation is used, this is independent of q.

  19. Constitutive modelling of sandvik 1RK91

    NARCIS (Netherlands)

    Datta, K.; Datta, K.; Hommes, M.; Post, J.; Geijselaers, Hubertus J.M.; Huetink, Han; Beyer, J.; Onate, E; Owen, D.R.J

    2003-01-01

    A physically based constitutive equation is being developed for the maraging stainless steel Sandvik 1RK91. The steel is used to make precision parts. These parts are formed through multistage forming operations and heat treatments from cold rolled and annealed sheets. The specific alloy is designed

  20. Crushed-salt constitutive model update

    Energy Technology Data Exchange (ETDEWEB)

    Callahan, G.D.; Loken, M.C.; Mellegard, K.D. [RE/SPEC Inc., Rapid City, SD (United States); Hansen, F.D. [Sandia National Labs., Albuquerque, NM (United States)

    1998-01-01

    Modifications to the constitutive model used to describe the deformation of crushed salt are presented in this report. Two mechanisms--dislocation creep and grain boundary diffusional pressure solutioning--defined previously but used separately are combined to form the basis for the constitutive model governing the deformation of crushed salt. The constitutive model is generalized to represent three-dimensional states of stress. New creep consolidation tests are combined with an existing database that includes hydrostatic consolidation and shear consolidation tests conducted on Waste Isolation Pilot Plant and southeastern New Mexico salt to determine material parameters for the constitutive model. Nonlinear least-squares model fitting to data from the shear consolidation tests and a combination of the shear and hydrostatic consolidation tests produced two sets of material parameter values for the model. The change in material parameter values from test group to test group indicates the empirical nature of the model but demonstrates improvement over earlier work with the previous models. Key improvements are the ability to capture lateral strain reversal and better resolve parameter values. To demonstrate the predictive capability of the model, each parameter value set was used to predict each of the tests in the database. Based on the fitting statistics and the ability of the model to predict the test data, the model appears to capture the creep consolidation behavior of crushed salt quite well.

  1. Constitutive behavior of reconsolidating crushed salt

    International Nuclear Information System (INIS)

    Callahan, G.D.; Mellegard, K.D.; Hansen, F.D.

    1998-02-01

    The constitutive model used to describe deformation of crushed salt is presented in this paper. Two mechanisms--dislocation creep and grain boundary diffusional pressure solutioning--are combined to form the basis for the constitutive model governing deformation of crushed salt. The constitutive model is generalized to represent three-dimensional states of stress. Recently completed creep consolidation tests are combined with an existing database that includes hydrostatic consolidation and shear consolidation tests conducted on Waste Isolation Pilot Plant (WIPP) and southeastern New Mexico salt to determine material parameters for the constitutive model. Nonlinear least-squares model fitting to data from shear consolidation tests and a combination of shear and hydrostatic tests produces two sets of material parameter values for the model. Changes in material parameter values from test group to test group indicate the empirical nature of the model but show significant improvement over earlier work. To demonstrate the predictive capability of the model, each parameter value set was used to predict each of the tests in the database. Based on fitting statistics and ability of the model to predict test data, the model appears to capture the creep consolidation behavior of crushed salt quite well

  2. Between availability and entitlement: The Constitution, Grootboom ...

    African Journals Online (AJOL)

    Between availability and entitlement: The Constitution, Grootboom and the right to food. Danie Brand. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians ...

  3. The Air Force Officer and the Constitution

    Science.gov (United States)

    2010-02-17

    2. Enumerated Powers 3. Separation of Powers and Checks and Balances C. Ways to amend the U.S. Constitution D. The elements of the U.S...the courts ▪ judicial 14. What stops one branch of government from becoming too powerful? ▪ checks and balances ▪ separation of powers 15. Who

  4. Culture (and religion) in constitutional adjudication | Rautenbach ...

    African Journals Online (AJOL)

    The faculty of law of the Potchefstroom University for Christian Higher Education in corroboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional Adjudication. The aim of the project is twofold. The first aim is to analyse the influence of political, ...

  5. A model for TRIP steel constitutive behaviour

    NARCIS (Netherlands)

    Perdahcioglu, Emin Semih; Geijselaers, Hubertus J.M.; Menari, G

    2011-01-01

    A constitutive model is developed for TRIP steel. This is a steel which contains three or four different phases in its microstructure. One of the phases in TRIP steels is metastable austenite (Retained Austenite) which transforms to martensite upon deformation. The accompanying transformation strain

  6. Government and Ethics: The Constitutional Foundation.

    Science.gov (United States)

    Rossum, Ralph A.

    1984-01-01

    Government and ethics teachers should educate students in the "wholesale sanity" of American democracy. In particular they should (1) identify and defend the principles of the American constitutional order, (2) criticize government actions departing from these principles, and (3) seek means by which to correct for these departures. (RM)

  7. 118 CONSTITUTIONALISM AND GOOD GOVERNANCE IN NIGERIA

    African Journals Online (AJOL)

    Fr. Ikenga

    existence of a constitution in an autocratic regime, such regime can never be a .... in a democratic system posits that 'the ethical responsibility of leadership and ..... civil rule, it is believed that we shall soon get to that stage of western style of.

  8. Public health and the Australian Constitution.

    Science.gov (United States)

    Reynolds, C

    1995-06-01

    The powers vested in the Commonwealth Government by the Constitution contain the basis of much public health law in Australia. Yet this is not often recognised; public health law is generally, and historically, seen as the states' responsibility. This article surveys the broad range of constitutional powers that the Commonwealth Government can rely upon to make public health laws. It considers areas of power specified in the Constitution, such as those with respect to external affairs and corporations. Decisions of the High Court have interpreted the various heads of power very broadly and have significantly enhanced the potential of the Commonwealth to pass detailed and far-reaching public health law. To this fact must be added the taxation arrangements in Australia and, with these, the very extensive control that the Commonwealth can exercise through its monopoly of major taxation sources. Its power to make financial arrangements can tie dependent states into specific policies (including public health policies) as a condition of the grants made to them. However, these broad powers may be limited in some important respects: the High Court is increasingly identifying rights and freedoms in the Constitution that may increasingly bring both state and Commonwealth public health law under challenge. Despite this possibility, the Commonwealth may prove to be our most significant source of public health law, and public health policy makers should recognise the full potential of its power to make such laws.

  9. James Madison and the Constitutional Convention.

    Science.gov (United States)

    Scanlon, Thomas M.

    1987-01-01

    Part 1 of this three-part article traces James Madison's life and focuses primarily on those events that prepared him for leadership in the U.S. Constitutional Convention of 1787. It describes his early love of learning, education, and public service efforts. Part 2 chronicles Madison's devotion to study and preparation prior to the Constitutional…

  10. Great Constitutional Ideas: Justice, Equality, and Property.

    Science.gov (United States)

    Starr, Isidore

    1987-01-01

    Examines the ideas of justice, equality, and property as they are represented in the Declaration of Independence, the U.S. Constitution and the Bill of Rights. Discusses how these ideas affect the way public schools operate and the lessons educators teach or don't teach about our society. Includes ideas for classroom activities. (JDH)

  11. Constitutional values, therapeutic jurisprudence and legal education ...

    African Journals Online (AJOL)

    ... they have the power to transform thoughts, policies and lives, and that practising law is ... The values and philosophies that law lecturers instil in law students can ... The question remains: How do we transform legal education in South Africa? ... to our constitutional vales and an ability to engage critically with these values.

  12. Learning from the EU Constitutional Treaty

    NARCIS (Netherlands)

    Crum, B.J.J.

    2012-01-01

    The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of

  13. Constitutional Due Process and Educational Administration.

    Science.gov (United States)

    Uerling, Donald F.

    1985-01-01

    Discusses substantive and procedural due process as required by the United States Constitution and interpreted by the Supreme Court, with particular reference to situations arising in educational environments. Covers interests protected by due process requirements, the procedures required, and some special considerations that may apply. (PGD)

  14. Constitutive equations for two-phase flows

    International Nuclear Information System (INIS)

    Boure, J.A.

    1974-12-01

    The mathematical model of a system of fluids consists of several kinds of equations complemented by boundary and initial conditions. The first kind equations result from the application to the system, of the fundamental conservation laws (mass, momentum, energy). The second kind equations characterize the fluid itself, i.e. its intrinsic properties and in particular its mechanical and thermodynamical behavior. They are the mathematical model of the particular fluid under consideration, the laws they expressed are so called the constitutive equations of the fluid. In practice the constitutive equations cannot be fully stated without reference to the conservation laws. Two classes of model have been distinguished: mixture model and two-fluid models. In mixture models, the mixture is considered as a single fluid. Besides the usual friction factor and heat transfer correlations, a single constitutive law is necessary. In diffusion models, the mixture equation of state is replaced by the phasic equations of state and by three consitutive laws, for phase change mass transfer, drift velocity and thermal non-equilibrium respectively. In the two-fluid models, the two phases are considered separately; two phasic equations of state, two friction factor correlations, two heat transfer correlations and four constitutive laws are included [fr

  15. The Constitution of a Transnational Policy Field

    DEFF Research Database (Denmark)

    Højbjerg, Erik; Frankel, Christian

    is dependent on an inter-organizational coordination between the EU and ESO. Applying the analytical concept of a `policy field' the analysis shows how the completion of the internal market fundamentally challenges institutionalized conceptions of the role of politics in constituting markets.Keywords: Internal...... market, policy field, technical standards, transnationalization, new approach harmonization, private product policy...

  16. Book Review: Against the New Constitutionalism | Venter ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives ... Abstract. Book Title: Against the New Constitutionalism. Book Author: Tamas Gyorfi. Edward Elgar Publishing Cheltenham, UK 2016. ISBN 9781783473007 ...

  17. Optimizing culture medium for debittering constitutive enzyme ...

    African Journals Online (AJOL)

    The objective of this study was to investigate nutrient requirements for extracellular constitutive naringinase production by Aspergillus oryzae JMU316. The one-factor-at-a-time method was used to determine the impact of different carbon and nitrogen sources on naringinase production. Naringin exhibited the highest ...

  18. Constitutive Modeling for Sheet Metal Forming

    International Nuclear Information System (INIS)

    Barlat, Frederic

    2005-01-01

    This paper reviews aspects of the plastic behaviour common in sheet metals. Macroscopic and microscopic phenomena occurring during plastic deformation are described succinctly. Constitutive models of plasticity suitable for applications to forming, are discussed in a very broad manner. Approaches to plastic anisotropy are described in a somewhat more detailed manner

  19. What Constitutes Fair Compensation for Unfair Dismissal

    African Journals Online (AJOL)

    user

    Professor, School of Business Leadership,. University of South ... towards its employees, especially in the light of the constitutionally protected right to dignity. The protection of fundamental freedoms such as gender equality, the right to dignity and the .... dismissal is provided for in terms of section 186(1)(e) of the LRA. 17.

  20. The negotiation of The Constitution of Romania of 1923 and The Constitution of Romania of 1991

    Directory of Open Access Journals (Sweden)

    Ivona-Arina Raef

    2012-12-01

    Full Text Available In the present study the author is trying to find if there was a negotiation between main parties regarding The Constitution of Romania of 1923 and The Constitution Of Romania of 1991 or if there was a project imposed by one party to the others.

  1. 78 FR 57777 - Constitution Day and Citizenship Day, Constitution Week, 2013

    Science.gov (United States)

    2013-09-19

    ... strength of our common ideals. In a document that has endured for more than two and a quarter centuries, the Framers put forth their vision for a more perfect Union. Our Constitution was signed on September... citizenship, recognize the enduring strength of our Constitution, and reaffirm our commitment to the rights...

  2. The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

    NARCIS (Netherlands)

    Mak, C.

    2009-01-01

    This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is

  3. Institute of constitutional revision in the Constitution of the Republic of Albania, comparative view

    Directory of Open Access Journals (Sweden)

    Makbule Çeço

    2014-07-01

    Full Text Available In its very dynamic essence, a democratic society bears the need for continuous reformation and perfection, and that is why the application of reforms represents an inseparable feature for this type of society. The consolidation of the rule of law, the institutional independence, and the cause of justice itself comprise, inter alia, the need for constitutional revision. This study puts forward a theoretical-historical comparative view of the relevant and dynamic issue of the institute of constitutional revision in the framework of the Constitution of the Republic of Albania, as a complex process accompanied by limitations on constitutional revision. The historical evolution of constitutional drafting, modern constitutions, relevant issues, political and social circumstances as well as drafting and adoption procedures, dynamism of constitutions to cope with the course of time achieved by revisions for the purpose of their stability as well as consolidation of the role of constitutions as a factor that facilitates and precedes social development, comprise the pillar of this study addressed in a comparative point of view.

  4. American and Canadian environmental federalism: A game-theoretic analysis

    Energy Technology Data Exchange (ETDEWEB)

    Gillroy, J.M.

    1999-07-01

    To understand why environmental federalism is different in Canada and the United States, one might begin with the initial strategic realities that faced the Fathers of Canadian Confederation and the Framers of the Constitution of the US. This essay examined federalism from a game theoretic point of view, to integrate and expose the rational properties of the decision to federate and the logical entailments of that choice for environmental policy within two specific strategic contexts. Specifically, the author suggests that American environmental federalism has arisen in response to the strategic reality of a prisoner's dilemma, while Canadian environmental federalism can be analyzed as an effort to regulate confrontations within a game of chicken. In addition to the analysis of each federated structure, evidence from five case studies demonstrates the usefulness of games to the study of comparative federalism.

  5. The Possibility of Vice-Presidents’ Authority Arrangement in the 1945 Constitution through Constitutional Amendment

    Directory of Open Access Journals (Sweden)

    Fajar L. Suroso

    2016-04-01

    Full Text Available The debate over the vice-presidents’ authority reappeared in the administration of President Jokowi after the “authority expansion of the Chief of Presidency Staff” and the case of “Rizal Ramli vs Jusuf Kalla”. This article is intended to provide arguments for the idea of some parties to organize more explicit and detailed the authority of vice-president in the 1945 Constitution. The idea arises from the absence of further arrangement on the authority of vice-president in the 1945 Constitution. This article is systematized into 3 (three sub-theme; 1 the arrangement of the vice-presidents’ authority in the constitution for several countries; 2 The authority of the vice-president according to the 1945 Constitution, and 3 New resultant and the possibility of 1945 Constitution amendment. The result revealed a number of interesting things; 1 the constitutions of other countries do not specify the authority of the vice-president and put the vice-president as a “spare tire” when the president is absent; 2 no new resultant about the position and authority of the vice-president so that theoretically is not reason enough to regulate in detail the authority of the vice-president through the 1945 Constitution amendment; 3 arrangement in detail in the authority of vice-president in the 1945 Constitution holds the potential to confuse the presidential system design as the 1945 Constitution. Therefore, the possibility of vice-presidents’ authority arrangement in the 1945 Constitution through amendment is very small, both in terms of momentum and the substance of issues.

  6. Self-Denial in Federalizing Power in the European Union

    DEFF Research Database (Denmark)

    Sweeney, Richard J.

    2003-01-01

    Because the conflicts that led to the American Revolution mainly arose fromconstitutional issues, the history of these conflicts offers lessons for the design of the newEuropean Union constitution. One lesson is the importance of avoiding needless conflictsbetween federal and member......-state governments. In particular, forcing decisions on wheresovereignty lies may cause great conflict. Another lesson is that a federal system depends ongood will among the federal and member-state governments, and because this good will is easilydissipated, efforts should be made to nurture it. Federal exercise...

  7. The Brazilian emergency response system

    International Nuclear Information System (INIS)

    Santos, Raul dos

    1997-01-01

    With the objective of improving the response actions to potential or real emergency situations generated by radiological or nuclear accidents, the Brazilian National Nuclear Energy Commission (CNEN) installed an integrated response system on a 24 hours basis. All the natiowide notifications on events that may start an emergency situation are converged to this system. Established since July 1990, this system has received around 300 notifications in which 5% were classified as potential emergency situation. (author)

  8. Federal Fleet Report

    Data.gov (United States)

    General Services Administration — Annual report of Federal agencies' motor vehicle fleet data collected in the Federal Automotive Statistical Tool (FAST), a web-based reporting tool cosponsored by...

  9. Federal Register in XML

    Data.gov (United States)

    National Archives and Records Administration — The Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and...

  10. Efficiency Determinants in Brazilian Football Clubs

    OpenAIRE

    Marcelo Machado de Freitas; Rafael Araújo Sousa Farias; Leonardo Flach

    2017-01-01

    The aim of this study is to analyze the efficiency of Brazilian football clubs in generating revenues and the reasons behind it. To achieve this goal, we applied quantitative methods including Data Envelopment Analysis and Tobit regression modeling to data on the best clubs from 2012 to 2014, according to the Brazilian Football Confederation ranking. The results allowed for the inference that the largest Brazilian clubs, such as Grêmio (RS), Palmeiras (SP) and Vasco (RJ), were not efficie...

  11. Chinese Competition and Brazilian Exports of Manufactures

    OpenAIRE

    Jenkins, Rhys

    2014-01-01

    In recent years concerns have been raised over the impact of Chinese competition on Latin American exports, particularly those from Mexico. This article shows that Brazilian manufactured exports too have been negatively affected, and that this has been reflected in the “primarization” of Brazilian exports and a declining share in the import markets of its major customers. A variety of different indicators were used to analyse the extent to which Brazilian exports have faced competition from C...

  12. Separatism in Casamance: How to End the War? Constitutional Federalism or Autonomy?

    Directory of Open Access Journals (Sweden)

    Саиду Диалло

    2018-12-01

    Full Text Available The article is devoted to analysis of the military conflict in the southern region of Senegal, Casamance. The conflict for autonomy in the region continues for more than thirty years between MFDС separatist group (Movement of democratic forces of Casamance and the government of Senegal. The emergence of this crisis is due to historical, cultural and social specificities of the region. The author shows that the conflict is also largely affected by political instability in neighboring countries: Guinea Bissau and Gambia.

  13. From Undang-undang Melaka to federal constitution: the dynamics of multicultural Malaysia

    OpenAIRE

    Nor, Mohd Roslan Mohd; Abdullah, Ahmad Termizi; Ali, Abdul Karim

    2016-01-01

    Background Malaysia is a multicultural state comprising three main races: Malays, Chinese and Indians. The three main religions are Islam, Buddhism and Hinduism. Other religions such as Sikhism and Christianity are also practised. Muslims are the majority comprising 67?% of the population. Methods This paper is qualitative in nature. It applies historical comparative method in presenting its data. The Undang-undang Melaka (Malacca Laws) was obtained from the monograph available at National Li...

  14. From Undang-undang Melaka to federal constitution: the dynamics of multicultural Malaysia.

    Science.gov (United States)

    Nor, Mohd Roslan Mohd; Abdullah, Ahmad Termizi; Ali, Abdul Karim

    2016-01-01

    Malaysia is a multicultural state comprising three main races: Malays, Chinese and Indians. The three main religions are Islam, Buddhism and Hinduism. Other religions such as Sikhism and Christianity are also practised. Muslims are the majority comprising 67 % of the population. This paper is qualitative in nature. It applies historical comparative method in presenting its data. The Undang - undang Melaka (Malacca Laws) was obtained from the monograph available at National Library of Malaysia under the name of Hukum Kanun Melaka. Analysis was done on selected examples from this document. This paper highlights that had there been no introduction to a common law system, Malaysia would have remained with its traditional laws influenced by Islam and its local customs as evident from Undang - undang Melaka (Malacca laws). The Undang - undang Melaka was practised from 1422 to 1444 and the law of the country was developed to accommodate the introduction of civil law during the colonial period. One of the unique aspects of multicultural Malaysia is the fact that it has a parallel legal system: sharia and civil law. This paper examines histo-cultural development of the Islamic law as practised in pre-independent Malaysia, as well as the coexistence between these two laws after the independence of Malaya in 1957. This paper concludes that Islamic law in Malaysia is confined to Muslim family matters, while civil law covers all other matters.

  15. Alternative fuels: a Brazilian outlook

    International Nuclear Information System (INIS)

    Moreira, J.R.; Serra, G.E.

    1990-01-01

    This paper focuses on studies and information related to the use of alternative fuels in Brazil. The first part of this paper deals with the economics of different biomass technologies. The analysis consists of a careful costing of all operations involved. The study deals with wood, sugar cane and cassava, since these crops are exploited for commercial purposes in Brazil. Corn, although a useful raw material for producing ethanol in the United States, is not used for this purpose in Brazil. The second part deals with the industrial technologies used to convert biomass into energy. We consider several forms of energy derived from biomass and evaluate the economics of the processes. When opportune, we compare costs with those of the North American market. Market analysis and displacement of conventional energy are the subject of the third part of the paper. While the cost of each product is evaluated in most cases; in others the current market price is used. Finally, we raise the issues of institutional problems and planning and offer some conclusions on the future of biomass as an alternative energy source. The technological discussion in this paper is based on the Brazilian experience in producing ethanol and other fuels from biomass. It is possible to extrapolate the Brazilian experience to other developing countries. The observations made in this chapter are based on the conditions prevalent in the Brazilian south-central agricultural region, specifically the state of Sao Paulo. (author). 91 refs., 16 figs., 11 tabs

  16. Brazilian Studies Then and Now

    Directory of Open Access Journals (Sweden)

    Anthony Pereira

    2012-09-01

    Full Text Available In 1912 the Brazilian diplomat and scholar Manuel de Oliveira Lima gave six lectures at Stanford University that encapsulated his views of what we now call Brazilian Studies. This article summarizes Oliveira Lima’s lectures. It then points out three aspects of Oliveira Lima’s worldview that are problematic from the perspective of the twenty-first century: his Eurocentrism; the unproblematic nature of the nation-state in his thinking; and his largely negative view of Brazil’s racial heritage. The third part of the essay analyzes three aspects of Oliveira Lima’s lectures that are still contemporary. These are the need to establish an adequate comparative context for the study of Brazil; the difficulty of justifying an academic discipline that revolves around the study of a single country; and the challenge of uniting disparate and specialized disciplines in order to appreciate Brazil’s complexity and trajectory in the modern world. In the conclusion, some guidelines for maintaining Brazilian Studies as a vibrant field are suggested.

  17. ACHP | Unified Federal Review

    Science.gov (United States)

    Search skip specific nav links Home arrow Unified Federal Review Three logos: 1) Executive Office of the Homeland Security. Unified Federal Environmental and Historic Preservation Review Process Please visit the new location for the Unified Federal Review located here: http://www.fema.gov/environmental-historic

  18. Framing Canadian federalism

    National Research Council Canada - National Science Library

    Saywell, John; Anastakis, Dimitry; Bryden, Penny E

    2009-01-01

    ... the pervasive effects that federalism has on Canadian politics, economics, culture, and history, and provide a detailed framework in which to understand contemporary federalism. Written in honour of John T. Saywell's half-century of accomplished and influential scholarly work and teaching, Framing Canadian Federalism is a timely and fitting t...

  19. Natural gas: conflict of competence between Federal Government and States; Gas natural: conflito de competencias entre os entes da federacao (Uniao versus Estados)

    Energy Technology Data Exchange (ETDEWEB)

    Meireles, Jose Antonio de Sousa [Petroleo Brasileiro S.A, Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This study examines the regulation of natural gas in Brazil: It is limited to the legal conflict due to the constitution of the republic which determines the distribution of competence between the Federal Government and the States. It introduces the controversy about the limits conferred on the Government by the constitutional law of 1988, related to the transport of natural gas by pipeline, in contrast to the power of states to exploit the services of gas by pipeline. It analyzes the operation of Project Gemini originated by the movement of gas by PETROBRAS in Sao Paulo, without the intervention of the state. The legal opinion favourable to the state argues that the term 'gas delivery services' according to the Brazilian Law leads to the understanding that the use of plural covers all services of gas flowing, without any limitation on the purpose, is a flexible destination (home, companies), or the type of the user. The argument against the state that says these services don't include the supply of gas to companies. In the past one could understand that the energy issue has always been controller by the Government on behalf of the people. It adds up to all this, the economy, high investments and great volume of gas for marketing that makes up the logic of this market, therefore justifying the construction of an own pipeline structure. (author)

  20. Natural gas: conflict of competence between Federal Government and States; Gas natural: conflito de competencias entre os entes da federacao (Uniao versus Estados)

    Energy Technology Data Exchange (ETDEWEB)

    Meireles, Jose Antonio de Sousa [Petroleo Brasileiro S.A, Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This study examines the regulation of natural gas in Brazil: It is limited to the legal conflict due to the constitution of the republic which determines the distribution of competence between the Federal Government and the States. It introduces the controversy about the limits conferred on the Government by the constitutional law of 1988, related to the transport of natural gas by pipeline, in contrast to the power of states to exploit the services of gas by pipeline. It analyzes the operation of Project Gemini originated by the movement of gas by PETROBRAS in Sao Paulo, without the intervention of the state. The legal opinion favourable to the state argues that the term 'gas delivery services' according to the Brazilian Law leads to the understanding that the use of plural covers all services of gas flowing, without any limitation on the purpose, is a flexible destination (home, companies), or the type of the user. The argument against the state that says these services don't include the supply of gas to companies. In the past one could understand that the energy issue has always been controller by the Government on behalf of the people. It adds up to all this, the economy, high investments and great volume of gas for marketing that makes up the logic of this market, therefore justifying the construction of an own pipeline structure. (author)

  1. CAN THE MUSLIM WORLD BORROW FROM INDONESIAN CONSTITUTIONAL REFORM? A Comparative Constitutional Approach

    Directory of Open Access Journals (Sweden)

    Nadirsyah Hosen

    2007-06-01

    Full Text Available This paper attempts to analytically examine the possibility of constitutional borrowing for the Muslim world regardless the differences in history, system, culture, language, and cha­racteristics. It discusses this issue by looking at the arguments put forth by the oppo­nents of comparative cons­titutional interpre­tation and their counter arguments. It will consider materials from Canada, USA, South Africa, Singapore, Malaysia, and Hungary, taking the position that constitutional borrowing can be justified. The paper argues that the 1999-2002 Indonesian constitutional reform should be taken into account by other Muslim countries in undertaking their constitutional reform. The substantive approach of the Shari‘ah that has been used in Indonesia has shown that Muslim world can reform its constitutions without the “assistance” of Western foreign policy. Indo­nesian constitutional reform has demonstrated that Islamic constitutionalism comes from within Islamic teaching and the Islamic community itself; it is a home grown product.

  2. Brazilian Soil Science Society: brief history, achievements and challenges for the near future

    Science.gov (United States)

    Muggler, Cristine Carole; Oliveira Camargo, Flávio A.; Bezerra de Oliveira, Luiz; Signorelli de Farias, Gonçalo

    2013-04-01

    The Brazilian Soil Science Society (SBCS) is one of the oldest scientific societies in Brazil. It was created in October 1947 during the 1st Brazilian Meeting of Soil Science held at the headquarters of the Agricultural Chemistry Institute of Rio de Janeiro, at present the Soils Institute of the Brazilian Agricultural Research Centre. Its origin lies within the Interamerican Conference of Agriculture, Caracas, 1945, the 2nd Pan American Congress of Mining and Geology, Petropolis, Rio de Janeiro, 1946 and the 5th Brazilian Congress of Chemistry, Porto Alegre, 1947. Its first president was Álvaro Barcelos Fagundes, who was the only Brazilian participant at the 1st International Congress of Soil Science and Transcontinental Excursion held in United States of America, in 1927. At that time he was engaged in research work at the New Jersey Agricultural Experiment Station, at the Rutgers University where he did a doctorate under the guidance of Professor Selman Waksman. The society started with 47 members and presently has nearly 900 members. In its first phase the Brazilian Soil Science Society was housed at the Agricultural Chemistry Institute in Rio de Janeiro and its main activity was the biannual Brazilian Congress of Soil Science. In 1975 its headquarters moved to the Agronomic Institute of Campinas with the creation of its executive board and the start of publication of the Brazilian Journal of Soil Science (1977) as well as the society bulletin (1976). In 1997 its executive office moved to the Soils Department at the Federal University of Viçosa. Nowadays it has a structure similar to the one from the IUSS: the society is organized in four divisions (Soil in space and time, Soils properties and processes, Soil use and management and Soil, environment and society) which encompass 14 technical commissions and eight State or Regional nuclei. The Brazilian Congresses of Soil Science happen without interruption since 1947. The first one had had 72 participants that

  3. In the beginning was the word: school culture and vernacular language teaching in Brazilian secondary education (1759-1960

    Directory of Open Access Journals (Sweden)

    Luci Schmoeller

    2017-09-01

    Full Text Available The purpose of this article is to explain the requirements that forged the School Culture around the vernacular language teaching in the Brazilian secondary education through historical analysis of the process of constitution of the Portuguese course, which begins with the imposition of the Portuguese language as the national mother tongue – 1759 – until the beginning of the school democratization process that will modify it significantly – 1960. We will see that the birth of the subject is linked to the formation of the Brazilian nation and the nationalist sentiment, which will reverberate in the way of seeing and thinking vernacular language teaching until today.

  4. Literature Review of the Brazilian Music History Based on the Historiographical Theory of Jörn Rüsen

    Directory of Open Access Journals (Sweden)

    Juliane Cristina Larsen

    2016-02-01

    Full Text Available This article analyzes four narratives of the Brazilian music history, using to this purpose the typology of constitutions of meaning by Jörn Rüsen. The analysis will focus on the premises of the narrations about the Brazilian musical past. The goal is to understand the position of the authors in relation to the musical experience in Brazil, their relationship with nationalism and their concepts about music. Finally, the analysis intends to motivate reflections about the methodology of current musical historiography.

  5. ERICA: prevalence of asthma in Brazilian adolescents

    Directory of Open Access Journals (Sweden)

    Fábio Chigres Kuschnir

    2016-02-01

    Full Text Available ABSTRACT OBJECTIVE To describe the prevalence of asthma and physician-diagnosed asthma in Brazilian adolescents. METHODS Cross-sectional, national, school-based study with adolescents from 12 to 17 years old, participants in the Study of Cardiovascular Risks in Adolescents (ERICA. The study stratified the sample by region and grouped according to schools and classes with representativeness to the set of cities with more than 100,000 inhabitants of the Country, macro-regions, capitals, and Federal District. A questionnaire collected data through a self-filled in method. We calculated the prevalences and their confidence intervals of 95% (95%CI according to sex, age group, type of school and skin color. RESULTS Between 2013 and 2014, 74,589 adolescents were evaluated, 55.3% of the female sex. The total prevalence of active asthma was of 13.1% (95%CI 12.1-13.9, being higher in girls (14.8%; 95%CI 13.7-16.0 when compared to boys (11.2%; 95%CI 10.3-12.2 in all geographical strata examined. It was also higher between students of private schools (15.9%; 95%CI 14.2-17.7 when compared to public ones (12.4%; 95%CI 11.4-13.4. It was higher in the Southeast region (14.5%; 95%CI 12.9-16.1, and in the city of Sao Paulo (16.7%; 95%CI 14.7-18.7. The lowest prevalence was observed in North region (9.7%; 95%CI 9.7-10.5, and in Teresina (6.3%; 95%CI 4.9-7.7. The prevalence of physician-diagnosed asthma was of 8.7% (95%CI 8.2-9.1; higher in the North region (13.5%; 95%CI 12.7-14.2, and in Porto Alegre (19.8%; 95%CI 17.5-22.3. It was lower in the Midwest (6.9%; 95%CI 6.0-7.8, and in Cuiaba (4.8%; 95%CI 3.8-5.9. We found no significant difference in the expression of this rate between the sexes, as well as in other variables evaluated by the study. CONCLUSIONS The prevalence of asthma in Brazilian adolescents is high. Rates of active asthma and physician-diagnosed asthma vary widely in different regions and capitals evaluated by the ERICA. These results may assist in

  6. ERICA: prevalence of asthma in Brazilian adolescents

    Science.gov (United States)

    Kuschnir, Fábio Chigres; Gurgel, Ricardo Queiroz; Solé, Dirceu; Costa, Eduardo; Felix, Mara Morelo Rocha; de Oliveira, Cecília Lacroix; de Vasconcellos, Maurício Teixeira Leite; Kuschnir, Maria Cristina Caetano

    2016-01-01

    ABSTRACT OBJECTIVE To describe the prevalence of asthma and physician-diagnosed asthma in Brazilian adolescents. METHODS Cross-sectional, national, school-based study with adolescents from 12 to 17 years old, participants in the Study of Cardiovascular Risks in Adolescents (ERICA). The study stratified the sample by region and grouped according to schools and classes with representativeness to the set of cities with more than 100,000 inhabitants of the Country, macro-regions, capitals, and Federal District. A questionnaire collected data through a self-filled in method. We calculated the prevalences and their confidence intervals of 95% (95%CI) according to sex, age group, type of school and skin color. RESULTS Between 2013 and 2014, 74,589 adolescents were evaluated, 55.3% of the female sex. The total prevalence of active asthma was of 13.1% (95%CI 12.1-13.9), being higher in girls (14.8%; 95%CI 13.7-16.0) when compared to boys (11.2%; 95%CI 10.3-12.2) in all geographical strata examined. It was also higher between students of private schools (15.9%; 95%CI 14.2-17.7) when compared to public ones (12.4%; 95%CI 11.4-13.4). It was higher in the Southeast region (14.5%; 95%CI 12.9-16.1), and in the city of Sao Paulo (16.7%; 95%CI 14.7-18.7). The lowest prevalence was observed in North region (9.7%; 95%CI 9.7-10.5), and in Teresina (6.3%; 95%CI 4.9-7.7). The prevalence of physician-diagnosed asthma was of 8.7% (95%CI 8.2-9.1); higher in the North region (13.5%; 95%CI 12.7-14.2), and in Porto Alegre (19.8%; 95%CI 17.5-22.3). It was lower in the Midwest (6.9%; 95%CI 6.0-7.8), and in Cuiaba (4.8%; 95%CI 3.8-5.9). We found no significant difference in the expression of this rate between the sexes, as well as in other variables evaluated by the study. CONCLUSIONS The prevalence of asthma in Brazilian adolescents is high. Rates of active asthma and physician-diagnosed asthma vary widely in different regions and capitals evaluated by the ERICA. These results may assist in the

  7. Catholic Modernity and the Italian Constitution

    DEFF Research Database (Denmark)

    Thomassen, Bjørn; Forlenza, Rosario

    2016-01-01

    and give direction to the very idea of political modernity, bridging a positive encounter between Catholicism, democracy, and freedom. The specific argument is embedded within a larger aim to recognize attempts within Catholic philosophy and political thought to articulate a trajectory that moved away from......This article analyzes the Catholic contribution to the Italian republican and democratic Constitution of 1948. The focus is on the specific way in which the Italian citizen became symbolically coded as a ‘person’ and not as an ‘individual’, inspired by Catholic social philosophy. The Catholic...... project for the new Constitution had a considerable impact on modern Italian culture and politics and on the building of a modern mass democracy and welfare state. During the crucial historical juncture that followed the collapse of Fascism, Catholic politicians and intellectuals sought to interpret...

  8. Mechanism of constitution liquid film migration

    Energy Technology Data Exchange (ETDEWEB)

    Zuo, Hongjun [Univ. of Alabama, Birmingham, AL (United States)

    1999-06-01

    Liquid film migration (LFM) in liquid phase sintering classically involves a large metastable liquid volume adjacent to solid, and migration occurs at an isolated solid-liquid (S-L) interface. Constitutional liquid film migration (CLFM), discovered in alloy 718, has major characteristics similar to those of LFM, except that the metastable liquid is from the constitutional liquation of precipitates on the grain boundary. The similarity between LFM and CLFM has led to the theory that coherency lattice strain responsible for LFM is also responsible for CLFM. The coherency strain hypothesis was tested in this study by evaluating whether the Hillert model of LFM would also apply for CLFM. Experimental results of CLFM in alloy 718 showed that migration velocity followed the trend predicted by the Hillert model. This indicates that the coherency strain hypothesis of LFM also applies for CLFM and that the coherency lattice strain responsible for LFM is also the driving force for CLFM.

  9. Constitutional problems in the handling of plutonium

    International Nuclear Information System (INIS)

    Witt, S. de.

    1989-01-01

    Reprocessing and final storage involve two different systems of nuclear energy utilization: with or without the use of plutonium. There is a choice available between these two systems. The paper discusss the constitutional implications of this choice. The permission of the use of plutonium as nuclear fuel by the Atomic Energy Law is irreconcilable with the Basic Law, i.e. the Constitution. If the corresponding provisions of the Atomic Energy Law are repealed, then only the plutonium-related branch will be revoked and not the legal permission of nuclear energy as a whole. The fact is not ignored that the Atomic Energy law does not permit the construction and operation of a plant or the handling of plutonium if this were to violate a basic right. However, the plutonium-related branch of nculear energy utilization inevitably results in such basic right violations; hence the Atomic Energy law is unconstitutional in this respect. (orig./HSCH) [de

  10. Legitimacy of Constitutional Justice: Democracy, Constitutional Court and Theory Against Majority Interest

    Directory of Open Access Journals (Sweden)

    Thaminne Nathalia Cabral Moraes e Silva

    2016-12-01

    Full Text Available This article has as its theme the analysis of the separation of powers and the rule of democracy, in addition to the possibility of the Constitutional Court be composed of people appointed by the President of the Republic, not fulfilling the democratic rule, and make the control of constitutionality of laws, created through democratic process. Will be answered: the separation of powers obey the democratic rule? When the Legislature fails to fulfill its function of legislating, opens the opportunity for the Supreme Court, as the Constitutional Court that is, create, through judicial activism, silent rules? That injured the democratic rule?

  11. International Treaties Tax Law in Brazilian Law

    Directory of Open Access Journals (Sweden)

    Milena Zampieri Sellmann

    2016-06-01

    Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

  12. Constitutive relations for multiphase flow modeling

    Energy Technology Data Exchange (ETDEWEB)

    Jacobs, H.; Vaeth, L.; Thurnay, K. [Forschungszentrum Karlsruhe GmbH Technik und Umwelt (Germany). Inst. fuer Neutronenphysik und Reaktortechnik

    1998-01-01

    The constitutive relations that are used in the three-field fluid dynamics code IVA-KA for determining the drag in three-phase mixtures and the heat transferred by radiation are described together with some comparisons of calculational results with experiments. In these experiments (QUEOS), large quantities of solid particles are injected into water. Potential deficiencies of the present drag model are discussed. (author)

  13. Towards Viscoplastic Constitutive Models for Cosserat Rods

    OpenAIRE

    Dörlich Vanessa; Linn Joachim; Scheffer Tobias; Diebels Stefan

    2016-01-01

    Flexible, slender structures like cables, hoses or wires can be described by the geometrically exact Cosserat rod theory. Due to their complex multilayer structure, consisting of various materials, viscoplastic behavior has to be expected for cables under load. Classical experiments like uniaxial tension, torsion or three-point bending already show that the behavior of e.g. electric cables is viscoplastic. A suitable constitutive law for the observed load case is crucial for a realistic simul...

  14. Military Guilty Plea Inquiry: Some Constitutional Considerations.

    Science.gov (United States)

    1987-01-01

    have given some constitutional definition to the requirement that a plea be voluntarily made. A threat by FBI agents to publish untrue statements about...Townsend v. Burke, the Supreme Court held that, where an accused was held incommunicado for forty hours by government 53 agents , his guilty plea...understands the sentence limitations imposed by the agreement; (4) strike down conditions in the pretrial agree- ment which are violative of the law, public

  15. Integrating Faith-Based Organizations into State-Funded Pre-K Programs: Resolving Constitutional Conflict. Pre-K Policy Brief Series

    Science.gov (United States)

    Goldman, Dan; Boylan, Ellen

    2010-01-01

    This policy brief addresses federal and state constitutional issues that arise when faith-based organizations participate in state prekindergarten (pre-k) programs and recommends safeguards to ensure that public funding of those programs complies with constitutional principles respecting the separation of church and state and freedom of religion.…

  16. A constitutive law for degrading bioresorbable polymers.

    Science.gov (United States)

    Samami, Hassan; Pan, Jingzhe

    2016-06-01

    This paper presents a constitutive law that predicts the changes in elastic moduli, Poisson's ratio and ultimate tensile strength of bioresorbable polymers due to biodegradation. During biodegradation, long polymer chains are cleaved by hydrolysis reaction. For semi-crystalline polymers, the chain scissions also lead to crystallisation. Treating each scission as a cavity and each new crystal as a solid inclusion, a degrading semi-crystalline polymer can be modelled as a continuum solid containing randomly distributed cavities and crystal inclusions. The effective elastic properties of a degrading polymer are calculated using existing theories for such solid and the tensile strength of the degrading polymer is predicted using scaling relations that were developed for porous materials. The theoretical model for elastic properties and the scaling law for strength form a complete constitutive relation for the degrading polymers. It is shown that the constitutive law can capture the trend of the experimental data in the literature for a range of biodegradable polymers fairly well. Copyright © 2016 Elsevier Ltd. All rights reserved.

  17. Constitutive equation of butter at static loading

    Directory of Open Access Journals (Sweden)

    Šárka Nedomová

    2008-01-01

    Full Text Available This study focuses on the constitutive modelling of finite deformation in the commercially obtained butter (composition is 83 % of milk fat at the temperature 17–20 °C. The specimens from the butter (height L0=14.6 mm and diameter 20 mm have been compressed between two parallel metal plates at a fixed crosshead speed 20 mm/min using of the testing device TIRA TEST. The force F and the deformation ∆L are measured during compression and both quantities are recorded. The experimental records force F – displacement (deformation were obtained. These records have been transformed into stress–strain dependences and into true stress–true strain. The basic data on the strain behaviour of a butter under low strain rates have been obtained. Experimental results show that the behaviour of butter can be described by a hyperelastic material model. In this model, the quasi–static response is defined by compressible hyperelasticity, whereby the strain energy potential is assumed to be representable by a newly proposed polynomial series with three independent parameters. The material parameters in the constitutive model are determined from compression test. A comparison of predictions based on the proposed constitutive equation with experiments shows that the model is able to describe the strain behaviour of the butter examined.

  18. Constitutional foundations of the property rights of citizens and organizations for real estate

    Directory of Open Access Journals (Sweden)

    Zarina Kamilevna Kondratenko

    2015-09-01

    Full Text Available Objective to develop a comprehensive scientific conception of the constitutional foundations of the property rights of citizens and organizations for real estate. Methods general and specific scientific methods including formal logical methods hypothesis analysis synthesis deduction induction. The special methods included historical legaltechnical interdisciplinary comparativelegal systemic and other methods of scientific cognition. Results first the Constitution of the Russian Federation does not contain detailed regulation of property relations as they are regulated by the branches of Civil law. Therefore as certain property disputes affect substantial property interests of physical and juridical persons which are not under the protection of property rights in the traditional sense there is a need for a broad interpretation of the relevant provisions of the Russian Constitution. However the mixing of proprietary and contractual rights in this case does not occur. Second the Russian Civil Code reproducing and specifying the constitutional provisions as principles of private law form a direct normative basis of the whole civil law. However the constitutional law attributes a broader meaning to the notions of property and property right than the traditional civil law. Third the possible limitations of the Federal law of the rights of ownership use and disposition of property as well as freedom of entrepreneurship and freedom of contract must meet the requirements of justice to be adequate proportionate be of general and abstract character be not retroactive and not affect the essence of constitutional rights i.e. not limit the scope and application of the substantive content of the relevant constitutional norms.The possibility of such limitations and their nature must be determinedby the need to protect the significant values ndash the foundations of the constitutional system morality health rights and lawful interests of other persons provision

  19. 75 FR 57835 - Constitution Day and Citizenship Day, Constitution Week, 2010

    Science.gov (United States)

    2010-09-22

    ... four short months, delegates to the Constitutional Convention in Philadelphia established a... government, a protector of liberties, and a guarantee that we are all free to shape our own destiny. As we...

  20. 76 FR 58705 - Constitution Day and Citizenship Day, Constitution Week, 2011

    Science.gov (United States)

    2011-09-21

    ... vision, we resolve to stay true to their spirit of patriotism and unity. In remembrance of the signing of... citizenship, recognize the enduring strength of our Constitution, and reaffirm our commitment to the rights...

  1. The brazilian midwest and its economic transformations from 1970 to 2012

    OpenAIRE

    Haddad, Marcos Bittar; Pastre, Rafael

    2016-01-01

    The Midwest is the Brazilian region comprising the Central Highlands in the Country. It is the second least populated region of Brazil. Its vegetation is predominantly composed of the Cerrado ecosystem and the region holds important fresh water reserve and focuses the headwaters of rivers belonging to the main river basins of South America. Politically, the Midwest is the seat of the national political administrative decisions, housing the Federal District. Economically, after the decline of ...

  2. GOVERNMENT ELECTRONIC PURCHASING: AN ASSESSMENT OF BRAZILIAN STATE GOVERNMENTS' E-PROCUREMENT WEBSITES

    OpenAIRE

    Alves, Tomaz Rodrigo; Universidade de São Paulo; Souza, Cesar Alexandre; Universidade de São Paulo

    2011-01-01

    One of the electronic government applications that has been fast developing in Brazil is e-procurement. It’s a field that allows relatively objective measuring, regarding price cuts and savings generated by the reduction of bureaucracy. This research evaluated the quality of the e-procurement portals of the 26 Brazilian state governments and also the Federal District, considering primarily features that could be useful to suppliers. In order to do so, a scoring method was developed, in which ...

  3. Phylobetadiversity among forest types in the Brazilian Atlantic Forest complex.

    Science.gov (United States)

    Duarte, Leandro Da Silva; Bergamin, Rodrigo Scarton; Marcilio-Silva, Vinícius; Seger, Guilherme Dubal Dos Santos; Marques, Márcia Cristina Mendes

    2014-01-01

    Phylobetadiversity is defined as the phylogenetic resemblance between communities or biomes. Analyzing phylobetadiversity patterns among different vegetation physiognomies within a single biome is crucial to understand the historical affinities between them. Based on the widely accepted idea that different forest physiognomies within the Southern Brazilian Atlantic Forest constitute different facies of a single biome, we hypothesize that more recent phylogenetic nodes should drive phylobetadiversity gradients between the different forest types within the Atlantic Forest, as the phylogenetic divergence among those forest types is biogeographically recent. We compiled information from 206 checklists describing the occurrence of shrub/tree species across three different forest physiognomies within the Southern Brazilian Atlantic Forest (Dense, Mixed and Seasonal forests). We analyzed intra-site phylogenetic structure (phylogenetic diversity, net relatedness index and nearest taxon index) and phylobetadiversity between plots located at different forest types, using five different methods differing in sensitivity to either basal or terminal nodes (phylogenetic fuzzy weighting, COMDIST, COMDISTNT, UniFrac and Rao's H). Mixed forests showed higher phylogenetic diversity and overdispersion than the other forest types. Furthermore, all forest types differed from each other in relation phylobetadiversity patterns, particularly when phylobetadiversity methods more sensitive to terminal nodes were employed. Mixed forests tended to show higher phylogenetic differentiation to Dense and Seasonal forests than these latter from each other. The higher phylogenetic diversity and phylobetadiversity levels found in Mixed forests when compared to the others likely result from the biogeographical origin of several taxa occurring in these forests. On one hand, Mixed forests shelter several temperate taxa, like the conifers Araucaria and Podocarpus. On the other hand, tropical groups, like

  4. Energy and environment in the new constitutional order; Energia e meio ambiente na nova ordem constitucional

    Energy Technology Data Exchange (ETDEWEB)

    Malheiros, Telma Maria Marques; Souza, Maria Aparecida Goncalves de [Fundacao Brasileira para Conservacao da Natureza (FBCN), Rio de Janeiro, RJ (Brazil)

    1989-12-31

    This paper analyses and discusses the legal aspects concerning the relationship between energy and environment in Brazil. The regulations in the Federal constitution and in auxiliary legislation related to environment and energy policies are also discussed. Finally, the author suggests that an environmental educational program should be performed by the government in order to enable the society`s participation in the decision making process concerning the energetic system 14 refs.

  5. Autopsy issues in German Federal Republic transplantation legislation until 1997.

    Science.gov (United States)

    Schweikardt, Christoph

    2014-01-01

    This article analyzes the relevance of autopsy issues for German Federal Republic transplantation legislation until 1997 against the background of legal traditions and the distribution of constitutional legislative powers. It is based on Federal Ministry of Justice records and German Parliament documents on transplantation legislation. Transplantation and autopsy legislation started with close ties in the 1970s. Viewing transplantation legislation as relevant for future autopsy regulation contributed to the decision to stall transplantation legislation, because the interests of the federal government and the medical profession converged to avoid subsequent restrictions on the practice of conducting autopsies and procuring tissues for transplantation. Sublegal norms were insufficient for the prosecution of the organ trade and area-wide transplantation regulation after the reunification of Germany. In contrast to autopsy issues, legislative power for transplantation issues was extended to the federal level by an amendment to the constitution, allowing decision making for Germany as a whole.

  6. Errors in the administration of intravenous medication in Brazilian hospitals.

    Science.gov (United States)

    Anselmi, Maria Luiza; Peduzzi, Marina; Dos Santos, Claudia Benedita

    2007-10-01

    To verify the frequency of errors in the preparation and administration of intravenous medication in three Brazilian hospitals in the State of Bahia. The administration of intravenous medications constitutes a central activity in Brazilian nursing. Errors in performing this activity may result in irreparable damage to patients and may compromise the quality of care. Cross-sectional study, conducted in three hospitals in the State of Bahia, Brazil. Direct observation of the nursing staff (nurse technicians, auxiliary nurses and nurse attendants), preparing and administering intravenous medication. When preparing medication, wrong patient error did not occur in any of the three hospitals, whereas omission dose was the most frequent error in all study sites. When administering medication, the most frequent errors in the three hospitals were wrong dose and omission dose. The rates of error found are considered low compared with similar studies. The most frequent types of errors were wrong dose and omission dose. The hospitals studied showed different results with the smallest rates of errors occurring in hospital 1 that presented the best working conditions. Relevance to clinical practice. Studies such as this one have the potential to improve the quality of care.

  7. Toward a sociology of the Brazilian Corporate Sustainability Index?

    Directory of Open Access Journals (Sweden)

    Marina de Souza Sartore

    2011-12-01

    Full Text Available In order to collaborate with the academic debate about the social construction of economic tools, this article captures the social construction of the Corporate Sustainability Index (ISE of Bovespa. From an economic approach, the index is the numeric representation of financial profitability of sustainable enterprises, however, from that of sociology, the ISE is the window to apprehend the symbolic struggles that constitute the Brazilian market of Socially Responsible Investment (SRI. This idea is demonstrated by the recovery of the chronological history of the development of ISE which shows the elements of the arbitrary political process searching for its economic neutrality. This article emphasizes the need to explore sociologically the financial indexes as well as other classification tools of the economic world.

  8. The brazilian nuclear policy with respect to the public opinion

    International Nuclear Information System (INIS)

    Freitas Brandao Bittencourt, C.

    1988-01-01

    Four decades of the Brazilian nuclear history have been analysed with special emphasis placed on government policy and its repercussion on public opinion. The implications of the new constitutional regulations which rule the issue are discussed. it is also studied the change in the nuclear program structure, enforced in August 1988. At different times, the government decisions on nuclear energy could be classified as miser, extravagant, dissimulated and frank, successively. Their aftermaths, which show little consistency with the expectations laid on them, have led to discredit by part of the society, which is controlled by a scientific - intellectual elite. However, recent successes are likely to reverse this trend, if the government explores them properly. (author) [pt

  9. CONVOCATION REGIMES FOR ENVIRONMENTALISM IN BRAZILIAN BUSINESS MAGAZINES

    Directory of Open Access Journals (Sweden)

    Vinicius Prates

    2013-06-01

    Full Text Available The tensions between the liberal-capitalist discourse and the antagonistic discourses of environmentalism are of special interest in Brazil. This paper outlines a study of the convocation regimes employed in environmental reports published in 2010 in the two most prominent Brazilian economics and business magazines, whose communication contracts propose the modalization of executives and companies towards economic success. Its objective is to analyze how enunciators thematize environmental antagonisms while keeping their general communication contract within the liberal-capitalist paradigm. The enunciator constitutes a regime of sameness/otherness, where sameness is built upon the terms of the reformist orientation of environmentalism, while deep ecology and radical ecology are presented as othernesses. The nodal points that connect the chains of equivalence of the discursive field of environmentalism, in terms of environmental reformist sameness, or “sustainability,” are technology and efficient management, which return the reader to the original communication agreement.  

  10. Brazilian Studies and Brazilianists: Conceptual remarks

    Directory of Open Access Journals (Sweden)

    Vinicius Mariano de Carvalho

    2017-01-01

    Full Text Available This article discusses the concept of Brazilian Studies. It does not intend to outline a defence for a new discipline, or to propose paradigms for that elusive field called ‘area studies’. It will, bring some reflections on epistemological and methodological issues realted to what it is been called Brazilian Studies.

  11. Study of brazilian market of advanvced ceramics

    International Nuclear Information System (INIS)

    Veiga, M.M.; Soares, P.S.M.; SIlva, A.P. da; Alvarinho, S.B.

    1989-01-01

    The brazilian actual market survey of advanced ceramics, divided in sectors according to their function is described. The electroelectronics, magnetics, optics, mechanics and nuclears ceramics are presented. A forecasting of the brazilian market in advanced ceramics are also mentioned. (C.G.C.) [pt

  12. The new Brazilian national forest inventory

    Science.gov (United States)

    Joberto V. de Freitas; Yeda M. M. de Oliveira; Doadi A. Brena; Guilherme L.A. Gomide; Jose Arimatea Silva; < i> et al< /i>

    2009-01-01

    The new Brazilian national forest inventory (NFI) is being planned to be carried out through five components: (1) general coordination, led by the Brazilian Forest Service; (2) vegetation mapping, which will serve as the basis for sample plot location; (3) field data collection; (4) landscape data collection of 10 x 10-km sample plots, based on high-resolution...

  13. 36th Brazilian Workshop on Nuclear Physics

    CERN Document Server

    Brandão de Oliveira, José Roberto; Barbosa Shorto, Julian Marco; Higa, Renato

    2014-01-01

    The Brazilian Workshop on Nuclear Physics (RTFNB, acronym in Portuguese) is organized annually by the Brazilian Physics Society since 1978, in order to: promote Nuclear Physics research in the country; stimulate and reinforce collaborations among nuclear physicists from around the country; disseminate advances in nuclear physics research and its applications; disseminate, disclose and evaluate the scientific production in this field.

  14. Power: Constitutional Update. Bar/School Partnership Programs Series.

    Science.gov (United States)

    American Bar Association, Chicago, IL. Special Committee on Youth Education for Citizenship.

    The fourth in a special series of handbooks dealing with constitutional themes, this document looks at power in the context of the U.S. Constitution. "The Constitution's Prescription for Freedom" (L. Peach) examines the separation of powers provided for in the Constitution. "The Concept of Power" (C. Roach) is a series of…

  15. Constitutionalism and good governance in Nigeria (1999-2014 ...

    African Journals Online (AJOL)

    While the country, at present, has a written constitution which in reality, was derived from a military decree, there has been constant debate as to whether what the country has is really a constitution and whether the subsequent civilian regimes are constitutional governments. This paper attempts to analyse the constitutional ...

  16. Federal procurement of unlicensed medicines in Brazil; findings and implications.

    Science.gov (United States)

    Teodoro, Cristiane Roberta Dos Santos; Caetano, Rosângela; Godman, Brian; Dos Reis, André Luís Almeida; Maia, Aurélio de Araújo; Ramos, Mariana de Carvalho Barbosa; Osorio-de-Castro, Claudia Garcia Serpa

    2017-12-01

    There are safety concerns with using unlicensed medicines across countries including Brazil. Consequently this needs to be evaluated and concerns address if pertinent. Investigate such purchases by the Brazilian Federal Government from 2004 to 2013. Procurement data from a public-access databank that contains procurement information of the Brazilian Federal Government. Each procured item was cross-referenced to its active drug approval status in the Brazilian National Register (DOU). Exploratory analysis and trend measures were performed for the variables for mapping and characterizing the purchases of non-market approved drugs. 614 (0.14%) purchases in ten years corresponding to 64 unlicensed medicines - some of which had orphan drug status - and 48 different active substances; with a growing trend in recent years. Medicines in 51% of purchases were procured before obtaining marketing approval - with eventual refusals occurring in 17.8% and cancellation due to lack of efficacy and/or safety concerns in 1.1%. Health litigation accounted for 81.9% of purchases and growing in recent years. Overall a low rate of unlicensed medicine use. However there are concerns given the current regulations in Brazil and the recent increase in the use of unlicensed medicines with increased litigation.

  17. Open road to control of constitutionality of section 7 of the Atomic Energy Act

    International Nuclear Information System (INIS)

    Rengeling, H.W.

    1978-01-01

    The Federal Constitutional Court (BVerfG), in answer to the court order of the Higher Administrative Court at Muenster, has affirmed in its interim decision of Jan. 31st, 1978 the permissibility of the concrete judicial review of the constitutionality of section 7 as being correct, and thus it has accepted at the same time the responsibility for the decision as being the responsibility of the Federal Constituional Court. For practical reasons the decision is to be welcomed because it is very likely that the question of the constitutionality of section 7 of the Atomic Energy Act as far as it permits the licensing of FRBs, which has come into the open now on account of the Muenster decision, would have been referred again in the near future to the BverfG, if the court had considered Muenster's order as not permissible. From the judicial point of view, the BVerfG's grounds are of interest; the permissibility of the judicial review of the constitutionality within the framework of the Kalkar case already having been very much in dispute before the verdict. The arguments of the BVerfG, which could be of great interest for similar proceedings in the future are briefly looked at in a critical manner, because the decision made in Karlsruhe will not remain without impacts on law concerning energy and environmental protection and on relevant policies. (orig.) [de

  18. Energy prices, equalization and federalism

    Energy Technology Data Exchange (ETDEWEB)

    Courchene, T.J. [Queen' s Univ., Kingston, ON (Canada). School of Policy Studies

    2005-10-01

    initiative orchestrated by the provinces to allow them to increase their ability to manoeuvre in the federation, and resolve the underlying issue of satisfying the constitutional commitment that all Canadians should have access to comparable public services. It was concluded that a failure to come to terms with societal values could mean that the current energy price surge might have dramatic ramifications for the evolution of the federation. 1 fig.

  19. Energy prices, equalization and federalism

    International Nuclear Information System (INIS)

    Courchene, T.J.

    2005-01-01

    initiative orchestrated by the provinces to allow them to increase their ability to manoeuvre in the federation, and resolve the underlying issue of satisfying the constitutional commitment that all Canadians should have access to comparable public services. It was concluded that a failure to come to terms with societal values could mean that the current energy price surge might have dramatic ramifications for the evolution of the federation. 1 fig

  20. Habermas on European Constitution and European Identity

    Directory of Open Access Journals (Sweden)

    Éva Biró-Kaszás

    2010-12-01

    Full Text Available For the last two decades or so philosophers have been reflecting on a set of practical and political concerns in connection with the new political structural arrangements beyond the nation-state. In this article two essays by Jürgen Habermas shall be examined. An attempt shall be made to tackle Habermas’ philosophical concepts of personal and collective identity as well as the role that a constitution may play in building the post-national constellation. It has been shown that Habermas has normative answers. Firstly, according to him, the fragile balance between the legal order and the particular cultures and traditions of a community has to be protected by the constitutional state. For that reason the political culture has to be “decoupled” from the majority culture. Secondly, the democratically structured attempt to achieve shared meaning has to find the delicate balance between the context-transcending universal normative claims and the claims of particular individual and collective life. Thirdly, it is possible to expand legally mediated civil solidarity trans-nationally, across Europe – we may recognize this development as the emergence of European identity –, since the process of democratic will-formation of citizens may get loose from the structures provided by the state if both shared democratic political cultures as well as a European-wide public sphere exist. The European Constitution may have a catalytic function in materialization of these conditions. It has been shown that in his deliberations Habermas tried to find a reflective equilibrium between the normative and the empirical.