[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.

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.

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

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)

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.

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.)

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.

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)

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

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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.

Federalism and educational policies in brazil: a brief historical period

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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.

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

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

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

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

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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.

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

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)

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

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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.

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.

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

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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.

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

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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.

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

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

The Institutional Strategy of Brazilian Supreme Court on the Legislative Process

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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.

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"

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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.

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.

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

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.

Federalism and educational policies in Brazil: contexts and ruptures

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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.

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…

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

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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?

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

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.

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.

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.

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...

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.

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

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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.

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

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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.

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

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

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)

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

DEPENDENT STANDARD OF HIGH EDUCATION AND THE BRAZILIAN UNIVERSITY CURRENT EXPANSION

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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.

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

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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.

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

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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.

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

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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

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…

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

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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.

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...

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.

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

The Brazilian investment in science and technology

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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.

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

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…

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

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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.

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

In Search of the Political Value of the Federalism Cooperative

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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.

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.

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...

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.

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)

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

UNDERSTANDING INFORMAL CONSTITUTIONAL CHANGE

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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.

[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.

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.

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.

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.

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.)

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

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)

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.

[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.

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)

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.

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

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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

The Legal Investigation Peculiarities in RF Constitutional Court

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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.

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.

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 ...

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

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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

Change of position of constitutional judiciary

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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.

Estado Federal e Descentralização: uma visão crítica do federalismo brasileiro

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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.

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

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

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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.

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

Sonora Legislators and their Constitution, 1857-1861

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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.

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 ...

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)

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)

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…

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.

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

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.

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...

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

3rd BRAZILIAN CONSENSUS ON Helicobacter pylori

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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.

Constitutional collisions of criminal law

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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.

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

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

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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.

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.).

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

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)

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.

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…

Animal rights and environmemntal rights in Brazilian Supreme Court

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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�

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)

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...

The 2014 Elections and the Brazilian Party System

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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.

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 ...

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

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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.

The Brazilian Bolsa Escola

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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’.

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…

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'.

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)

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)

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.

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.

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)

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

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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.

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...

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.

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)

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.

The Federal Government's supervisory authority, Land jurisdiction, and the Atomic Energy Act

International Nuclear Information System (INIS)

Steinberg, R.

1990-01-01

The instructions given in spring 1988 by the Federal German Minister of the Environment to the Minister of Economics of the Land North-Rhine Westphalia, in matters concerning the Kalkar nuclear reactor, form the background of the expert opinion presented as an analysis of significant problems arising in connection with the execution of Federal laws. The development of legal criteria for issuing instructions is analysed as a point of main interest in the process. The author discusses an important requirement given by the Constitution, namely that the principle of federation-agreeable conduct involves the duty to minimize interference with the responsibilities and jurisdiction of a Land. The Land North-Rhine Westphalia presented this expert opinion in April 1989 in legal proceedings before the Federal Constitutional Court in a dispute between the Federal Government and the Lands over Art. 93, paragraph 1, no. 3 of the Constitution. The decision given by the Federal Constitutional Court on 22 May 1990 confirmed the legality of the Federal Government's conduct in this matter. (orig./HP) [de

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.

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

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.

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

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....

A ASSISTÊNCIA EDUCACIONAL NO SISTEMA PENITENCIÁRIO FEDERAL – A PENITENCIÁRIA FEDERAL EM PORTO VELHO/RO. EDUCATIONAL ASSISTANCE IN FEDERAL PRISON SYSTEM – A FEDERAL PRISON IN PORTO VELHO/RO, BRAZIL

Directory of Open Access Journals (Sweden)

Stephane Silva de Araujo.

2013-05-01

Full Text Available No Brasil, a educação é um direito de todos. Assim, a Lei de Execução Penal Brasileira determina a obrigatoriedade de o Estado garantir este direito também às pessoas privadas de liberdade. A fim de executar a política educacional e providenciar o cumprimento de outros preceitos legais, em 2009, o Sistema Penitenciário Federal lotou Pedagogos com formação de nível superior em seu quadro funcional. Considerando os instrumentos normativos existentes, os mencionados profissionais constituíram parcerias com instituições educacionais para que o direito à educação de qualidade fosse efetivado no interior das Penitenciárias Federais. Este artigo apresenta um relato de experiência acerca da Assistência Educacional desenvolvida na Penitenciária Federal em Porto Velho/Rondônia, com alguns dos presos considerados mais perigosos do país. Tem-se como objetivo focalizar a inserção da Educação no interior de uma Penitenciária Federal, através de parcerias que vêm sendo executadas e alcançam atualmente índices diversos das demais prisões brasileiras, proporcionando assim, gradual inserção social dos apenados.In Brazil, education is a right for all. Thus, the Brazilian criminal law determines the obligation of the State to guarantee this right also to people who are deprived of freedom. To implement educational policy and provide compliance with other law principles, in 2009, the Federal Prison System brought educators with top-level training to its staff. Considering the existing rules, the aforementioned professionals formed partnerships with educational institutions so that the right for quality education was guaranteed within Federal Prisons. This article presents an experience report about the work of Educational Assistance developed at the federal prison of Porto Velho, Rondônia, Brazil, where some of the inmates are considered the most dangerous in the country. The aim is to focus on the insertion of Education within a

Right to try? Phosphoethanolamine, di Bella and Stamina cases: an Italo-Brazilian analysis

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BARBOSA, Elina Magnan

2016-10-01

Full Text Available This paper reports on an analysis of court orders that determine experimental therapies and provides a comparative study of the Italian Di Bella and Stamina cases and the Brazilian Phosphoethanolamine case. The judicial sentences on the three cases were considered, along with their medical outcome and media repercussion. As a result of the comparison, it was observed that the Brazilian Constitutional Court is tending towards the non-recognition of a “right to try”, even though the Court’s official opinion remains to be seen. In Italy, on the other hand, after the negative judicial and medical experience concerning two emblematic cases, the opinion of the Italian Constitutional Court seems to have changed, indicating that the State is no longer forced to provide experimental therapies through the public health system. In the scope of these judicial lawsuits that claim compassionate cures, the technical framework, represented by the good clinical practices guidelines, comes about as the “zipper” that binds together law, science and ethics.

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…

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.

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.

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.

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.

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.

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.

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.

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

Federalismo e relações intergovernamentais no Brasil: a reforma de programas sociais

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Arretche Marta

2002-01-01

Full Text Available The article analyses the process of reform in four areas of social policies that affect directly the interests of sub-national governments: basic education, social housing programs, basic sanitation and health. As the study reveals, despite the varying degree of success achieved in the various policy initiatives and contrary to the expectations of the prevailing interpretations of the nature of Brazilian federalism, the federal government faced no insurmountable hurdles in implementing their reform agenda. The study aims at demonstrating that (i in the absence of any constitutional mandatory requirement, the political autonomy of local governments - typical of federative States - actually enhances the veto power of local governments over policy initiatives proposed by the federal Executive branch. However, (ii power resources available to the federal Executive branch - such as agenda definition and vetoing powers - in addition to control over resources that are essential to the political survival of the representatives increase the chances of success of the federal government. Furthermore, (1999, (iii the constitutional authority of Brazilian states is far more limited than that of the North-American states; (iv the category "federalism", however, is not sufficient to define the potential stability of specific policies, which depends upon how inter-governmental relations are structured in each particular policy. Specifically, (v constitutional rules, legacies from previous policies and the political cycle frame the decision arenas in various ways, thus conditioning both the strategies and chances of success of the federative players.

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

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...

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…

IMUNIDADE TRIBUTÁRIA. Doi: 10.5020/2317-2150.1993.v.02.n01.p206

OpenAIRE

Costa, Ana Edite; Universidade de Fortaleza; Bezerra, Johnny; Universidade de Fortaleza; Virginia, Rosa; Universidade de Fortaleza; Damasceno, Roterdan; Universidade de Fortaleza; Verde, Zaida Lima; Universidade de Fortaleza

2013-01-01

Envolve questionamentos doutrinários sobre a imunidade tributária e seu alcance na Constituição Federal. It envolves doutrinary questions about tax exemption and its reach in the Brazilian Constitution.

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

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...

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

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

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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.

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

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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.

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.

STANDARDIZED TERMINOLOGY OF ADULT SPINE DEFORMITY FOR BRAZILIAN PORTUGUESE

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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.

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

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.

Implementing the translation and interpreting service of libras-portuguese in federal universities

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Silvana Aguiar dos Santos

2015-12-01

Full Text Available This article describes important elements of the operationalization of sign language translation and interpretation services in southern Brazil federal universities. Using as reference some authors of the disciplinary field of Translation Studies, such as Ozolins (2010, Baker and Saldanha (2009, Baker (2006, and Tymoczko (2007, this article discusses issues that involve community interpreting, its challenges and perspectives of implementation in the scope of public service in Brazil. The methodological orientation follows the qualitative approach with focus on descriptive research. Therefore, a survey was carried out to analyze the situation of Brazilian Sign Language-Portuguese translators and interpreters who are regular civil servants and work at the federal universities of Brazilian southern states. The guiding questions for that matter are the following ones: who are the translators and interpreters of Brazilian sign language in southern Brazil? Which is the level of education of those professionals? The results registered 76 regular servants in the universities investigated, most of which have an undergraduate degree or specialization. Fewer of them have master's and doctoral degrees. Other results include their distribution by state and by university, and the areas of knowledge in which they have developed research so far.

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

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)

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…

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

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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.

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.

[Legal and sanitary aspects conditioning access to medicines in Brazilian courts].

Science.gov (United States)

Pandolfo, Mércia; Delduque, Maria Célia; Amaral, Rita Goreti

2012-01-01

The search for having access to health care and medicines right granted through Judicial Courts has increased in Brazil. What has been nominated "health judicialization" is a multidimensional phenomenon, a need for dealing with it in a multidisciplinary way involving legal-judicial, political-institutional and sanitary approaches has raised. The Health is recognized as a fundamental human right in the Brazilian Constitution giving it a different legal protection under the legal-constitutional order and the country guarantees the right to health are not only the Constitution and the law strictly, but mainly in an normative infralegal arc that define the goals and outcomes to be achieved by public policy. The lawsuits by drugs may be a reflection of the difficulty of access to health services, to empty and downgrading of health care. Therefore, this turns out to affect the judicialization of pharmaceutical care in Brazil.

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…

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

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.

[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.

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

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

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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

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

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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.

UNA LECTURA REPUBLICANA I FEDERAL DE L'AUTODETERMINACIÓ

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Miquel Caminal Badia

2007-10-01

Full Text Available The prospect of offering a positive solution to the right to self-determinationand to regulate it constitutionally is an inevitable step in the convergence betweenthe liberal democratic tradition and republican patriotism. As societiesbecome increasingly democratic, and become more advanced in terms ofmaterial equality, the more national diversity is recognised and the closer wecome to a republican and federal culture, given that we are allowing real nationsto speak without internal or external discrimination or domination. Arepublican and federal interpretation of self-determination is necessary tosucceed in reversing the treatment of national conflicts within liberal democracies.The time for unilateral decisions based on sovereignty is over, insofaras democratic constitutions include and regulate the multi-nation state andthe federal principle, such as recognition and the means to agreement betweennations based on equality, respectively.

Federalism, the economic-industrial health care complex and high-cost pharmaceutical assistance in Brazil.

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da Fonseca, Elize Massard; Costa, Nilson do Rosario

2015-04-01

Brazil has a relevant, although relatively unknown, special medicines programme that distributes high-cost products, such as drugs needed for cancer treatments. In 2009, the purchase of these medicines became the responsibility of the Brazilian Federal Government. Until then, there were no clear norms regarding the responsibilities, in terms of the management/financing of these medicines, of the Brazilian Federal Government and of the states themselves. This qualitative study analyses the policy process needed to transfer this programme to the central government. The study examines the reports of the Tripartite Commission between 2000 and 2012, and in-depth interviews with eleven key informants were conducted. The study demonstrates that throughout the last decade, institutional changes have been made in regard to the federal management of these programmes (such as recentralisation of the purchasing of medicines). It concludes that these changes can be explained because of the efficiency of the coordinating mechanisms of the Federal Government. These findings reinforce the idea that the Ministry of Health is the main driver of public health policies, and it has opted for the recentralisation of activities as a result of the development project implicit in the agenda of the Industrial and Economic Heal.

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

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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

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

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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...

Fiscal Federalism and Local Government Finance in Nigeria

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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…

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)

Analysis of undergraduate cell biology contents in Brazilian public universities.

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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.

Constitutional developments in Latin American abortion law.

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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.

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

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

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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,…

The institute of head of the state in the mechanism of strengthening state unity and the rule of law (theoretical-historical and constitutional-legal interpretation

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Andrey V. Bezrukov

2018-01-01

Full Text Available The subject. The article investigates historical legal, theoretical-methodological and constitutional-legal problems of the formation and functioning of the institute of the head of state.The purpose of the study is to show how the constitutional functions of the head of state concretize his powers.The study is based on the use of methods of analysis and synthesis, historical legal, formal legal, comparative legal methods, scientific abstraction.The main scientific results. The authors summarize that the historical and legal analysis shows the key role of the head of state in the mechanism of ensuring state unity and law and order. Reality testifies the fact that the role of the President of the Russian Federation creates sufficient constitutional and legal grounds and conditions for the consolidated work of all state authorities, including law enforcement agencies, in the direction of ensuring the unity of state power and constitutional law and order. The indicated directions are in many ways identical, organically interrelated and interdependent, systematically define the main lines of activity of the head of state, contributing to the improvement of the constitutional and legal mechanism for ensuring the rule of law in general. Firstly, the Constitution of the Russian Federation contains only the basic powers of the President of the Russian Federation, which are substantially expanded by the legislator and presidential decrees. Secondly, the President has so-called “hidden”, discretionary powers that are not directly enshrined in the Constitution of the Russian Federation, implicit in it and stem from the sense of presidential functions that manifest themselves in unforeseen extraordinary circumstances. Thus, the constitutional design of a strong presidential power allows the President of the Russian Federation to ensure the unity of the executive power and the exercise of the powers of the federal government throughout the territory of

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

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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)

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...

The federal structure: Can Congress commmandeer Nevada to participate in its federal high level waste disposal program?

International Nuclear Information System (INIS)

Davenport, J.

1993-01-01

This article examines the national disposal system for nuclear waste under the Nuclear Waste Policy Act (NWPA), as enacted in 1982 and amended in 1987 and 1992, focusing particularly on the constitutionality of the Act's open-quotes notice of disapprovalclose quotes and open-quotes congressional overrideclose quotes provisions. Part I of this article describes the notice of disapproval and congressional override provisions of the NWPA, including a brief analysis of their legislative history. Part II discusses the advantages of the federal structure as a protection against the exercise of autocratic congressional power, and studies the United States Supreme Court's approach to federalism in two recent cases. Part III addresses Nevada's experience under the NWPA. Parts IV and V analyze the constitutionality of the notice of disapproval and congressional override provisions of the NWPA in light of these two Supreme Court holdings. Part VI discusses the open-quotes environmental subsidyclose quotes imposed by the NWPA. Part VII concludes the article with a more practical, workable and constitutionally-defensible alternative to the existing waste disposal siting process

A Teoria da Bondade Natural e a Regulação da Questão Indígena no Brasil / The Theory of Natural Goodness in the Regulation of Indigenous Issues in Brazil

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Julianne Holder da Câmara Silva Feijó

2016-10-01

Full Text Available Purpose – To perform an analysis of the Brazilian law concerning indigenous issues combined with the analysis of the State’s role as the realization of their rights, in order to identify the influence that the theory of natural goodness would have exercised and still exercises on regulatory approaches, even after the changes introduced by the Federal Constitution of 1988. Methodology/approach/design – Based on the work of Afonso Arinos entitled “The Brazilian Indian and the French Revolution: Brazilian origins of the theory of natural goodness”, this paper identifies influences of that theory in the Brazilian regulation of indigenous issues through a survey of historic legislation and nowadays policies. Findings – The regulatory paradigm of acculturation of indigenous has been strongly influenced by the theory of natural goodness and has been reproduced in nowadays policies in Brazil, fostering the denial of rights and dignity of those communities. Practical implications – This article poses a strong criticism of the inaction of Brazil’s political arena to the efficacy of regulatory changes introduced by the current constitutional order, weakening thus the normative force of the Constitution and the legitimacy of the rule of law.

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

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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.

BETWEEN EUROPEANIZATION, UNITARISM AND AUTONOMY. REMARKS ON THE CURRENT SITUATION OF FEDERALISM IN AUSTRIA

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Peter Bußjäger

2010-04-01

Full Text Available The following article describes current challenges of Austrian federalism. On ground of the Federal Constitution from 1920 Austria is a federation with nine autonomous Länder. Federalism is one of the basic principles of the constitution. Nevertheless the Länder are faced with centralizing drive due to Europeanization and unitarism. On the other hand the Länder have a strong regional identity. The Länder are emotionally deeply rooted in theAustrian population. The Länder also participate well in the decision making process on European level.Nevertheless the division of competencies both in legislation and administration between Federation and Länder is complicated and needs to be modernised. In the past various reform projects on federal level had failed while various reforms in the Land constitutions have led to more innovation on Land level. Despite these facts paradigms of reform debates on Austria´s federal system have changed: Until the early nineties of 20th century constitutionalreforms aimed to strengthen the role of the Länder. Since Austria´saccession to the EU reform projects the efficiency of the federal structures of Austria are doubted. Economical and financial crisis probably will increase the pressure for structural reforms.

Stranding Events of Kogia Whales along the Brazilian Coast.

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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.

Constitutional changes and the dilemmas of constitutionalism

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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.

Publication in a Brazilian journal by Brazilian scientists whose papers have international impact.

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Meneghini, R

2010-09-01

Nine Brazilian scientists with an outstanding profile of international publications were invited to publish an original article in the same issue of a Brazilian Journal (Anais da Academia Brasileira de Ciências). The objective was to measure the impact of the papers on the number of citations to the articles, the assumption being that these authors would carry their international prestige to the Brazilian periodical. In a 2-year period there was a larger number of citations of these articles compared to others published in the same journal. Nevertheless, the number of citations in Brazilian journals did not equal the number of citations obtained by the other papers by the same authors in their international publications within the same 2-year period. The reasons for this difference in the number of citations could be either that less significant invited articles were submitted or that it was due to the intrinsic lack of visibility of the Brazilian journals, but this could not be fully determined with the present data. Also relevant was a comparison between the citations of Brazilian journals and the publication in Brazilian journals by these selected authors. A clear imbalance due to a remarkable under-citation of Brazilian authors by authors publishing in Brazilian journals raises the possibility that psychological factors may affect the decision of citing Brazilian journals.

Federal Law "On Prosecutor's Office of the Russian Federation": Conditions of Adoption and Development Trends

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Boris V. Korobeynikov

2015-12-01

Full Text Available Adoption of the Federal Law "On Prosecutor's Office of the Russian Federation" in 1992 took place in a tough fight in the time of privatization and restructuring. At this time, revealed numerous violations. Prosecution authorities stood on the position of the rule of law and the interests of the state, has become a serious obstacle to the forces that destroy the state and its economy. In the 90 years of the twentieth century, the prosecutor's office declined status in the society, which is reflected in the text of the new Constitution of the Russian Federation (1993, containing only one, 129 article devoted to the prosecuting authorities, while there were five (Article in the Constitution of the USSR of such articles . 164, 165, 166, 167, 168. Also, the law "On the Prosecutor's Office of the Russian Federation" does not include an article on the problems of supervision in this direction, as well as Art. 30 "to arrest". These changes to the law the prosecutor's office indicate the desire of the legislator to downplay the independence of the prosecution and its role in countering the massive violation of the law of the initial period of "perestroika". The role of politics in the legal regulation of the activities of the prosecutor's office is determined by the law "On the Prosecutor's Office of the Russian Federation" and the insertion in the amended. The activities of the prosecution authorities, the powers of prosecutors are regulated by criminal procedure, civil procedure, arbitration procedure and other legislation, which varies due to the effects of many political reasons.

At the Early Brazilian Republic, Bulhoes Carvalho legalizes the statistical activity and put it into the State’s order

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Nelson de Castro Senra

2009-12-01

Full Text Available Recreated in the early days of the Brazilian Republic (jan./1890 as a central agency, the General Directory of Statistics (DGE faced difficulties in consolidating the Brazilian statistical activity. A new time only was achieved when José Luiz Sayão de Bulhões Carvalho (1866-1940, a medical doctor specialist in public health dedicated to demographic studies and researches, took its direction (in two times for almost 17 years. His performance applied to facilitate the interaction of DGE with its similar agencies in the federation. He idealized agreements with provincial statistical agencies; imagined counsels (or committees for making collective decisions; imagined a national statistical conference based on the experience he has accumulated in two conferences of the International Statistical Institute (ISI; applied attention to the formation of a statistical professional community; encouraged and sponsored the translation of books, among other measures. The Census of 1920, he had made, the only major census at the Early Brazilian Republic, was guided by friendly relations with the federal and provincial statistical organizations and with the society (Catholic Church, media, unions, clubs etc.. It was, we can say, a modern census, using processing machines, and concluded in a timely fashion. The printed volumes of results were illustrated by pictorial graphics, also used at the Pavilion of Statistics, called (by the press the Pavilion of Precisely Science, which fixed the presence of DGE in the International Exhibit of the Brazilian Independence Centennial (1822-1922. With his experience, anticipated the basis of Brazilian Institute of Geography and Statistics (IBGE, created in 1936 as the new Brazilian Statistical central agency (still working with growing success, that can be see, in sum, as a measure of his success in a long term vision.

Reverse logistics in the Brazilian construction industry.

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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.

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...

Brazilian Amazon Roads and Parks: Temporal & Spatial Deforestation Dynamics

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Pfaff, A.; Robalino, J.

2011-12-01

Heterogeneous Forest Impacts of Transport Infrastructure: spatial frontier dynamics & impacts of Brazilian Amazon road changes Prior research on road impacts has almost completely ignored heterogeneity of impacts and as a result both empirically understated potential impact and missed policy potential. We note von Thunen's model suggests not only heterogeneity with distance from market but also specifically road impacts rising then falling with distance ('non-monoThunicity') Endogenous development and partial adjustment dynamics support this for the short run. Causal effects result from studying Brazilian Amazon deforestation (1976-87, 2000-04) using matching for short-run responses to lagged new roads changes (1968-75, 1985-00). We show the critical role of prior development, proxied by 1968 and 1985 road distances, for which exact matching addresses development trends and transforms impact estimates. Splitting the sample on this measure finds confirmation of the nonmonotonic predictions: new road impacts are relatively low if a prior road was close, such that prior transport access and endogenous development dynamics compete with the new road for influence, but also if a prior road was far, since first-decade adjustment in pristine areas is limited; yet in between these bounds, investments immediately raise deforestation significantly. This pattern helps to explain lower estimates within research on a single average impact. It suggests potential for REDD if a country chooses to shift its spatial transport networks. Protected Areas & Brazilian Amazon Deforestation: modeling and testing the impacts of varied PA strategies We model and then estimate the impacts of multiple types of protected areas upon 2000 - 2004 deforestation in the Brazilian Amazon. Our modeling starts with federal versus state objectives and predicts differences in both choice and implementation of each PA strategy that we examine. Our empirical examination brings not only breakdowns sufficient

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%).

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

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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%.

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

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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.

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

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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

Cytogenetics of the Brazilian Bolitoglossa paraensis (Unterstein, 1930 salamanders (Caudata, Plethodontidae

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Jéssica Barata da Silva

2014-09-01

Full Text Available Plethodontid salamanders of genus Bolitoglossa constitute the largest and most diverse group of salamanders, including around 20% of living caudate species. Recent studies have indicated the occurrence of five recognized species in the Brazilian Amazon Rainforest. We present here the first cytogenetic data of a Brazilian salamander, which may prove to be a useful by contribution to the cytotaxonomy of the genus. Specimens were collected near the "type" locality (Utinga, Belém, PA, Brazil. Chromosomal preparations from duodenal epithelial cells and testes were subjected to Giemsa staining, C-banding and DAPI/CMA3 fluorochrome staining. All specimens showed a karyotype with 13 bi-armed chromosome pairs (2n = 26. Nucleolar Organizer Regions, evidenced by CMA3, were located distally on the long arm of pair 7 (7q. DAPI+ heterochromatin was predominantly centromeric, with some small pericentromeric bands. Although the C-banding patterns of other Bolitoglossa species are so far unknown, cytogenetic studies conducted in other Plethodontid salamanders have demonstrated that pericentromeric heterochromatin is a useful cytological marker for identifying interspecific homeologies. Species diversification is usually accompanied by chromosomal changes. Therefore, the cytogenetic characterization of Bolitoglossa populations from the middle and western Brazilian Amazon Basin could identify differences which may lead to the identification of new species.

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...

Labor law and petroleum industry: the employee in Law number 5.811/72; Direito do trabalho e industria do petroleo: o empregado em face da lei n. 5.811/72

Energy Technology Data Exchange (ETDEWEB)

Galvao, Katia C.P.; Yvi, Maytta A.S.; Mendonca, Fabiano A.S. [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil). Faculdade de Direito

2004-07-01

The Law n. 5.811, of October 11th, 1972, created a special labor code for the employees of petroleum industry. It brought a new work regime for those employees, based on work by rotation. However, after the promulgation of the Brazilian's Federal Constitution of 1988, the constitutionality of the Law has been put in proof. The present text approaches the main controversies of the theme, giving a systematic interpretation to the Law, through the observation of interpretative rules and principles of Brazilian's juridical system. It concludes that the Law is constitutional when stipulates eight hour work by rotation, and considers that the payment of suppressed rest hours, the Sunday work, the night work and the hours 'in itinere' must be interpreted such as wrote on the Law. This way of interpretation is clearly in consonance with the Brazilian's juridical system and with the main purpose of any labor Law, which is the protection of the employees and establishment of healthy work conditions. (author)

Elderly health and implementation of the Brazilian National Health Policy for Elderly Persons on the performed actions in basic healthcare

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SCHMINSKI VIEIRA, Roseli

2016-06-01

Full Text Available The Brazilian National Health Policy for Elderly Persons (PNSPI – in Portuguese was formulated by the Ministry of Health through Ordinance No. 2.528/2006 in line with the 1988 Brazilian Constitution. The study investigated whether municipalities from the South region of the State of Santa Catarina had knowledge and applied the PNSPI, on the performed actions in basic healthcare, especially on the Units of Family Healthcare Services based on what the Constitution and the Statute of the Elderly comprise. A deductive method with a qualitative approach and a descriptive research were used. As a result, some difficulties experienced by the research subjects related to two important points of policies and strategies of PNSPI were identified: the lack of a planned policy and of a continuous health education for the elderly; and the lack of a stimulating exercise of social control, whether in the health sector, or in the Municipal Council of Elderly People.

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

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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.

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.)

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 ...

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.

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

Exú's Work – The Agency of Ritual Objects in Southeast Brazilian Umbanda

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Eleonora A. Lundell

2016-06-01

Full Text Available This article concentrates on the material side of religious intimacy in Afro-Brazilian Umbanda through an ‘ontographic’ perspective as well as looking at materiality as evidence. It is based on an eleven-month fieldwork among devotees, clients and individual practitioners of Umbanda in Southeast Brazilian metropolises, especially in São Paulo. In people’s experiences of spiritual work (trabalho and spiritual development (desenvolvimento carried out with Exús – guardians, guides and protectors who have, after their death, returned in order to work for people’s wellbeing – ritual objects (such as bodies, clothes, beverages, herbs, cigarettes, candles, songs are seen as constitutive in knowledge production and life transformation. The central claim in this article is that diverse material and immaterial objects through which Exús interact and materialise, are not primarily symbolic nor representative, but are re-configurative.

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)

Comparison of postmenopausal endogenous sex hormones among Japanese, Japanese Brazilians, and non-Japanese Brazilians

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Maciel Maria

2011-02-01

Full Text Available Abstract Background Differences in sex hormone levels among populations might contribute to the variation in breast cancer incidence across countries. Previous studies have shown higher breast cancer incidence and mortality among Japanese Brazilians than among Japanese. To clarify the difference in hormone levels among populations, we compared postmenopausal endogenous sex hormone levels among Japanese living in Japan, Japanese Brazilians living in the state of São Paulo, and non-Japanese Brazilians living in the state of São Paulo. Methods A cross-sectional study was conducted using a control group of case-control studies in Nagano, Japan, and São Paulo, Brazil. Participants were postmenopausal women older than 55 years of age who provided blood samples. We measured estradiol, estrone, androstenedione, dehydroepiandrosterone sulfate (DHEAS, testosterone and free testosterone by radioimmunoassay; bioavailable estradiol by the ammonium sulfate precipitation method; and sex hormone-binding globulin (SHBG by immunoradiometric assay. A total of 363 women were included for the present analyses, comprising 185 Japanese, 44 Japanese Brazilians and 134 non-Japanese Brazilians. Results Japanese Brazilians had significantly higher levels of estradiol, bioavailable estradiol, estrone, testosterone and free testosterone levels, and lower SHBG levels, than Japanese. Japanese Brazilians also had significantly higher levels of bioavailable estradiol, estrone and DHEAS and lower levels of SHBG and androstenedione than non-Japanese Brazilians. Levels of estradiol, testosterone and free testosterone, however, did not differ between Japanese Brazilians and non-Japanese Brazilians. These differences were observed even after adjustment for known breast cancer risk factors. We also found an increase in estrogen and androgen levels with increasing body mass index, but no association for most of the other known risk factors. Conclusions We found higher levels of

Panorama of the Brazilian correctional structure

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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

Considerações sobre a prevalência dos tratados internacionais sobre a legislação tributária brasileira: o caso do MERCOSUL

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Maria de Fátima Ribeiro

1997-12-01

Full Text Available This is a study on the main aspects discussed in the Brazilian doctrine and the jurisprudence concerning the prevalence of international treaties and conventions for internal tax legislation. Considerations are made on the Brazilian federate and sovereignty principles and on the competence constitutionally established for all the political entities of the Brazilian State. Article 151, section III of the Federal Constitution must be pointed out for its purpose on stating that the Union shall not exempt the States, the Federal District and the Municipalities from respective taxes. Article 98 of the National Tax Code is also considered for its disposition concerning legislation from international treaties and agreements on tax norms of the positive system currently in force.Trata-se de estudo sobre os principais aspectos discutidos na doutrina e na jurisprudência brasileira sobre a prevalência dos tratados e convenções internacionais sobre a legislação tributária interna. Necessário se faz apresentar considerações sobre o princípio federativo brasileiro, o princípio da soberania e o da competência constitucionalmente estabelecida para todos os entes políticos do Estado brasileiro. Merece maior destaque o art. 151, inciso III da Constituição Federal ao enaltecer que a União não poderá conceder isenções de tributos de competência dos Estados, Distrito Federal e Municípios, bem como a análise do art. 98 do Código Tributário Nacional dispondo sobre as introduções legislativas provenientes de tratados e acordos internacionais sobre as normas tributárias do sistema positivo vigente.

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

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.

New approaches for improving energy efficiency in the Brazilian industry

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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.

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...

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.

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.…

Women neurologist: a worldwide and Brazilian struggle

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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".

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").

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.

Epidemiology and treatment of psoriasis: a Brazilian perspective

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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

Problems concerning the Federal Government-Laender relationship in nuclear law

International Nuclear Information System (INIS)

Lange, K.

1990-01-01

The Atomic Energy Act is characterized by extremely extensive powers of decision and sole responsibility of the executive. Its profile is determined by discretionary assessment powers in connection with the interpretation of the given preconditions of pertinent legal standards and by judically not verifiable assessment possibilities in connection with legal consequences. In this situation, the authority to instruct, given to the Federal Government within the framework of the execution of Federal laws by Laender according to the instructions of the Federal Government pursuant to section 85 III Basic Law, is of special, far-reaching significance. The article investigates the limitatations of the Federal Government's power to instruct Laender to carry out activities underlying Federal laws: The burden has to be bearable for the Laender, the directions have to be absolutely clear. The fruitlessness of a Federal Government-Laender court case, in which a Land turns to the Federal Constitutional Court because of an instruction which, in the Land's eyes, would lead it to act unlawfully, does not principally exclude a Land from seeking legal protection in the administrative courts of law. It can only be hoped that the Federal Government will make use of its powers to instruct Laender with the necessary sensitivity, also in those cases when Laender, according to an appropriate decision of the Federal Constitutional Court, cannot enforce by legal proceedings the state's obligation to act in line with legal order. (orig./HSCH) [de

The Fallacious Ressocializing Ideology of Imprisonment: An Analysis of the Brazilian Correctional System

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Luiz Fernando Kazmierczak

2015-12-01

Full Text Available The ideological significance in Brazilian prison system reality, usually, fulfills a purpose only expected in criminal conviction sentencing according to deprivation of freedom. Thus, there is a misunderstandig of the rehabilitation concept withspace not your discourse of application. Because of that, the current research based on literature review method aims to achieve a constitutional reinterpretation of Brazilian criminal system andof its ideological significance, as well as analyzing a review and election of legal goods (bem jurídico that are under the protection of criminal law. The overcrowding and the lack of minimal conditions are clearly shown in INFOPENs numbers, astounding numbers, which provides us an overview of this unfortunate reality. Restructuring this system is only one of the possible solutions to this problem, and, in addition to it, a constitutional review over the entire Criminal Justice is imperious to avoid a sort of segregation that, unfortunately, might be originated by the pacifying instrument itself (the criminal law, with a critical analysis about valuating and electing the legal interests that are legally protected, as well as a new interpretation of the wrongdoing, rejecting the mere comparison between the facts and the cold text of the law once taught by the classical formalistic doctrine, bringing up a constitutional perspective, so that the criminal standards can be examined in a way that takes evaluative aspects into consideration (in a materialistic and guarantistic ways, presuming that although there is, implicitly or explicitly, an attack to the law (wrongdoing, we cant move away from the idea that the agreement must be privileged as a possibility in a matter of solving criminal issues.

Management of information security risks in a federal public institution: a case study

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Jackson Gomes Soares Souza

2016-11-01

Full Text Available Public institutions bound to the Brazilian federal public sector must apply security measures, policies, procedures and guidelines as information assets protection measures. This case study sought to determine whether the management of information security risks is applied in a federal public institution according to Information Technology (I.T. managers perceptions and the results expose the importance of the roles played by people, responsibilities, policies, standards, procedures and their implementation aiming greater control of information security risks and opportunities related to information technology security.

Constitutional judges (guarantee of the Constitution and responsibility

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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.

EL DERECHO AMBIENTAL COMO ELEMENTO INTEGRANTE DEL NUCLEO DEL MINIMO EXISTENCIAL, A FIN DE GARANTIZAR LOS DEMÁS DERECHOS DE LA PERSONALIDAD

OpenAIRE

Garcez, Gabriela Soldano; Freitas, Gilberto Passos de; Universidade Católica de Santos

2014-01-01

The 1988 Brazilian Federal Constitution brought about a widening in the concept of the family due to the acknowledgement of new familial entities besides those produced by marriage. Henceforth the family has been defined as a plural institution based on dignity, equality and solidarity, aiming at affection, regardless of sexual choice. After the decision of the Supreme Federal Court in making equivalent the homoaffective stable union to heterosexual marriage, new rights have been guaranteed t...

Políticas de saúde no Brasil nos anos 2000: a agenda federal de prioridades Health policies in Brazil in the 2000s: the national priority agenda

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Cristiani Vieira Machado

2011-03-01

Full Text Available O artigo analisa as prioridades da política nacional da saúde no período de 2003 a 2008, correspondente ao Governo Lula. A pesquisa envolveu revisão bibliográfica, análise documental, análise de dados e entrevistas com dirigentes federais. Foram identificadas quatro prioridades na agenda federal da saúde: a Estratégia Saúde da Família, o Brasil Sorridente, os Serviços de Atendimento Móvel de Urgência e o programa Farmácia Popular. A primeira configura uma política de alta densidade institucional, iniciada no governo anterior, constituindo um exemplo de "dependência da trajetória". As demais foram adotadas como marcos de governo e trouxeram inovações em áreas em que havia fragilidades da atuação federal. As quatro políticas prioritárias analisadas se voltam para problemas relevantes do sistema de saúde brasileiro, porém apresentam diferenças quanto à sua trajetória, base de apoio e implicações para os princípios do Sistema Único de Saúde. Apesar de mudanças incrementais, observou-se a predominância de elementos de continuidade na política nacional de saúde no período.This article analyzes Brazilian national health priorities from 2003 to 2008 under the Lula Administration. The study included a literature review, document analysis, and interviews with Federal health administrators. Four priorities were identified on the national health agenda: the Family Health Program, Smiling Brazil, Mobile Emergency Services, and the Popular Pharmacy Program. The first is a policy with high institutional density launched by the previous Administration, constituting an example of path dependence. The other three are innovations in areas where there had been weaknesses in Federal government action. The four policy priorities are strategies focused on solving key problems in the Brazilian health system. However, they display important differences in their historical development, political and institutional base, inclusion on

Influences of economic development in the Brazilian energy efficiency projects

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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.

Pollution laws in Germany and in Brazil. Umweltrecht in Deutschland und Brasilien

Energy Technology Data Exchange (ETDEWEB)

Bothe, M. (ed.)

1990-01-01

In October 1988, the 7th annual meeting of the German-Brazilian Lawyers' Association took place in the Federal Republic of Germany. With pollution laws being the main subject, a comparative evaluation was given of the two countries' legal situations. A Portuguese contribution was dealing with Amazon economy and ecology as an important Brazilian topic of world-wide interest. A German topic of international concern are environmental impact statements in German development projects. Details are given about practical experiences gained in the application of German pollution laws, in environmental authority matters, and in the application of pollution regulations as part of the new Brazilian Constitution. (HSCH).

The local power supply in the German Federal Republic

International Nuclear Information System (INIS)

Tettinger, P.J.

1992-01-01

The article first examines the contours of the foundations of the communes' competence to act autonomously, which have been laid by constitutional jurisdiction and jurisprudence. Next, the limits that constitutional law sets to the communes' competence in the field of energy politics are scrutinized. These limits firstly result from the confinement of the communal administrative unions' competence to a local sphere, and secondly from the additional constraints of Federal law, particularly the Law Concerning the Power Economy, and of the law of the Laender, here primarily communal commercial law. It is concluded that the limits to the communal administrative unions' competence must be strictly observed and the constraints imposed by power law and communal commercial law respected. Under the present constitutional law the guarantee of communal autonomy at least provides no legal means of defying decisions and directives under the laws of the Federation or the Laender that apply supraregionally. (orig./HSCH) [de

Discussing the Life of the Others: Doing Ethnography in the Brazilian Big Brother Fan Community

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Bruno Campanella

2009-05-01

Full Text Available The aim of this paper is to present some of the initial results of ethnographic research conducted in early 2008 with the online fan community of the Brazilian Big Brother (BBB. After a brief introduction to some of the challenges faced by ethnographic work on television audiences in the last couple of decades, the current piece will explore some of the main characteristics constituting this new social space. Beyond the gossiping, and the more immediate talks about behaviors and game strategies of the Big Brother housemates, these forums sometimes trigger exchanges about Brazilian society at large, and the role of television broadcasting in general. Nonetheless, a closer inspection reveals how the debates found in the community are themselves permeated by the participants' struggle for status.

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.

The health services wastes management of a sample of brazilian hospitals

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Claude Machline

2006-07-01

Full Text Available This paper focuses the Health Services wastes management of 70 Brazilian hospitals. As the outcome of a distance course, in 2003, each hospital was required to describe its existing Health Services wastes system and its Plan for improvement.The project was administered by an association of two leading Brazilian educational entities, the Fundação Getulio Vargas and the Universidade Federal de Santa Catarina. Data concerning collection, disposal and final treatment of infectious, hazardous, chemical, radioactive and common wastes were tabulated and analysed. Water supply, liquid effluents and gaseous emissions were also investigated..Their technical and economical aspects were appraised. The research indicates that the sampled hospitals are still in an incipient stage of wastes management. An extensive gap exists between the present situation and the legal and acceptable requirements they should comply with, both on health care and on environmental standpoints.

Opportunities to improve the private capital in Brazilian electricity supply industry

International Nuclear Information System (INIS)

Medeiros, R.A. de.

1993-08-01

The Brazilian electricity supply industry has passed substantial changes in the last fifty years. In the 50's was almost completely controlled by foreign companies. In the 70's, it turned to be almost exclusively ruled by Federal and State Enterprises. In the 80's the electricity supply sector started a financial and institutional crises. Some changes, already in course, indicate new changes of it for the next years. This study give emphasis to: the reasons that lead to a fast and well succeeded State intervention in the post-war; the multiple reasons of the recent crisis in sector, trying to insert it in the general context of the country; the alternative that have being formulated to overcome the obstacles created by the crisis; and the main factors for an efficient re-structure of the Brazilian electricity sector for the next years, included privatisation. (author)

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

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Marta Rodriguez de Assis Machado

2015-01-01

Full Text Available 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 diagnosis about how the Brazilian Judiciary deals with racism and racial discrimination and to understand the potential and limitations of the existing legal instruments to confront the social problems of racism in Brazil. In the introduction of the paper, we present a brief explanation about the history of Brazilian punitive antiracist statutes, and we discuss the existing research in this field. Afterwards we explain our methodological choices used to construct this research and how we interpreted the data collected. In section three, we present our main quantitative findings. Finally, we discuss it critically and make some considerations about the strategy of the social movements involving the juridification of racism via criminal law. We also raise some questions for a future research agenda.

First report of Rhodnius stali (Hemiptera, Reduviidae, Triatominae in the State of Acre and in the Brazilian Amazon

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Dionatas Ulises de Oliveira Meneguetti

2016-06-01

Full Text Available Abstract: INTRODUCTION: This paper reports, for the first time, the presence of Rhodnius stali in the state of Acre and in the Brazilian Amazon. METHODS: Specimens of R. stali were collected by the Federal University of Acre in Rio Branco. RESULTS: The number of Triatominae species in the State of Acre increased from five to six. This was also the first report of R. stali in the Brazilian Amazon. CONCLUSIONS: The occurrence of R. stali is worrisome, since this species has been found naturally infected by Trypanosoma cruzi and there has been evidence of its domiciliation capabilities.

History of psychological knowledge in Brazilian culture: Weaving threads on the loom of time.

Science.gov (United States)

Massimi, Marina; Gontijo, Sandro R

2015-05-01

After a brief presentation of the research program on the "history of psychological knowledge in the ambit of cultural history," this article addresses 2 issues that we consider particularly important from the methodological point of view: the notion of multiple temporalities (regimes of historicity) and of complexity as characteristics of the contexture of Brazilian culture. It will be shown how both require specific attention from the researcher, because the process of incorporation of psychology in Brazil over time is complex and articulated according to various regimes of historicity that intersect and interpenetrate each other, without being exclusive. Our approach will be exemplified by the concept of memory, showing how this can be grasped in its constitution in Brazilian culture, which is composed of several sedimented layers according to different temporalities. (c) 2015 APA, all rights reserved).

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

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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.

Integrating competition and planning: A mixed institutional model of the Brazilian electric power sector

International Nuclear Information System (INIS)

Bajay, S.V.

2006-01-01

During the past decade, the Brazilian electric power sector went through similar institutional changes taken place in both developing and developed countries. The main goals for such changes were to inject competition into the generation and supply links of the sector's production chain and to reduce public debt via privatization of state-owned utilities that dominated the pre-reform sector. This paper discusses why these changes took place in Brazil and explains why the results of the reform model implemented by the previous federal administration were unsatisfactory. The current federal administration has substantially altered the prior model, aiming to remedy insufficient private investment in new power stations that caused a serious power shortage in 2001. The paper addresses the main characteristics of the new model, which implements (a) public biddings of new power plants for all distribution utilities in the country, and (b) forward planning of optimal commissioning times and capacity of new plants. The paper ends with a discussion of the potential benefits and drawbacks of the new scheme and the role of the regulator in the early stage of the ongoing transition in the Brazilian electrical power industry. (author)

Nuclear supervision - federal executive administration or federal self-administration. From the view of an optimum task fulfillment

International Nuclear Information System (INIS)

Renneberg, W.

2005-01-01

The problem of the nuclear supervision, i.e. the question wether the federal executive administration can be considered a sustainable concept for the future within the framework of the atomic energy law is discussed in the paper. Without a complete refinancing of the nuclear supervision it is not possible to develop or at least keep a scientific and technical competence within the federal administration. In this context the results of the Kienbaum survey are reported. The objections and concerns with respect to the discussed federal self-administration model as alternative include possibly required changes of the constitutional law, aggravation of the loss of competence, the future of radiation protection, and interfaces to other fields of law, like emergency management

The Bases of Federalism and Decentralization in Education

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Carlos Ornelas

2003-05-01

Full Text Available This essay uses the Weberian-type ideal to define the conceptual bases of federalism and the decentralization of education. Classic federalism, ficticious federalism (corporativism, the origins and the indigenous version of the new federalism are discussed. We conclude that Mexican constitutional federalism is baroque and ambiguous. Based on theory and the experiences of various countries, bureaucratic centralism and its main characteristics are defined. As a contrast, a typology of educational decentralization is developed. Taken into account are its political, judicial and administrative definitions; a distinction is made between delegation and decentralization. It is argued that with the signing of the Agreement for the Modernization of Basic Education, the Mexican government sought to increase its legitimacy without losing control of education.

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

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....

Business, Government and Foreign Policy: Brazilian Construction Firms Abroad

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Bernardo Frossard Silva Rego

2017-04-01

Full Text Available This article analyses the interaction between Brazilian companies and government in the context of foreign policy, observing the state's support for the internationalization of large Brazilian civil construction firms. The results show that over the years these companies had privileged access to the Federal Executive, including civil service agencies. One consequence of this system of channelling demands through the Executive was to demote the Legislative branch to a secondary role. This pattern of interaction changed following the restoration of Congress's decision-making capacity, prompting the sector to diversify its areas of influence, focusing in particular on the Congress. To expand internationally, construction firms interact with the government primarily through the Executive, specifically via the Ministry of Foreign Affairs (Itamaraty, which provides technical and diplomatic support, and the Banco Nacional de Desenvolvimento Econômico, which supplies funding. The main argument of this article is that foreign policy should be examined through the relations between state and non-state actors in a multitude of decision-making arenas, taking into consideration both domestic and international factors.

Federal finance: what can South Sudan and somalia learn from their ...

African Journals Online (AJOL)

The fiscal relationships between the federal and state governments are provided in the Constitution addressing the four major components of federal finance. The expenditure assignments among tiers of government appears to be in line with the general principles while taxing power is over concentrated in the hands of ...

Uterine Fibroid Symptom - Quality of Life questionnaire translation and validation into Brazilian Portuguese.

Science.gov (United States)

Silva, Rita Oliveira da; Gomes, Mariano Tamura Vieira; Castro, Rodrigo de Aquino; Bonduki, Cláudio Emílio; Girão, Manoel João Batista Castello

2016-10-01

Purpose  To translate into Portuguese, culturally adapt and validate the Uterine Fibroid Symptom - Quality of Life (UFS-QoL) questionnaire for Brazilian women with uterine leiomyoma. Methods  Initially, the UFS-QoL questionnaire was translated into Brazilian Portuguese in accordance with international standards, with subsequent cultural, structural, conceptual and semantic adaptations, so that patients were able to properly answer the questionnaire. Fifty patients with uterine leiomyoma and 19 patients without the disease, confirmed by abdominal pelvic examination and/or transvaginal ultrasound, were selected at the outpatient clinics of the Department of Gynecology of the Universidade Federal de São Paulo (Unifesp). The UFS-QoL questionnaire was administered to all women twice on the same day, with two different interviewers, with an interval of 15 minutes between interviews. After 15 days, the questionnaire was re-administered by the first interviewer. Reliability (internal consistency and test-retest), construct and discriminative validity were tested to ratify the questionnaire. Results  The reliability of the instrument was assessed by Cronbach's α coefficient with an overall result of 0.97, indicating high reliability. The survey results showed a high correlation ( p  = 0.94; p  ≤ 0.001). Conclusion  The UFS-QoL questionnaire was successfully adapted to the Brazilian Portuguese language and Brazilian culture, showing reliability and validity. Thieme Publicações Ltda Rio de Janeiro, Brazil.

Some Specific Features of the Object of Prosecutorial Supervision over the Observance of Constitutional Rights of the Individual to Work

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Daniil S. Tishkov

2017-08-01

Full Text Available The article defines the place of supervision functions within the system of the functions of prosecution bodies of the Russian Federation as one of the priority sectors of prosecutorial supervision. The legal regulation of prosecutorial supervision of the rights and freedoms of Russian Federation citizens is examined. The Author reveals the specific features of the subject of prosecutorial supervision in compliance with the constitutional rights of the individual to work based on the results of the current legislation system analysis. The assumption of the need for changes to the Prosecutor General of the Russian Federation organizational and administrative documents in order to increase the efficiency of prosecutorial supervision over the observance of individual’s constitutional rights to work is expressed.

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

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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.

Brazilian healthcare in the context of austerity: private sector dominant, government sector failing.

Science.gov (United States)

Costa, Nilson do Rosário

2017-04-01

This paper presents the arguments in favor of government intervention in financing and regulation of health in Brazil. It describes the organizational arrangement of the Brazilian health system, for the purpose of reflection on the austerity agenda proposed for the country. Based on the literature in health economics, it discusses the hypothesis that the health sector in Brazil functions under the dominance of the private sector. The categories employed for analysis are those of the national health spending figures. An international comparison of indicators of health expenses shows that Brazilian public spending is a low proportion of total spending on Brazilian health. Expenditure on individuals' health by out-of-pocket payments is high, and this works against equitability. The private health services sector plays a crucial role in provision, and financing. Contrary to the belief put forward by the austerity agenda, public expenditure cannot be constrained because the government has failed in adequate provision of services to the poor. This paper argues that, since the Constitution did not veto activity by the private sector segment of the market, those interests that have the greatest capacity to vocalize have been successful in imposing their preferences in the configuration of the sector.

Monetary channels of social inclusion: a case study of basic income and the Caixa Econômica Federal in Brazil

OpenAIRE

Mettenheim, Kurt Eberhart von; Lima, Maria Fernanda Freire de

2014-01-01

This article reports evidence of new monetary channels for social inclusion involving basic income policies and the Caixa Econômica Federal, a Brazilian government savings bank. Since the Plano Real (Brazilian currency) and the liberalization of banking in the 1990s, the realization of competitive advantages by the Caixa as social policy agent and the importance of citizenship cards differ from existing theories of bank change, financial inclusion and monetary policy. Multi-method research re...

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 ...

Portfolio of patents after the Brazilian Innovation Act: the case of the Comissao Nacional de Energia Nuclear - CNEN (Brazilian National Nuclear Energy Commission)

International Nuclear Information System (INIS)

Pereira, Gustavo Jose; Guimaraes, Regia Ruth Ramirez; Perry, Katia da Silva Peixoto; Teruya, Dirceu Yoshikazu

2013-01-01

The process of technological development is due to the need to promote a solution to a particular problem of agents, compete with products and/or processes on the international market and to promote scientific advancement. Thus, the patent system is a repository of knowledge for protection, for promotion of diffusion through licensing agreements and an indicator of technological development. In 2004, the Brazilian Government enacted the Brazilian Innovation Act and the mechanisms were improved for cooperation between firms and public education, science and technology organisations and also promoted the commercialisation of technology produced by public education, science and technology organisations and the mandatory establishment of Technology Transfer Offices. The Comissao Nacional de Energia Nuclear (CNEN) is a federal agency responsible for basic and applied research in the field of nuclear technology and has used the patent system since the 1980s to protect its knowledge. With the advent of the Innovation Act in 2004, there was a significant boost in requests for patents in CNEN which also established an internal set of normative acts and created a System of Innovation Management and Technology Innovation Offices in its research institutes to support management and dissemination of knowledge. The aim of this case study is to present the profile of the requests for patents by CNEN before and after the enactment of the Brazilian Innovation Act covering the period of time between 1980 and 2010. (author)

The path of Brazilian social assistance policy post-1988: the significance of institutions and ideas

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Natália Guimarães Duarte Sátyro

2014-04-01

Full Text Available This paper analyzes the construction of the social assistance policy at the federal level in Brazil over the last two decades. It focuses on the Federal Constitution of 1988 and subsequent infra-constitutional legislation, especially that enacted during the Fernando Henrique Cardoso (FHC and Luiz Inácio Lula da Silva (Lula administrations, which showed very different conceptions of social policy. For both administrations, we analyze the consequences of the institutional changes and legal framework introduced as well as the social policy ideas that informed them. It is argued that the construction of social assistance in Brazil demanded much more than the constitutional provisions enacted in 1988. It included the entire set of subsequent constitutional legislation, a process in which the ruling party played a critical role. Categories of neo-institutionalism and the method of process tracing, plus in-depth interviews with relevant actors, were employed. Our findings point to the impact of the interaction between institutional structures, like constitutions and policy legacies, and the political projects of governing parties. Constitutional provisions, even if not bound to a policy, can prevent setbacks and anchor the action of pressure groups. They can also allow progressive administration to change the status quo.

Translation and cultural adaptation of the Aguado Syntax Test (AST) into Brazilian Portuguese.

Science.gov (United States)

Baggio, Gustavo Inheta; Hage, Simone Rocha de Vasconcellos

2017-12-07

To perform the translation and cultural adaptation of the Aguado Syntax Test (AST) into Brazilian Portuguese considering the linguistic and cultural reality of the language. The AST assesses the early morphosyntactic development in children aged 3 to 7 in terms of understanding and expression of various types of structures such as sentences, pronouns, verbal voices, comparisons, prepositions and verbal desinence as to number, mode and tense. The process of translation and cultural adaptation followed four steps: 1) preparation of two translations; 2) synthesis of consensual translations; 3) backtranslation; and 4) verification of equivalence between the initial translations and backtranslations that resulted in the final translated version. The whole process of translation and cultural adaptation revealed the presence of equivalence and reconciliation of the translated items and an almost complete semantic equivalence between the two translations and the absence of consistent translation difficulties. The AST was translated and culturally adapted into Brazilian Portuguese, constituting the first step towards validation and standardization of the test.

Citizenship and Combating Corruption Proposals Extrapenais of Brazilian Legal System Improvement

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Eduardo Augusto Salomão Cambi

2016-05-01

Full Text Available Corruption is one of the serious Brazilian problems. The embezzlement of public funds prevents the realization of fundamental social rights and delays national develop- ment prevent inhibiting the real access to citizenship. Brazil needs to face the paradox of being the eighth world’s largest economy, and having low human development indexes. Social justice does not coexist with impunity. Public funds, paid by taxpayers, sidetracked by corruption schemes, fail to reach the investments in the enlargement of public health, education, security and infrastructure. Moreover, the opportunity of corruption increases corruption when there is impunity. To reduce corruption levels in Brazil, it is urgent to think about legal system improvement alternatives, a task which is also entrusted to the academy. Although positive law does not change social reality, the lack of appropriate legal mechanisms prevents the equating of part of the Brazilian’s society problems, such as corruption. In the extrapenal sphere, beginning with constitutional law, it is important to emphasize the need to improve issues such as the strengthening of internal and external controls, reforming constitutional institutions, such as the Courts of Auditors. In addi- tion, the enlargement of transparency and social control of the prosecution performance in infra constitutional sphere requires fundamental legislative reforms, in order to provide for the realization of the human rights enshrined in the 1988 Constitution.

To Understand the “Brazilian Way” of School Management: How National Culture Influences the Organizational Culture and School Leadership

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Ana Maria de Albuquerque Moreira

2018-06-01

Full Text Available This study aims to identify characteristics of national culture in the culture of Brazilian school management and leadership. Considering the broad literature that deals with the peculiarities of Brazilian culture and its influence on Brazilian management, it is assumed that as an institution belonging to a particular society, the school offers internal dynamics that are organized under influences of historical and cultural determinants of this society. This work is an exploratory study that uses secondary data found in studies on the profiles of principals, leadership, climate, and organizational culture in schools and primary data from research applied in public secondary schools located in the Federal District, Brazil. The results demonstrate that the initial premise—national culture influences the organizational culture and school leadership—has been confirmed and aspects that merit further analysis are identified.

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.

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.

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

Plot and irony in childbirth narratives of middle-class Brazilian women.

Science.gov (United States)

O'Dougherty, Maureen

2013-03-01

Brazil's rate of cesarean deliveries is among the highest in the world and constitutes the majority of childbirths in private hospitals. This study examines ways middle-class Brazilian women are exercising agency in this context. It draws from sociolinguistics to examine narrative structure and dramatic properties of 120 childbirth narratives of 68 low- to high-income women. Surgical delivery constituted 62% of the total. I focus on 20 young middle-class women, of whom 17 had C-sections. Doctors determined mode of childbirth pre-emptively or appeared to accommodate women's wishes, while framing the scenario as necessitating surgical delivery. The women strove to imbue C-section deliveries with value and meaning through staging, filming, familial presence, attempting induced labor, or humanized childbirth. Their stories indicate that class privilege does not lead to choice over childbirth mode. The women nonetheless struggle over the significance of their agency in childbirth. © 2013 by the American Anthropological Association.

Legislative Proceedings beyond the Parliament in Authoritarian States: a comparative analysis between the 1930 Italian and 1940 Brazilian Criminal Codes

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Diego Nunes

2016-12-01

out by the Italian fascism and the Brazilian “Estado Novo”, to understand the constitutional legitimacy for the parliament’s dismissal and the collaboration of renowned lawyers for codemaking, but without the ultimate control of popular representation. Analyzing the historical documents as the code-drafts and the criminal historiography, this paper concludes that in Italy, the parliament itself has abdicated its competence by a delegation of powers to the government and in Brazil, the 1937 coup d’État imposed a new constitution in which the x legislative competence fully to the Executive Power. Furthermore, both the regimes used intellectual legitimacy by jurists.

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.

Social, economic and environmental assessment of energy and water desalination options for the Brazilian polygon of drought using the IRIS reactor

International Nuclear Information System (INIS)

Baptista Filho, D. P.; Cegalla, M.; Raduan, R. N.; Barroso, A. C. O.; Molnary, L.; Lima, F. R. A.; Lira, C. A. B. O.; Lima, R. C. F.

2004-01-01

The paper discuss a project conceived to perform a social, economic and environmental assessment of the use of IRIS Reactor for electricity generation and water desalination in the most dry region of Brazil, the Polygon of Drought. The project is financed by the Fund of Energy of the Brazilian Council on Research and Development (CNPq) of the Brazilian Ministry of Science and Technology (MCT), and it will be performed by the Federal University of Pernambuco (UFPe) and the Energetic and Nuclear Research Institute (IPEN) of the Brazilian Nuclear Energy Commission (CNEN). The project will provide comparisons between nuclear and gas options. The final objective of the project is to offer effective evaluations considering the total costs (direct and externalisation) of the different energy options and also the social and environmental aspects associated with them.(author)

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

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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

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)

The Implications of the European Integration Process of Kosovo's Constitutional Order

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Flamur Hyseni

2017-08-01

Full Text Available In this article I have analyzed and studied on what are the implications of the European integration process of Kosovo’s constitutional order and how much of institutional order Kosovo has, also how much of the effects of the European integration process has used. I’ve made a brief analysis of the establishment of the constitutional order of Kosovo in the former federal state of Yugoslavia and establishment of Kosovo under international administration. However an analyze and more detailed study I’ve made on the first report of contracting between Kosovo and EU, Stabilization and Association Agreement which will be implemented in Kosovo through the National Program for the Implementation of the Stabilization and Association Agreement that was approved by the Government on 16 December 2015 and by the Assembly on 10 March 2016. The other aspect of the study and analysis in this article is the study of acts to protect the territorial integrity of Kosovo, which are: 12244/99 resolution of the UN Security Council, Constitutional Framework for Provisional Self- Government in Kosovo, 16 May 2001, Declaration of Independence, 17 February 2008 and the Constitution of the Republic of Kosovo, 09 April 2008.

Cardiorespiratory fitness of a Brazilian regional sample distributed in different tables.

Science.gov (United States)

Belli, Karlyse Claudino; Callegaro, Carine C; Calegaro, Carine; Richter, Cleusa Maria; Klafke, Jonatas Zeni; Stein, Ricardo; Viecili, Paulo Ricardo Nazario

2012-09-01

Most classification tables of cardiorespiratory fitness (CRF) used in clinical practice are international and have not been validated for the Brazilian population. That can result in important discrepancies when that classification is extrapolated to our population. To assess the use of major CRF tables available in a Brazilian population sample of the Central High Plan of the state of Rio Grande do Sul (RS). This study assessed the retrospective data of 2,930 individuals, living in 36 cities of the Central High Plan of the state of RS, and considered the following: presence of risk factors for cardiovascular disease and estimated maximum oxygen consumption (VO2peak) values obtained through exercise test with Bruce protocol. To classify CRF, the individuals were distributed according to sex, inserted in their respective age groups in the Cooper, American Heart Association (AHA) and Universidade Federal de São Paulo (Unifesp) tables, and classified according to their VO2peak. Women had lower VO2peak values as compared with those of men (23.5 ± 8.5 vs. 31.7 ± 10.8 mL.kg-1.min-1, p Unifesp x AHA). Our findings indicate important discrepancy in the CRF classification levels of the tables assessed. Future studies could assess whether international tables could be used for the Brazilian population and populations of different regions of Brazil.

Pharmacogenetics in the Brazilian population

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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.

Project management as a competitive advantage for the internationalization of Brazilian companies

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Andre Luiz Spinelli Schelini

2017-12-01

Full Text Available This study focuses on three theoretical axes: project management (PM, internationalization of companies and the resource-based view (RBV. It aimed to analyze if, and in what way, PM maturity contributes to the international strategy of Brazilian companies from the RBV perspective. The research strategy adopted in three Brazilian companies constituted a multiple case study with a descriptive exploratory approach through intercase and intracase analysis. As an unprecedented result, the study identified five characteristics of mature project management: project sustainability, stakeholder engagement, goal setting and strategy, change management, and risk management. Furthermore, all of these contributed to the internationalization of the companies in question, with an impact on competitive advantage, considering the RBV-VRIO analysis. Thus, the study contributes to the field by aiding companies that are beginning or intend to begin internationalization processes, enabling them to obtain better results through PM. A limitation of the study is the small number of cases investigated, which may be viewed as an opportunity for conducting further studies.

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…

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

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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

Planning the nuclear contribution to the Brazilian power program

International Nuclear Information System (INIS)

Barbalho, A. Rodrigues; Alves, R. Nazare; Pinto, C. Syllus M.; Souza Santos, T.D. de; Abrao, A.

1977-01-01

The thermo-electric power in Brazil accounts for less than 20% of the total generating capacity. Brazil's power is essentially generated hydraulically, which grants the growing development. The electric energy consumption keeps growing, with the annual average rate of 13%/year in the last five years. The present installed capacity is 20 000 MWe and the projections are: 35 000MWe, in 1980; 50 000 MWe in 1985; 75 000 MWe, in 1990 and 150 000 MWe, in 2 000. Most of the hydraulic resources are located in remote areas of the country, very far from the consumption centers. Under the agreement between the Federal Republic of Germany and Brazil (signed in June 1975), besides the nuclear power station, American made, under construction in Agra dos Reis, with a power capacity of 626 MWe, two more units, each one with 1 300 MWe capacity are to be erected at the same site, and planned to be in operation in 1982 and 1983. Several joint German-Brazilian companies will be established for reactor and fuel manufacture, in the country. The Brazilian state holding nuclear company, Empresas Nucleares Brasileiras S/A., NUCLEBRAS, will participate in the formation of all joint companies with at least 51% of capital investments. The Brazilian Government will spend 10 billion dollars (U.S.), during the agreement's duration, to make its industry stronger, to develop its technology and to reduce its dependence on energy imports. Brazil's target: full independence in nuclear technology (including reactor manufacture and complete fuel cycle) in about 15 years [es

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.

[Knowledge derived from studies on crack: an incursion into Brazilian dissertations and theses].

Science.gov (United States)

Rodrigues, Diego Schaurich; Backes, Dirce Stein; Freitas, Hilda Maria Barbosa de; Zamberlan, Claudia; Gelhen, Maria Helena; Colomé, Juliana Silveira

2012-05-01

This is a systematic review based on the integrative review method, which sought to analyze the characteristics of knowledge produced by studies on crack, in Brazilian Master's and Doctoral courses. The investigation comprised 33 studies (18 dissertations and 15 theses). Among them, 51.5% were from the Health Science area with emphasis on the Postgraduate Program in Psychiatry (and Medical Psychology), which provided five dissertations/theses. Most of the knowledge on the epidemic (51.5%) are from the Universidade Federal de São Paulo and Universidade de São Paulo, with the largest number of studies (81.8%) concentrated in the southeast. The themes most analyzed were: organic alterations, drug trafficking and crack use, HIV/Aids, types and strategies of treatment. The results showed that Brazilian stricto sensu knowledge about crack is still incipient, sketchy and ineffectual, albeit promising due to demands and implications that this epidemic imposes upon society.

Brazilian readers and contextual reference Brazilian readers and contextual reference

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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?

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.

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)

Toward a sociology of the Brazilian Corporate Sustainability Index?

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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.

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

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…

Conflict between constitutional norms: monopoly of nuclear ore and the social function of property in Brazil; Conflito entre normas constitucionais: monopolio do minerio nuclear e a funcao social da propriedade no Brasil

Energy Technology Data Exchange (ETDEWEB)

Costa-de-Moura, Jorge

2014-07-01

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)

The political economy of Malaysian federalism: Economic development, public policy and conflict containment

OpenAIRE

Jomo, K. S.; Hui, Wee Chong

2002-01-01

Conflicts within the Malaysian federation have been rooted in socio-economic disparities and the struggle for control of natural resource rents, which State Governments previously had exclusive control over, as originally provided for by the federal constitution. The advance of fiscal centralization since then has also aggravated federal-state tensions, which have been relatively ignored due to the long-standing Malaysian pre-occupation with inter-ethnic tensions. Inter-regional resource tran...

Afetividade e poder entre os imigrantes brasileiros no Porto Affection and power among brazilian immigrants in Oporto

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Igor José de Renó Machado

2004-12-01

Full Text Available O artigo trata da relação entre imigração brasileira na cidade do Porto e a constituição de relações de poder através do controle de ofertas de possíveis relacionamentos afetivos por alguns imigrantes brasileiros em condições de atuar como intermediários entre as redes familiares portuguesas a que têm acesso e os imigrantes homens e pobres sobre os quais têm alguma influência.The article deals with the relation between Brazilian immigration in the city of Oporto, Portugal, and the constitution of power relations through the control of affective relationships. Such control is conducted by some Brazilian immigrants in conditions to act as brokers between Portuguese family nets and the poor immigrants on which they have some influence.

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

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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

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

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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

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...

A TIRANIA DOS BANCOS PÚBLICOS: A PROMESSA NÃO CUMPRIDA DO INTERESSE COLETIVO

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Aparecido de Oliveira Pereira

2012-06-01

Full Text Available This paper discourses about the social purpose and society’s interests that should be taken into consideration by public banks when performing their activities. This study analyzes the Bank of Brazil statute as well as the performance and the roles played by the Bank of Brazil, the Federal Bank of Economics and the Brazilian Post regarding the constitutional objectives of the Brazilian Republic. At last, based on judicial complaints and sentences, the results suggest that public banks don’t comply with the functions for which they were created, surreptitiously disengaging from any commitments with society.

Flexibility valuation in the Brazilian power system: A real options approach

International Nuclear Information System (INIS)

Marreco, Juliana de Moraes; Carpio, Lucio Guido Tapia

2006-01-01

This paper presents a valuation study of operational flexibility in the complex Brazilian Power System. Thermopower plants represent operational flexibility for the national system operator provided they can be dispatched in dry periods to supply part of the load when reservoir waters are too low. Deficit costs can be avoided as a result. We have adopted a real options approach to calculate the fair value of a financial subsidy to be paid to thermal generators for their availability to the system. A financial subsidy is mandatory for their economic feasibility and, therefore, for increased thermopower capacity in the Brazilian Power System. This is why this policy is currently being studied by Brazil's federal government. In order to illustrate our modeling we have run the model for the southeast subsystem. We found a flexibility value of US$4.52 billion, which represents US$497/MW per year. This means that a 100 MW thermopower plant should receive US$49,700 for each year of its economic lifetime as a fair premium incentive to investments

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

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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

[News of the inquiry about nursing needs and resources in the Brazilian Journal of Nursing (1955-1958)].

Science.gov (United States)

Malta, Daniela Vieira; Pereira, Laís de Araújo; Santos, Tânia Cristina Franco

2014-01-01

Social historical study that has as object news related to the Assessment of the Resources and Needs of Nursing in Brazil published in the Revista Brasileira de Enfermagem between 1955 and 1958. The primary source is constituted of copies of Revista Brasileira de Enfermagem published within the selected period of the study. The secondary sources are constituted of books, papers, dissertations and thesis related to the Nursing history. The data analysis was supported by the secondary sources and the thought of the sociologist Pierre Bourdieu. The results evidenced that Revista Brasileira de Enfermagem, in addition to making possible the dissemination of news about the Assessment provided visibility to it and, at last, had the symbolic effect of giving power and prestige to the Brazilian Nursing.

The responsibility of the agents responsible for environmental damage caused by oil spilling in Brazil; A responsabilidade dos agentes causadores de dano ambiental por derramamento de oleo no Brasil

Energy Technology Data Exchange (ETDEWEB)

NONE

2004-07-01

This essay talks about the responsibility of the agents that cause damage to the environment, both civil liability, as well as criminal and administrative responsibility. It analyzes the most important brazilian juridical rules, emphasizing the National Environmental Politics Law, the Brazilian Federal Republic Constitution and the Environmental Crimes Law. Specially, due to the amount and importance of the oil and gas activities in Brazil, it talks about the environmental responsibility, in the above mentioned fields, related to damage resulting from the Oil and Gas Industry's activities. It focuses the rules that rule this subject in the brazilian juridical system, emphasizing the cases of environmental damage resulting from oil spills in Brazil and the probable juridical consequences to the agents responsible for this damage. (author)

The Representation of Man and Woman in Diccionary of Uses of Brazilian Portuguese

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Antonio Luciano Pontes

2014-12-01

Full Text Available The dictionary is a work of great prestige among speakers of a particular language. This reality is visible when we observe the aura of reliability enjoied by Aurelio, in the case of portuguese spoken in Brazil. However, the dictionary should be understood as a socio-historically situated text and therefore wrapped in a complex network of meanings also situated. Raising questions about the lexicographical discourse and its constitution is the role of Discoursive Lexicography (ORLANDI, 2000. In this paper, we analyze the entries “man” and “woman” in the Dictionary of uses of Brazilian Portuguese (BORBA, 2002. The theoretical bases of our analysis are the Metalexicography (PONTES, 2009; WELKER, 2004, the Practical Lexicography (BORBA, 2003 and the Critical Discourse Analysis (FAIRCLOUGH, 2001. Our analyses reveal a prejudiced discourse about female figure, defined in terms of anatomical constitution and some social roles assumed by women, and the exaltation of the male figure, defined in terms of anatomical constitution, social roles and psychological characteristics. This research was conducted within the research group LETENS (Lexicography, Terminology and Teaching, under the guidance of Prof. Dr. Antonio Luciano Pontes.

76 FR 12135 - Publication Procedures for Federal Register Documents During a Funding Hiatus

Science.gov (United States)

2011-03-04

... Public Law 101-508, 104 Stat. 1388 (31 U.S.C. 1341), the Office of the Federal Register (OFR) announces... more Federal agencies, the OFR will remain open to accept and process documents authorized to be... as those related to the constitutional duties of the President, food and drug inspection, air traffic...

Panorama dos pedidos de patente de tecnologias relativas ao setor têxtil brasileiro | A panorama of patent requests for Brazilian textile sector technologies

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Ricardo C. Rodrigues

2015-10-01

sector, deposited and published in Brazil between 1999 and 2009. On this database we analysed results showing countries and firms interested in the Brazilian market; the products, processes and or equipment which may constitute innovations; as well as the present status of the textile sector in terms of reseach and development. Keywords: Industrial Property; Textile Industry; Management; Technology.

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...

Brazilian Validation of the Attachment to God Inventory (IAD-Br

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Hartmut August

2018-03-01

Full Text Available Bowlby’s Attachment Theory proposes that the person seeks protection and security with his or her caregiver, establishing a significant bond, which Bowlby characterizes as “attachment relationship”. The relationship with God can also be understood as an attachment relationship. Until now, there are no instruments in Brazil to measure one’s attachment to God. The purpose of this article is to present the adaptation and validation process of the Attachment to God Inventory for the Brazilian context, resulting in a Brazilian version of the Attachment to God Inventory (IAD-Br. The validation methodology for the IAD-Br consisted of Portuguese translation, reverse translation to English, pre-test, data collection, and validation through confirmatory factorial analysis (CFA. A total of 470 people participated in the study: 179 men and 291 women. Confirmatory factorial analysis presented unsatisfactory statistical parameters. Of the 28 items of the instrument, 11 items did not present adequate Item-Total Correlation. After excluding these 11 items, the instrument presented adequate adjustment indices. The IAD-Br, composed of 17 items, is able to be used to measure attachment to God in Brazil and constitutes a relevant instrument to identify the attachment to God style, being useful for application in the psychotherapeutic clinic and in contexts of spiritual care.

[Psychiatric reform, federalism, and the decentralization of the public health in Brazil].

Science.gov (United States)

Costa, Nilson do Rosário; Siqueira, Sandra Venâncio; Uhr, Deborah; Silva, Paulo Fagundes da; Molinaro, Alex Alexandre

2011-12-01

This study examines the relationships between Brazilian psychiatric reform, the adoption of the Centers for Psychosocial Care (CAPS) and the development of the Unified Health System (SUS). The adherence of municipal governments was a variable determinant for the spread of reform, especially due to the continental scale and fragmentation of the Brazilian federation. The article demonstrates the institutional stability of psychiatric reform in Brazil over two decades. The institutional nature of the decision-making process in the public arena has permitted the implementation of new organizational formats through imitation and financial incentives. The psychiatric reform was successful in defending the advantages of CAPS in relation to the asylum and hospital model dominant in past decades. The inductive policies, strengthened and upheld by Law 10.216/2001, transformed the agenda of psychiatric reform, limited to pioneering cities in a national public policy.

78 FR 59974 - Publication Procedures for Federal Register Documents During a Funding Hiatus

Science.gov (United States)

2013-09-30

... Public Law 101-508, 104 Stat. 1388 (31 U.S.C. 1341), the Office of the Federal Register (OFR) announces... hiatus affecting one or more Federal agencies, the OFR will remain open to accept and process documents... activities such as those related to the constitutional duties of the President, food and drug inspection, air...

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

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

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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

Dynamic Brazilian Test of Rock Under Intermediate Strain Rate: Pendulum Hammer-Driven SHPB Test and Numerical Simulation

Science.gov (United States)

Zhu, W. C.; Niu, L. L.; Li, S. H.; Xu, Z. H.

2015-09-01

The tensile strength of rock subjected to dynamic loading constitutes many engineering applications such as rock drilling and blasting. The dynamic Brazilian test of rock specimens was conducted with the split Hopkinson pressure bar (SHPB) driven by pendulum hammer, in order to determine the indirect tensile strength of rock under an intermediate strain rate ranging from 5.2 to 12.9 s-1, which is achieved when the incident bar is impacted by pendulum hammer with different velocities. The incident wave excited by pendulum hammer is triangular in shape, featuring a long rising time, and it is considered to be helpful for achieving a constant strain rate in the rock specimen. The dynamic indirect tensile strength of rock increases with strain rate. Then, the numerical simulator RFPA-Dynamics, a well-recognized software for simulating the rock failure under dynamic loading, is validated by reproducing the Brazilian test of rock when the incident stress wave retrieved at the incident bar is input as the boundary condition, and then it is employed to study the Brazilian test of rock under the higher strain rate. Based on the numerical simulation, the strain-rate dependency of tensile strength and failure pattern of the Brazilian disc specimen under the intermediate strain rate are numerically simulated, and the associated failure mechanism is clarified. It is deemed that the material heterogeneity should be a reason for the strain-rate dependency of rock.

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.

Environmental Issues in a Federation: The Case of Malaysia

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Muhammad Yusuf Saleem

2005-12-01

Full Text Available Abstract: From a constitutional perspective, the responsibilities over environmental issues cannot be precisely divided between federal and state governments. Environmental problems could only be dealt with successfully, as the Malaysian case exemplify, through a concurrent jurisdiction. The responsibility for the implementation of environmental laws is left to the states which because of their nearness to the source of environmental problems are in a better position to monitor violations. However, interstate environmental problems must be addressed jointly by federal and state governments.

Nuclear supervision - Administration by the federal states on behalf of the Federal Government or direct federal administration for optimum achievement; Atomaufsicht - Bundesautragsverwaltung oder Bundeseigenverwaltung aus der Sicht optimaler Aufgabenerfuellung

Energy Technology Data Exchange (ETDEWEB)

Renneberg, W. [Bundesministerium fuer Umwelt, Naturschutz und Reaktorsicherheit, Bonn (Germany)

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.)

Transnational Feminism: Re-reading Joan Scott in the Brazilian Sertão

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Millie Thayer

2001-01-01

Full Text Available Accounts of globalization often depict a world awash in faceless flows of global capital that deprive broad sectors of humanity of a role in the international division of labor. Extrapolating from this economic analysis to politics and culture, some theorists conclude that meaning has evaporated from local sites, leaving their isolated inhabitants unable to articulate their own alternatives to global agendas. However, fieldwork with a rural Brazilian women’s movement in one of these ‘structurally irrelevant’ places, finds another face of globalization with more potentially positive effects. These local activists create meaning in a transnational web of political/cultural relations that brings benefits as well as risks for their movement. Rural women engage with a variety of differently located feminist actors in relations constituted both by power and by solidarity. They defend their autonomy from the impositions of international funders, negotiate over political resources with urban Brazilian feminists, and appropriate and transform transnational feminist discourses. In this process, the rural women draw on resources of their own, based on the very local-ness whose demise is bemoaned by globalization theorists.

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

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

Brazilian version of the body dysmorphic disorder examination.

Science.gov (United States)

Jorge, Renata Trajano Borges; Sabino Neto, Miguel; Natour, Jamil; Veiga, Daniela Francescato; Jones, Anamaria; Ferreira, Lydia Masako

2008-03-06

Body image improvement is considered to be the main reason for undergoing plastic surgery. The objective was to translate the Body Dysmorphic Disorder Examination (BDDE) into Brazilian Portuguese and to adapt and validate this questionnaire for use in Brazil. Cross-sectional survey, at the Department of Plastic Surgery of Universidade Federal de São Paulo. The BDDE was first translated into Portuguese and then back-translated into English. These translations were then discussed by healthcare professionals in order to establish the final Brazilian version. In a second stage, the validity and reliability of the BDDE were assessed. For this, patients were initially interviewed by two interviewers and subsequently, by only one of these interviewers. On the first occasion, in addition to the BDDE, the body shape questionnaire (BSQ) and the Rosenberg self-esteem scale were also applied. These questionnaires were applied to 90 patients. Six questions were modified during the assessment of cultural equivalence. Cronbach's alpha was 0.89 and the intraclass correlation coefficients for interobserver and test-retest reliability were 0.91 and 0.87, respectively. Pearson's coefficient showed no correlation between the BDDE and the Rosenberg self-esteem scale (0.22), whereas there was a moderate correlation between the BDDE and the BSQ (0.64). The BDDE was successfully translated and adapted, with good internal consistency, reliability and construct validity.

Occurrence of white-winged vampire bat, Diaemus youngi (Mammalia, Chiroptera, in the Cerrado of Distrito Federal, Brazil Ocorrência de Diaemus youngi (Mammalia, Chiroptera no Cerrado do Distrito Federal

Directory of Open Access Journals (Sweden)

Ludmilla M. de S. Aguiar

2006-09-01

Full Text Available Authors cite Diaemus youngi (Jentik, 1893 as occurring in all the Brazilian territory. In spite of that, there are no reports of capture sites for D. youngi in the literature for Distrito Federal or Cerrado of Central Brazil. Here we report the first precise record of this species for Central Brazil, rural area of Distrito Federal, and provide information on its biology, conservation and distribution in Brazil, according to our data and information from the literature.A espécie Diaemus youngi (Jentik, 1893 é considerada por alguns autores como ocorrendo para todo o Brasil incluindo o bioma Cerrado e área rural do Distrito Federal. No entanto não há na literatura nenhum registro do local de coleta dessa espécie para essas regiões. Reportamos aqui o primeiro registro no Cerrado do Brasil Central, área rural do Distrito Federal, e alguns dados sobre a biologia, conservação e distribuição geográfica da espécie no Brasil, de acordo com dados desse trabalho e da literatura.

Democracy and participation in Brazil: decentralization and citizenship in contemporary capitalism

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Francisco César Pinto da Fonseca

2007-05-01

Full Text Available This article analyzes two opposite traditions in relation to the concepts of “decentralization” and “local power” (Brazilian social thinking and the Tocqueville based matrix due to the role given to these concepts by the Brazilian Constitution of 1988. These concepts were considered capable of making viable democratic participation after the end of the military dictatorship. It also analyzes how the Brazilian pro-democracy arrangement and participation has been reconfigured by the third industrial revolution, which the economic and social relations that sustain capital more flexible and precarious. Specifically, it examines the political response (in a broad sense of the Brazilian state – via public health policies, notably the Single Healthcare System (SUS – to this clash of conflicting forces. It also observes how federative factors related to SUS allow understanding the dynamics of democracy, participation and citizenship (in various dimensions in Brazil.

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...

Policy-Making for Australian Schooling: The New Corporate Federalism.

Science.gov (United States)

Lingard, Bob

1991-01-01

The corporate federalism concept illustrates the way a national approach to policy development for Australian schooling has been utilized by the Hawke Labor government. Negotiated consensus at the Australian Education Council has been used to arrive at these policies and to circumvent politically the constitutional and financial realities of…

REPRESENTATION OF DIFFERENCES IN BRAZILIAN JOURNALISTIC DISCOURSE

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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.

Representation of differences in Brazilian journalistic discourse

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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.

Survey of legal aspects, regulations, standards and guidelines applicable to radioactive waste management of the Brazilian Multipurpose Reactor - RMB

International Nuclear Information System (INIS)

Salvetti, T.C.; Marumo, J.T.

2017-01-01

In Brazil, the Brazilian Nuclear Energy Commission (CNEN) and Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) are the agencies responsible for the execution, regulation and control of nuclear and environmental policies, respectively. Such regulatory activities are very comprehensive (IBAMA) or too specific (CNEN), revealing other aspects that would, also, need to be observed so that the management could be carried out efficiently (quality) and effectively (safety), including the three governmental administrative levels: Federal, State and Municipal. In addition to laws, regulations, decrees and resolutions, there are also national and international standards and guides that provide guidelines for structuring the current management and the use of best regulatory practices. The Brazilian Multipurpose Reactor Enterprise (RMB) is a CNEN project, complying with a Multi-Year Plan of the Brazilian Ministry of Planning, Development and Management (MPDG). The Enterprise is being developed under the responsibility of the Directorate of Research and Development - DPD of CNEN and will have a facility for treatment and initial temporary storage of the radioactive waste generated by the operation of the research reactor and the activities carried out in the associated laboratories. The RMB will be built in the city of IPERÓ, located in the state of São Paulo, near ARAMAR Experimental Center of the Brazilian Navy. This work aims to present the research results regarding the various aspects that regulate, legislate and standardize the practices proposed to the Radioactive Waste Management of the RMB project. (author)

Survey of legal aspects, regulations, standards and guidelines applicable to radioactive waste management of the Brazilian Multipurpose Reactor - RMB

Energy Technology Data Exchange (ETDEWEB)

Salvetti, T.C.; Marumo, J.T., E-mail: salvetti@ipen.br [Instituto de Pesquisas Energéticas e Nucleares (IPEN/CNEN-SP), São Paulo, SP (Brazil)

2017-07-01

In Brazil, the Brazilian Nuclear Energy Commission (CNEN) and Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) are the agencies responsible for the execution, regulation and control of nuclear and environmental policies, respectively. Such regulatory activities are very comprehensive (IBAMA) or too specific (CNEN), revealing other aspects that would, also, need to be observed so that the management could be carried out efficiently (quality) and effectively (safety), including the three governmental administrative levels: Federal, State and Municipal. In addition to laws, regulations, decrees and resolutions, there are also national and international standards and guides that provide guidelines for structuring the current management and the use of best regulatory practices. The Brazilian Multipurpose Reactor Enterprise (RMB) is a CNEN project, complying with a Multi-Year Plan of the Brazilian Ministry of Planning, Development and Management (MPDG). The Enterprise is being developed under the responsibility of the Directorate of Research and Development - DPD of CNEN and will have a facility for treatment and initial temporary storage of the radioactive waste generated by the operation of the research reactor and the activities carried out in the associated laboratories. The RMB will be built in the city of IPERÓ, located in the state of São Paulo, near ARAMAR Experimental Center of the Brazilian Navy. This work aims to present the research results regarding the various aspects that regulate, legislate and standardize the practices proposed to the Radioactive Waste Management of the RMB project. (author)

THE PRINCIPLE OF GOOD FAITH IN THE BRAZILIAN LEGAL ORDER: A BRIEF STUDY OF THE NEW CIVIL PROCEDURE CODE.

Directory of Open Access Journals (Sweden)

Elias Marques de Medeiros Neto

2017-05-01

Full Text Available The present study has the scope to analyze and reflect the relevant legal aspects of the good faith principle in the Brazilian legal order, above all, its forecast in the new Brazilian Civil Procedure Code. Among the various innovations presented by the new Civil Procedure Code, a well-known and little used in the Brazilian legal order gets a real highlight in the Civil Procedure’s field: the good faith principle. The consecration of such an institute in the new Brazilian Civil Procedure Code, which came to be denominated by the doctrine as the procedural good faith’s principle, arise from the demand enlargement of the good faith in the private law and public law. Law nº 13.105 of 2015 that instituted a new Civil Procedure Code, stablish that the subjects of the process who participate in it in any way, pass their behaviors according to good faith, according to the article 5 of the 2015’s Brazilian Civil Procedure Code. Such principle, which makes up a norm of conduct is aimed at repelling the procedural conducts derived from bad faith by considering them illicit. In addition, the general clause of the objective procedural good faith requires that the subjects of a proceeding do not present a corrupt conduct of bad-faith. Thereby, aiming to evaluate the legal aspects of the procedural good faith in the Brazilian legal order, at a first moment, is necessary to understand the evolution and fundamental contours of good faith in civil law, with an emphasis on the study of existing good faith species and the understanding of objective good faith as a general clause. Next, it is necessary the study of the objective good faith principle’s constitutional foundation and its procedural bias. Finally, the principle of procedural good faith is materialized in the new Brazilian Civil Procedure Code. In order to appreciate the above, the deductive method and bibliographical and legislative research are used in the present work.

Intergovernmental politics of fiscal balance in a federal democracy: the experience of Brazil, 1996-2005

OpenAIRE

Kemahlıoğlu, Özge; Kemahlioglu, Ozge

2015-01-01

Irresponsible fiscal behavior by subnational units is a concern for federal or decentralized systems, especially in the developing world. States' expenditures in Brazil have been no different. Still, spending varies considerably among the Brazilian states, even after controlling for their financial resources. This article provides a political explanation for the variation in current spending, focusing on intergovernmental political relationships. It argues that credit claiming for pork distri...

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

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.…

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...

Brazilian sparkling wine: A successful trajectory

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Wurz Douglas André

2017-01-01

Full Text Available The objective of this study was to explore the evolution of internal and external commercialization of Brazilian sparkling wines during the period between 1986 and 2015, giving an overview of the current situation and its market trends, and highlighting the importance of Brazil in the world scenario for sparkling wines. This research is based on quantitative data sources provided by different institutions: International Organization of Vine and Wine (OIV, Brazilian Union of Viticulture (UVIBRA, Ministry of Agriculture, Livestock and Supply (MAPA and Brazilian Agricultural Research Corporation (EMBRAPA. Brazil is a promising country for the sparkling wine market. From 1986–2015, there was an increase of 465.6% in the sales of sparkling wine in the Brazilian domestic market, especially the last ten, which accounted for an increase of 215.7%. In 1998, Brazilian sparkling wines accounted for 70.5% of sparkling wines sold in Brazil. Today, they represent 82.1%of national market, and proved to be one of the most prestigious products from Brazilian viticulture when compared, for example, to non-sparkling wines, which 79% are imported wines. Of the imported sparkling wines consumed in Brazil, six countries account for 98.5% of the market (France: 32.7%; Italy: 24.8% and Spain: 21.9%. The volume exportation of Brazilian sparkling wine has grown significantly in recent years (4,210.2%, with Paraguay, China, Uruguay, the United States, France and the United Kingdom being the major buyers. The evolution of exports shows that Brazilian sparkling wine becomes an alternative to those produced in traditional countries, such as France, Italy and Spain, due to their quality and price. There is an increase in the commercialization of sparkling wines in the Brazilian domestic market, in addition to the growing participation of Brazil in the volume of exports in the world market, placing Brazil in a leading position in the production and sale of sparkling wines.

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

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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.

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

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)

Toxic substances: Federal-provincial control. Revised edition. Current issue review No. 88-11E

Energy Technology Data Exchange (ETDEWEB)

Douglas, K; Johansen, D

1993-01-01

There is widespread public concern about the effect of toxic substances on human health and the environment. This document looks at the federal-provincial control on toxic substances. It specifically examines the control of toxic substances under the Canadian constitution; the political arena; the federal- provincial co-operation; the Green Plan; and the 1991 Auditor General's Report.

Enforcement, Integration, and the Future of Immigration Federalism

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Cristina Rodriguez

2017-06-01

Full Text Available The federal government has a monopoly over the terms of immigration law, and it superintends the nation’s singular immigration enforcement bureaucracy. But our federalism nonetheless provides a vital playing field for sharp debates over the status of immigrants in American life. The forms of state and local involvement in immigration policy are varied, but they fall into two basic categories of mutually dependent and re-enforcing policies: enforcement federalism and integration federalism. Whereas enforcement federalism concerns the extent to which localities should assist or resist federal removal policies, integration federalism encompasses measures designed to assist immigrants, regardless of status, to plant roots and acculturate to life in the United States. Both forms of immigration federalism take shape through a wide variety of intergovernmental relations, not only between the federal government on the one hand and states and localities on the other, but also between states and the cities within them — an increasingly important dimension of immigration federalism today. These relations have important legal characteristics, and constitutional and statutory law bring them into being and mediate them. But the nature of any given intergovernmental dynamic will be shaped just as much by a combination of ideology and institutional imperatives. These elements can either unite the center and the periphery in common cause or produce the sort of conflict that has made immigration federalism a high-profile issue for decades. Given the density of the intergovernmental dynamics that shape the country’s immigration policy, developing a comprehensive strategy for immigration federalism requires more than a predilection toward or away from centralization of government authority. It requires a clear view on the appropriate metes and bounds of immigration enforcement, as well as a set of beliefs about the proper place in the social order of

The modernization of American public law: health care reform and popular constitutionalism.

Science.gov (United States)

Super, David A

2014-04-01

The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA's structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of "constitutional moment" that has largely replaced Article V's formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments' outcomes springs from broad popular engagement. Despite the Court's ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come. In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA's entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA's failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.

FROM THE MULTI-PARTY PROCESS OF CLASS ACTIONS TO THE COLLECTIVE PROCESS OF REPETITIVE CASES: MODELS OF COLLECTIVE TUTELAGE IN BRAZILIAN LAW

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Graziela Argenta

2017-05-01

Full Text Available The article deals with the models of multi-party litigation established in Brazilian law, considering the class action model and the model systematized by the Civil Procedure Code of 2015 consisting of repetitive case judgments. It exposes the evolution, influences and consolidation of multi-party litigation in the Brazilian legal system, identifies the collective actions microsystem and deals with its relationship with the Civil Procedure Codes of 1973 and 2015, under a constitutional perspective. It presents characteristics of the incident of resolution of repetitive demands and the repetitive extraordinary and special appeals, with comparisons with the model of class actions. It discusses, from a comparative law perspective, the three great models of collective tutelage (American, European, and Brazilian in their relationship with the holders of individual rights. Finally, it brings forward considerations about the due process of law, presenting a doctrinal vision based on the need to evaluate the conflict and the complexity of the litigation to adapt the forms of multi-party conflicts resolution.

RELEVANCE OF RED FLAGS IN THE EVALUATINH THE RISK OF FINANCIAL STATEMENT FRAUD: PERCEPTIONS OF BRAZILIAN INDEPENDENT AUDITORS

OpenAIRE

Dal-Ri Murcia, Fernando; Borba, José Alonso; Schiehll, Eduardo

2008-01-01

The objective of this paper was to identify perceptions of Brazilian auditors regarding the relevance of red flags in evaluating the risk of fraudulent financial reporting. To accomplish this, a questionnaire was designed using six papers as references: American Institute of Certified Public Accountants (2002), Conselho Federal de Contabilidade (1999), Albrecht and Romney (1986), Eining, Jones and Loebbecke, (1997), Bell and Carcacello (2000) and Wells (2005). Together, these works presented ...

Toxic substances: Federal-provincial control -- rev. revised edition. Current issue review No. 88-11E

Energy Technology Data Exchange (ETDEWEB)

Douglas, K

1994-12-31

This document provides a background and analysis on federal-provincial control of toxic substances, including their control under the Canadian Constitution, legislation passed by both levels of government, political aspects, federal-provincial cooperation, the Green Plan, and the Auditor General`s report. Parliamentary action taken and a chronology of events are also included.

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)

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....

Frequency of Maxillofacial Injuries Among Athletes-Members of Various Sports Federations in Iranform 1998-2001

OpenAIRE

H Mahmoud Hasehmi

2003-01-01

Nowadays, sport injuries constitute a major part of social accidents. The aim of the presentstudy, was to investigate the frequency of maxillofacial injuries among athletes-members of differentsports federations in Iran from 1998-2001. For this reason files which was related to sport injuries of men and women athletes-members of sports federations were studied in Medical Federation of the Islamic Republic of Iran Sports Organization. The information were received through 26 medical organizati...

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 ...

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

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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.

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...

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…

EARLY CHILDHOOD AND RURAL EDUCATION: A NECESSARY MEETING AIMING THE ACHIEVEMENT OF JUSTICE WITH YOUNG CHILDREN LIVING IN RURAL AREAS

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Maria Carmen Silveira Barbosa

2013-04-01

Full Text Available Over the past 40 years the Brazilian government has constituted a major basic education attendance programmed for Brazilian citizens. The 1988 Federal Constitution states the right to education for all Brazilians, whether living in rural or urban areas, and it set kindergarten as the first level in basic education, it constituted a space to be filled by a large contingent of children who, until then, were without an institutional educational space guaranteed for them. Although, the kindergarten coverage in large urban centers has been effective in numerical terms, especially, regarding the pre-school provision, in rural areas this is still not a reality. IBGE (Brazilian Institute of Geography and Statistics - Demographic Census, 2010 reports that Brasil has 16,044 children under 6 years old, in other words, 12% of the total population of Brazil, 3,546 are living in rural areas. According to INEP (National Institute of Educational Studies - School Census, INEP, 2010, from the universe of children aged 0-6 years living in rural areas, only 12.1% attend day care centers and 67.6% attend preschools, a value lower than the urban areas where the coverage is 26% for attendance to day cares and 83% for attendance to pre-school classes. Besides questioning the exiguity of this coverage, especially from the point of view of the mandatory provision of pre-school, it is necessary to map the points of connection and tension between the areas, so it would be possible to give an expansion linked to a qualified and contextualized offer.

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

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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?

Protection of constitutional rights, technological development, and responsibility towards future generations

International Nuclear Information System (INIS)

Lawrence, C.

1989-01-01

Nuclear engineering and the peaceful use of nuclear energy still is a major issue in the dispute about technological progress. There are the two most ambiguous concepts in the nuclear controversy which illustrate the uncertainty in dealing with the 'new technologies': The 'risk to be accepted', and the 'responsibility towards future generations'. The study in hand focusses on the 'risk to be accepted', which from the constitutional point of view still lacks legitimation. The concept of 'social adequacy' used in the Kalkar judgement of the Federal Constitutional Court is based on custom and consensus and today, in view of the lack of consensus, can no longer be used to derive a constitutional legitimation. This gap is filled in this study by examining the applicability of the basic right of physical integrity (Art. 2, section 2, first sentence of the GG). In addition, it is a particular feature of the concept of 'risk to be accepted' that neither the Constitution nor the Atomic Energy Act allow direct limits to the quantitative increase of that risk to be derived from their provisions. However, it is just the need for legal provisions checking and controlling the risk growing with technological progress that creates the major problem in the effort to prevent a possible intrinsic dynamic development of risks. The study investigates whether there are such instruments provided by the law. Another aspect discussed in connection with the safe ultimate disposal of radioactive wastes with half-life periods of up to 24.000 years is the responsibility we have towards the future generations. The author examines whether there are constitutional rights affecting nuclear technology in relation to this topic. (orig./HSCH) [de

Brazilian version of the Body Dysmorphic Disorder Examination

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Renata Trajano Borges Jorge

Full Text Available CONTEXT AND OBJECTIVE: Body image improvement is considered to be the main reason for undergoing plastic surgery. The objective was to translate the Body Dysmorphic Disorder Examination (BDDE into Brazilian Portuguese and to adapt and validate this questionnaire for use in Brazil. DESIGN AND SETTING: Cross-sectional survey, at the Department of Plastic Surgery of Universidade Federal de São Paulo. METHODS: The BDDE was first translated into Portuguese and then back-translated into English. These translations were then discussed by healthcare professionals in order to establish the final Brazilian version. In a second stage, the validity and reliability of the BDDE were assessed. For this, patients were initially interviewed by two interviewers and subsequently, by only one of these interviewers. On the first occasion, in addition to the BDDE, the body shape questionnaire (BSQ and the Rosenberg self-esteem scale were also applied. These questionnaires were applied to 90 patients. RESULTS: Six questions were modified during the assessment of cultural equivalence. Cronbach's alpha was 0.89 and the intraclass correlation coefficients for interobserver and test-retest reliability were 0.91 and 0.87, respectively. Pearson's coefficient showed no correlation between the BDDE and the Rosenberg self-esteem scale (0.22, whereas there was a moderate correlation between the BDDE and the BSQ (0.64. CONCLUSIONS: The BDDE was successfully translated and adapted, with good internal consistency, reliability and construct validity.

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

SBR Brazilian organophilic/clay nanocomposites

International Nuclear Information System (INIS)

Guimaraes, Thiago R.; Valenzuela-Diaz, Francisco R.; Morales, Ana Rita; Paiva, Lucilene B.

2009-01-01

The aim of this work is the obtaining of SBR composites using a Brazilian raw bentonite and the same bentonite treated with an organic salt. The clays were characterized by XRD. The clay addition in the composites was 10 pcr. The composites were characterized by XRD and had measured theirs tension strength (TS). The composite with Brazilian treated clay showed TS 233% higher than a composite with no clay, 133% higher than a composite with Cloisite 30B organophilic clay and 17% lower than a composite with Cloisite 20 A organophilic clay. XRD and TS data evidence that the composite with Brazilian treated clay is an intercalated nanocomposite. (author)

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

Constitutional provisions. Peaceful uses of nuclear energy and the back end of the nuclear fuel cycle

International Nuclear Information System (INIS)

Kremser, H.

1996-01-01

In its ruling of July 12, 1993, the German Federal Administrative Court decided on the lawfulness of the permit for the Emsland Nuclear Power Station and, in this process, also dealt with the question whether the peaceful utilization of nuclear power must be criticized under constitutional aspects because of the current absence of a repository for radioactive waste. The court assumes that legislators should be able to have confidence in the problem of waste management safety being solved. For the constitutional permissibility of the peaceful utilization of nuclear power it was sufficient, under the aspect of waste management safety, that work was being done in the exploration and construction of repositories for radioactive waste. This court ruling provokes a more detailed examination of the provisions in the constitution about matters of radioactive waste disposal. In this context, it must be borne in mind that statements in the constitution about the permissibility of the peaceful uses of nuclear power have repercussions on the question whether the peaceful utilization of nuclear power meets with constitutional objections based on the aspect of waste management safety. (orig.) [de

The positioning of federate sports in Portugal: handball, basketball, roller hockey and volleyball

OpenAIRE

Gonçalves, Celina; Correia, Abel

2005-01-01

Sport is constituted by a multiplicity of activities with different purposes, concepts and cultural representations. Before the increase of supply, Sports Federations need to understand the practitioners in relation to the several possibilities of practice and to position their sports according to their competitors. In this context, the purpose of this study is the positioning of team federate sports (handball, basketball, roller hockey and volleyball). According to Lindon et al.,...

ECHR and national constitutional courts

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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.

CONVOCATION REGIMES FOR ENVIRONMENTALISM IN BRAZILIAN BUSINESS MAGAZINES

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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.  

Directions and deviations in the Brazilian nuclear policy

International Nuclear Information System (INIS)

Leal, M.C.

1982-01-01

The emergence of the Brazilian nuclear policy as a subject of interest to the Brazilian society, the conflicts characterizing its formulation and implementation between 1945 and 1958 and the political criteria for executing a Brazilian nuclear program are presented. (M.C.K.) [pt

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

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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.

Nuclear supervision - federal executive administration or federal self-administration. From the view of an optimum task fulfillment; Atomaufsicht - Bundesauftragsverwaltung oder Bundeseigenverwaltung? Aus der Sicht optimaler Aufgabenerfuellung

Energy Technology Data Exchange (ETDEWEB)

Renneberg, W. [BMU, Bonn (Germany)]|[BMU, Berlin (Germany)

2005-07-01

The problem of the nuclear supervision, i.e. the question wether the federal executive administration can be considered a sustainable concept for the future within the framework of the atomic energy law is discussed in the paper. Without a complete refinancing of the nuclear supervision it is not possible to develop or at least keep a scientific and technical competence within the federal administration. In this context the results of the Kienbaum survey are reported. The objections and concerns with respect to the discussed federal self-administration model as alternative include possibly required changes of the constitutional law, aggravation of the loss of competence, the future of radiation protection, and interfaces to other fields of law, like emergency management.

BRAZILIAN EXPORTS OF MANUFACTURED WOOD

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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.

3 CFR 8340 - Proclamation 8340 of January 15, 2009. Martin Luther King, Jr., Federal Holiday, 2009

Science.gov (United States)

2010-01-01

... Proclamation 8340 of January 15, 2009 Proc. 8340 Martin Luther King, Jr., Federal Holiday, 2009By the President of the United States of America A Proclamation On the Martin Luther King, Jr., Federal Holiday, we... Constitution and laws of the United States, do hereby proclaim January 19, 2009, as the Martin Luther King, Jr...

ACCOUNTING TREATMENT OF TAXES ON INCOME: A COMPARATIVE STUDY ON THE CHANGE IN THE BRAZILIAN STANDARDS

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Tarso Rocha Lula Pereira

2014-09-01

Full Text Available The corporate accounting has as one of its sub area the tax area. The Brazilian Securities Commission issued the Deliberation 273/1998 and 599/2009, and the Federal Accounting Council, adopted Resolution 998/2004 and 1189/2009. Moreover, the Accounting Pronouncements Committee approved the statement 32/2009, all those dealing with income taxes, however, only the CPC 32, the Resolution 1189/2009 and the Resolution 599/2009 have been edited based on the International Accounting Standards 12 of the International Accounting Standards Board. All of these standards rule on the same subject, share substantial differences, but do not have the same structure. Thus, the aim of this work is to verify whether the update of accounting rules are consistent with IAS 12. The work is important to confirm how the Brazilian rules can contribute to the objective of the accounting science. It is a qualitative study and descriptive analysis.

Jorge Amado and the internationalization of brazilian literature

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Elizabeth Lowe

2013-02-01

Full Text Available http://dx.doi.org/10.5007/2175-7968.2013v1n31p119 Jorge Amado (1912-2001 is the most translated Brazilian writer and the literary figure that has shaped the reception of Brazilian literature in the world.  He is credited with opening the international literary market to the post-dictatorship generation of Brazilian writers.  Yet Amado is also a controversial figure.  The debate around him is sparked by what some believe is sexual and ethnic stereotyping in his post-1958 works and the reinforcement of "paternalistic "racial views. His reception therefore is mixed. For his English-language readers, he is a fascinating source of exotic and titillating narratives about the vast, unknown country of Brazil, and for Brazilians he is either a "great ambassador of Brazilian culture around the world" or a faux populist who disguises sexist and racist attitudes behind charming prose. This paper will address Amado's literary career, his unique contributions to Brazilian letters, the challenges of translating his work, and his influence on the production of a new Brazilian literature for export

Achievement of Fundamental Rights by Individual Initiative: Brazil in Relation to European Paradigm of “Triangular Basis Constitutional Justice”

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Ana Angelica Moreira Ribeiro Lima

2016-10-01

Full Text Available The current legal and qualitative dogmatic study makes use of the deductive method, exploratory and descriptive focus, bibliographical and documentary survey and content analysis to compare forms of achievement of fundamental rights in the Brazilian and European contexts. It’s concluded that the European “triangular basis constitutional justice”, in which there are three judicial guardianship systems, the European Court of Human Rights, member states courts and the European Union courts, provides greater safekeeping to fundamental rights of individual protection because of their simplicity, accessibility and assertiveness, tasking propose alternatives of implementation and enforcement of such rights in the national legal order.

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.

INTERNATIONALIZATION OF BRAZILIAN FRANCHISE CHAINS: A COMPARATIVE STUDY

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Pedro Lucas de Resende Melo

2015-04-01

Full Text Available The primary goal of this paper is to comprehend the fundamental organizational differences between Brazilian franchise chains that only operate in the home market and Brazilian franchise chains that operate internationally. The sample chosen for this study comprehends 96 Brazilian franchises operating in the home market and 67 franchises with international operations; logistic regression was used to analyze data obtained from these sources. Our findings suggest that the development of a brand in international operations can be strategic for certain Brazilian franchise chains; this seems to be, however, a scarce resource for many franchises and it could be developed through international operations. With regard to the fees charged, the outcomes demonstrate that Brazilian franchises with international operations tend to charge lower fees from its franchisees to install new units. Regarding the monitoring and control of franchises, there is evidence that the monitoring capability is one of the determining factors in the development of Brazilian franchises international operations.

Frequency of Maxillofacial Injuries Among Athletes-Members of Various Sports Federations in Iranform 1998-2001

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H Mahmoud Hasehmi

2003-02-01

Full Text Available Nowadays, sport injuries constitute a major part of social accidents. The aim of the presentstudy, was to investigate the frequency of maxillofacial injuries among athletes-members of differentsports federations in Iran from 1998-2001. For this reason files which was related to sport injuries of men and women athletes-members of sports federations were studied in Medical Federation of the Islamic Republic of Iran Sports Organization. The information were received through 26 medical organizations,located in different states of the country. The results showed that maxillofacial injuries constitute the major part of the sports injuries. In male athletes, football was the most important cause for maxillofacial injuries. However, mountain climbing and skiing play the least role in this field. Among female athletes,karate was the cause of the highest rate of maxillofacial sport injuries. Diving, mountain climbing and skiing cause the least number of maxillofacial accidents. Nasal fracture was the most common sport injury among Iraninan male and female athletes.

Dominance of foreign citations in Brazilian orthopedics journals☆☆☆

Science.gov (United States)

Teixeira, Renan Kleber Costa; Yamaki, Vitor Nagai; Rosa, Rita de Cássia Rodrigues; de Barros, Rui Sergio Monteiro; Botelho, Nara Macedo

2014-01-01

Objective To evaluate whether there is any preference for citing journals from other countries to the detriment of Brazilian journals, in three Brazilian orthopedics journals. Methods All the references of articles published in 2011 by the journals Acta Ortopédica Brasileira, Coluna/Columna and Revista Brasileira de Ortopedia were evaluated to as certain how many of these came from Brazilian journals and how many from foreign journals. Results 3813 references distributed among 187 articles were analyzed. Out of this total, 306 (8.02%) were from Brazilian journals. There was no difference between the three journals analyzed. There were 76 articles (40.64%) without any citations of articles in Brazilian journals and only two articles (1%) cited more Brazilian articles than articles published elsewhere. Conclusion There is a need for Brazilian researchers to cite articles from Brazilian journals more often. PMID:26229879

78 FR 5247 - Martin Luther King, Jr., Federal Holiday, 2013

Science.gov (United States)

2013-01-24

..., 2013 Martin Luther King, Jr., Federal Holiday, 2013 By the President of the United States of America A... thousands upon thousands rallying for jobs and freedom, the Reverend Dr. Martin Luther King, Jr., delivered... Constitution and the laws of the United States, do hereby proclaim January 21, 2013, as the Martin Luther King...

A strategy for molecular diagnostics of Fanconi anemia in Brazilian patients.

Science.gov (United States)

Pilonetto, Daniela V; Pereira, Noemi F; Bonfim, Carmem M S; Ribeiro, Lisandro L; Bitencourt, Marco A; Kerkhoven, Lianne; Floor, Karijn; Ameziane, Najim; Joenje, Hans; Gille, Johan J P; Pasquini, Ricardo

2017-07-01

Fanconi anemia (FA) is a predominantly autosomal recessive disease with wide genetic heterogeneity resulting from mutations in several DNA repair pathway genes. To date, 21 genetic subtypes have been identified. We aimed to identify the FA genetic subtypes in the Brazilian population and to develop a strategy for molecular diagnosis applicable to routine clinical use. We screened 255 patients from Hospital de Clínicas, Universidade Federal do Paraná for 11 common FA gene mutations. Further analysis by multiplex ligation-dependent probe amplification (MLPA) for FANCA and Sanger sequencing of all coding exons of FANCA , -C , and - G was performed in cases who harbored a single gene mutation. We identified biallelic mutations in 128/255 patients (50.2%): 89, 11, and 28 carried FANCA , FANCC , and FANCG mutations, respectively. Of these, 71 harbored homozygous mutations, whereas 57 had compound heterozygous mutations. In 4/57 heterozygous patients, both mutations were identified by the initial screening, in 51/57 additional analyses was required for classification, and in 2/57 the second mutation remained unidentified. We found 52 different mutations of which 22 were novel. The proposed method allowed genetic subtyping of 126/255 (49.4%) patients at a significantly reduced time and cost, which makes molecular diagnosis of FA Brazilian patients feasible.

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

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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

Sobre la regulación federal de las encuestas electorales en México

OpenAIRE

Peña, Ricardo de la; Ortiz, Verónica

2013-01-01

Election polls are a substantial element of our democratic reality. The conduction and publicity of opinion surveys during the electoral process involve the exercise of basic civil rights for pollsters and citizens. Hence the importance of federal regulation and State’s role in preserving the balance between freedom of expression and the access to information foreseen by the Mexican Constitution. Once again, the recent federal election produced lessons and evidence of regulatory successes and...

Proteção da autonomia reprodutiva dos transexuais Protection of the reproductive autonomy of transsexuals

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Heloisa Helena Barboza

2012-08-01

Full Text Available A Constituição Brasileira assegura o direito ao planejamento familiar com fundamento nos princípios da dignidade da pessoa humana e da paternidade responsável. Esse direito é reconhecido não só ao casal, como ao homem e à mulher, que podem constituir sozinhos uma comunidade familiar, denominada família monoparental, constitucionalmente amparada. O Conselho Federal de Medicina adotou normas éticas para a utilização das técnicas de reprodução assistida destinadas a todas as pessoas capazes, abrindo assim tal possibilidade para qualquer pessoa independentemente de sua orientação ou situação sexual. Indispensável, neste momento, analisar o caso dos transexuais, que podem ter sua capacidade de reproduzir comprometida pelo processo transexualizador, para que seus direitos reprodutivos sejam resguardados.Brazilian Constitution ensures the right to family planning founded on the principles of the dignity of the human person and that of responsible parenthood. Such right is ensured not only to different sex couples but, individually, to men and women alike, for Brazilian Constitution also acknowledges individuals as a family community, that is, a "monoparental family". In order to ensure to every capable person a better fulfillment of that right, disregarding his or her sexual orientation, Brazilian Federal Medicine Council has established ethical norms to assisted reproductive techniques. Regarding transsexuals, it is of utmost importance to critically analyze Trans-sexualizing Process for it might compromise their reproductive capacities and rights.

Electricity highways. End of the planning in the slow lane? Constitutional appraisal of some aspects of the Act of Acceleation of the Network Expansion; Stromautobahnen. Ende der Planung auf der Kriechspur? Verfassungsrechtliche Wuerdigung einiger Aspekte des Netzausbaubeschleunigungsgesetzes

Energy Technology Data Exchange (ETDEWEB)

Mikesic, Ivana; Strauch, Boris [Salans LLP, Frankfurt am Main (Germany); Salans LLP, Berlin (Germany)

2011-10-15

Since the adoption of the Merseburg 2007 benchmark paper, the issue of accelerating the expansion of the German power transmission network entirely is at the top of the political agenda. Little has been done so far. Now the Act for the Acceleration of Network Expansion shall regulate this according to the benchmark paper of the Federal Ministry of Economics and Technology (Berlin, Federal Republic of Germany). The expectations of the Ministry raise complex constitutional issues regarding the allocation of legislative powers to the State and Federal Authorities. The constitutional amendments within the scope of the reform of federalism I are put on the test bench by the draft.

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

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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.

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

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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

Futebol mulato: racial constructs in Brazilian football

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Tiago Fernandes Maranhao

2011-05-01

Full Text Available The aim of this paper is to review Gilberto Freyre’s ideas about futebol mulato and the way these ideas have spread the notion of the Brazilian mulatto as a symbol of a ‘racial democracy’, unique in Brazil, around the world. The notion first appeared in 1938 in an article by Freyre for the Diários Associados, an important Brazilian newspaper. Football (soccer was employed by Freyre as the special arena where the multiracial Brazilian nation could shine and show the world a different way of being, opposed to the white and ‘rational’ way of European football. In Freyre’s work, the so-called ‘football-art’ was compared to poetry, while the European style was equated with prose. This essay argues that Freyre’s ideas were useful in constructing the Brazilian identity, a nation of harmony in all its aspects, including the area of race, and how the idea of the mulatto has been used to minimise social disparities within Brazilian society. Freyre’s ideas remain contemporary; many Brazilian intellectuals still refer to these concepts. As well, the press in this huge country, and especially in World Cup years, uses the concepts of mulatto and football-art to characterize Brazil and differentiate it from other countries.

A PRESENÇA DO ESTADO NO SETOR FINANCEIRO BRASILEIRO: O CASO DA CAIXA ECONÔMICA FEDERAL

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Diana Costa de Castro

2013-01-01

Full Text Available The financial public enterprises have played an important role in the formation and development of the Brazilian State, becoming an indispensable tool for both its economy and its institutional consolidation. This research analyzes the state's presence in the National Financial System (NFS from the performance of the Caixa Econômica Federal (a Brazilian federal bank. The means by witch these agents are organized and developed are not predicted only by their public nature, but by a set of characteristics that result from an institutionalization process. Institutionalism and the foundations of bureaucratic administration are taken as reference for this paper analysis, when we discusses the elements that explain the combination of structural and symbolic components, combined with historical circumstances that have led to the institutionalization process. The methodology used in this paper consists of literature research and qualitative case study. In conclusion we present and describe the process of formation and structure of the NFS and the consolidation of the field of banking organizations in Brazil in three periods: before the banking reform of 1964, after this until the Plano Real (a financial policy, and from that to present date, corresponding to the stages of pre-formation, emerging and expanding, and institutionalized field.

EMENDAS CONSTITUCIONAIS E DESCENTRALIZAÇÃO FISCAL: EVOLUÇÃO E INTERFERÊNCIAS NA AUTONOMIA FINANCEIRA DOS MUNICÍPIOS

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Mauro Joaquim Júnior Pacheco

2018-01-01

Full Text Available After the Federal Constitution of 1988, Brazilian cities were raised to the position of federal entities with legislative, political, administrative and financial autonomy. Regarding financial autonomy, much is discussed about the dependence that the cities have on intergovernmental transfers, since their incomes are not enough to afford public spendings. The Constitution has been changed in a way that 96 (ninety-six amendments were approved, some of them focusing on fiscal decentralization. This way, one question is raised: Did those amendments interfere on financial autonomy of the cities? The possibility that the constitutional amendments interfered in the financial autonomy of municipalities was considered, increasing accountability in public policies or interfering in the generation of local incomes. Thus, the main objective of this study was to identify a possible interference of the Constitutional Amendments on the financial autonomy of the cities. The methodology was qualitative and was carried out a descriptive, documental and bibliographic study, based on primary and secondary data, adopting legal-dogmatic methodological aspects. To analyze and process the data, the content analysis was used as a technique. It was realized that in twenty-seven years, the Federal Constitution had twenty-seven changes that can potentially impact the financial autonomy of the cities. From these, 63% had negative implications and 37% had positive implications. The results demonstrate the increased responsibility of the cities regarding public policies. In a smaller proportion, it was realized the increase in the incomes, given the creation and increase of federal taxes that are not shareable.

The Brazilian national system of forest permanent plots

Science.gov (United States)

Yeda Maria Malheiros de Oliveira; Maria Augusta Doetzer Rosot; Patricia Povoa de Mottos; Joberto Veloso de Freitas; Guilherme Luis Augusto Gomide; < i> et al< /i>

2009-01-01

The Brazilian National System of Forest Permanent Plots (SisPP) is a governmental initiative designed and being implemented in partnership by the Ministry of Environment (MMA), represented by the National Forest Programme (PNF) and the Brazilian Forest Service (SFB) and the Embrapa Forestry (a research center of the Brazilian Agricultural Research Corporation - Embrapa...

Environmental Costs of Government-Sponsored Agrarian Settlements in Brazilian Amazonia.

Science.gov (United States)

Schneider, Maurício; Peres, Carlos A

2015-01-01

Brazil has presided over the most comprehensive agrarian reform frontier colonization program on Earth, in which ~1.2 million settlers have been translocated by successive governments since the 1970's, mostly into forested hinterlands of Brazilian Amazonia. These settlements encompass 5.3% of this ~5 million km2 region, but have contributed with 13.5% of all land conversion into agropastoral land uses. The Brazilian Federal Agrarian Agency (INCRA) has repeatedly claimed that deforestation in these areas largely predates the sanctioned arrival of new settlers. Here, we quantify rates of natural vegetation conversion across 1911 agrarian settlements allocated to 568 Amazonian counties and compare fire incidence and deforestation rates before and after the official occupation of settlements by migrant farmers. The timing and spatial distribution of deforestation and fires in our analysis provides irrefutable chronological and spatially explicit evidence of agropastoral conversion both inside and immediately outside agrarian settlements over the last decade. Deforestation rates are strongly related to local human population density and road access to regional markets. Agrarian settlements consistently accelerated rates of deforestation and fires, compared to neighboring areas outside settlements, but within the same counties. Relocated smallholders allocated to forest areas undoubtedly operate as pivotal agents of deforestation, and most of the forest clearance occurs in the aftermath of government-induced migration.

Environmental Costs of Government-Sponsored Agrarian Settlements in Brazilian Amazonia

Science.gov (United States)

2015-01-01

Brazil has presided over the most comprehensive agrarian reform frontier colonization program on Earth, in which ~1.2 million settlers have been translocated by successive governments since the 1970’s, mostly into forested hinterlands of Brazilian Amazonia. These settlements encompass 5.3% of this ~5 million km2 region, but have contributed with 13.5% of all land conversion into agropastoral land uses. The Brazilian Federal Agrarian Agency (INCRA) has repeatedly claimed that deforestation in these areas largely predates the sanctioned arrival of new settlers. Here, we quantify rates of natural vegetation conversion across 1911 agrarian settlements allocated to 568 Amazonian counties and compare fire incidence and deforestation rates before and after the official occupation of settlements by migrant farmers. The timing and spatial distribution of deforestation and fires in our analysis provides irrefutable chronological and spatially explicit evidence of agropastoral conversion both inside and immediately outside agrarian settlements over the last decade. Deforestation rates are strongly related to local human population density and road access to regional markets. Agrarian settlements consistently accelerated rates of deforestation and fires, compared to neighboring areas outside settlements, but within the same counties. Relocated smallholders allocated to forest areas undoubtedly operate as pivotal agents of deforestation, and most of the forest clearance occurs in the aftermath of government-induced migration. PMID:26247467

Scientometrics: Nature Index and Brazilian science.

Science.gov (United States)

Silva, Valter

2016-09-01

A recent published newspaper article commented on the (lack of) quality of Brazilian science and its (in) efficiency. The newspaper article was based on a special issue of Nature and on a new resource for scientometrics called Nature Index. I show here arguments and sources of bias that, under the light of the principle in dubio pro reo, it is questionable to dispute the quality and efficiency of the Brazilian science on these grounds, as it was commented on the referred article. A brief overview of Brazilian science is provided for readers to make their own judgment.

Efficiency Determinants in Brazilian Football Clubs

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Marcelo Machado de Freitas

2017-01-01

Full Text Available 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 efficient in any period under analysis. Others, such as Guarani (SP and Guaratinguetá (SP, were efficient in all of years under consideration. With the Tobit regression model, we were able to determine that winning titles and the elite status of a given club are decisive factors in achieving efficiency. Included among the strategies that allow for greater efficiency in Brazilian clubs are the better utilization of stadiums and club assets, maximization of the financial worth of player popularity, and joining these with titles and a place in the A Series. Finally, the results of this study contribute to the strategic development of the football business, highlighting the positive effects that efficiency yields for clubs, thus supporting the growing body of research on sports management in Brazilian academia.

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.

II Consenso Brasileiro sobre Helicobacter pylori Second Brazilian Consensus Conference on Helicobacter pylori infection

Directory of Open Access Journals (Sweden)

Luiz Gonzaga Vaz Coelho

2005-06-01

Full Text Available Avanços significativos ocorridos desde o Primeiro Consenso Brasileiro sobre H. pylori realizado em 1995, em Belo Horizonte, MG, justificam este segundo consenso. O evento foi organizado pela Federação Brasileira de Gastroenterologia e pelo Núcleo Brasileiro para Estudo do Helicobacter, sendo realizado em São Paulo nos dias 19 e 20 de junho de 2004. Contou com a participação das principais autoridades nacionais na área, a partir de lista elaborada pelas duas sociedades organizadoras do evento. Assim, participaram 36 delegados provenientes de 15 estados brasileiros, incluindo gastroenterologistas, patologistas, pediatras e microbiologistas. Os participantes foram alocados em um dos cinco sub-temas a serem contemplados no encontro, a saber: Helicobacter pylori e dispepsia funcional; Helicobacter pylori e AINEs; Helicobacter pylori e doença do refluxo gastroesofágico; tratamento Helicobacter pylori e retratamento Helicobacter pylori. Foi adotado como consensual as decisões que atingissem 70% ou mais de concordância entre os participantes. Os resultados foram apresentados em outubro de 2004 durante sessão especial da VI Semana Brasileira do Aparelho Digestivo, realizada em Recife, PE, e esta publicação apresenta o sumário das principais recomendações e conclusões do evento.Significant progress has been obtained since the First Brazilian Consensus Conference on H. pylori Infection held in 1995, in Belo Horizonte, MG, and justify a second meeting to establish updated guidelines on the current management of H. pylori infection. The Second Brazilian Consensus Conference on H. pylori Infection was organized by the Brazilian Federation of Gastroenterology and Brazilian Nucleus for the Study of Helicobacter and took place on June, 19-20, 2004 in São Paulo, SP. Thirty six delegates coming from 15 different Brazilian states including gastroenterologists, pathologists, microbiologists and pediatricians undertook the meeting. The

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.

Epidemiological profile of care for violence in public urgency and emergency services in Brazilian capital, Viva 2014.

Science.gov (United States)

Souto, Rayone Moreira Costa Veloso; Barufaldi, Laura Augusta; Nico, Lucélia Silva; Freitas, Mariana Gonçalves de

2017-09-01

Injuries and deaths resulting from violence constitute a major public health problem in Brazil. The article aims to describe the profile of calls for violence in emergency departments and emergency Brazilian capitals. This is a descriptive study of Violence and Accident Surveillance System (VIVA), carried out in public emergencies Brazilian cities, from September to November 2014, a total of 4406 calls for aggression. We considered the following categories of analysis: 1) sociodemographic characteristics (gender, age, race / skin color, education, place of residence, vulnerability, alcohol intake); 2) Event feature (probable author, nature and means of aggression); and characteristics of care (getting to the hospital, prior service, evolution). Of the total calls for violence (n = 4406), the highest prevalence was among young people 20-39 years (50.2%), male, black and low education. As for the event characteristics it stands out that 87.8% were physical assaults; 46.3% cut/laceration and 13.7% involved a firearm. The results point to the need to strengthen intersectoral actions to expand the network of care and protection.

O efeito fronteira das regiões brasileiras: uma aplicação do modelo gravitacional The border effect in Brazilian regions: a gravity model approach

Directory of Open Access Journals (Sweden)

Sérgio Leusin Jr.

2009-08-01

Full Text Available Este artigo analisa o efeito fronteira do Brasil e de suas regiões para o ano 1999. Esse efeito foi estimado empiricamente, utilizando-se dados de corte seccional, em um modelo gravitacional com os 26 estados brasileiros, mais o Distrito Federal e 40 países. Apesar de o Brasil ter se engajado em um processo de abertura comercial, como o ocorrido durante a década de 1990, e ter participado de Acordos Preferenciais de Comércio importantes como o Mercosul, constatou-se que o país e algumas de suas regiões apresentam elevados custos de fronteira. Os resultados encontrados indicam que o comércio entre estados brasileiros é 33 vezes superior ao comércio internacional desses estados. Para as regiões brasileiras, o efeito fronteira das regiões Norte e Nordeste é significativamente maior do que aquele observado nas regiões Sul e Sudeste.This paper analyzes the border effect for Brazilian goods market and its regions in 1999. This effect was quantified empirically by using cross-sectional data in a gravitational model for twenty-six Brazilian states plus the Federal District and forty other countries. Despite Brazil's involvement in commercial opening in the 90's, as well as important regional trade agreements such as Mercosul, we noticed that Brazil and some of its regions have high cross-border costs. The finding results of this equation suggest a trade 33 times higher between Brazilian states than the international trade of these states. Regarding each Brazilian region, the border effect found for intra-national trade among Northeast and North regions is significantly higher than the border effect for Southeast and Southern regions.

[Sustainability of Brazilian policy for access to antiretroviral drugs].

Science.gov (United States)

Grangeiro, Alexandre; Teixeira, Luciana; Bastos, Francisco I; Teixeira, Paulo

2006-04-01

The expense of acquiring antiretroviral drugs in Brazil has given rise to debate about the sustainability of the policy of universal access to AIDS medications, despite the evident benefits. The objective of this study was to analyze the evolution of the Ministry of Health's spending on acquiring antiretroviral drugs from 1998 to 2005, the determining factors and the medium-term sustainability of this policy (2006-2008). The study on the evolution of spending on antiretrovirals included analysis of their prices, the year-by-year expenditure, the number of patients utilizing the medication, the mean expenditure per patient and the strategies for reducing the prices maintained during this period. To analyze the sustainability of the policy for access to antiretrovirals, the cost of acquiring the drugs over the period from 2006 to 2008 was estimated, along with the proportion of gross domestic product and federal health expenditure represented by this spending. The data were collected from the Ministry of Health, the Brazilian Institute for Geography and Statistics (IBGE) and the Ministry of Planning. The expenditure on antiretrovirals increased by 66% in 2005, breaking the declining trend observed over the period from 2000 to 2004. The main factors associated with this increase were the weakening of the national generics industry and the unsatisfactory results from the process of negotiating with pharmaceutical companies. The Brazilian policy for universal access is unsustainable at the present growth rates of the gross domestic product, unless the country compromises its investments in other fields.

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...

THE BRAZILIAN SUPREME COURT'S PRECEDENTS AND THE CURIOUS TAXING DIFFERENCE ON THE AIR AND INLAND PASSENGER TRANSPORT

Directory of Open Access Journals (Sweden)

Marciano Seabra de Godoi

2016-07-01

Full Text Available The study aims to the taxing of transport service provision, particularly the passenger transport, as well as the odd difference of treatment created directly by the Brazilian Supreme Court’s precedents, applying distinguished regimes for air passenger and inland. It discusses the evolution of legislation on the subject and, specially, it examines critically how the Supreme Court’s case law stood on the issue, through the judgment of many direct actions of unconstitutionality (ADI. The study considers legally inconsistent these precedents, in which is unconstitutional the tax collection over the air transport, but constitutional over the inland one.

2. Brazilian Congress on Cell Biology and 7. Brazilian Colloquium on Electron Microscopy - Abstracts

International Nuclear Information System (INIS)

1980-01-01

Immunology, virology, bacteriology, genetics and protozoology are some of the subjects treated in the 2. Brazilian Congress on Cell Biology. Studies using radioisotopic techniques and ultrastructural cytological studies are presented. Use of optical - and electron microscopy in some of these studies is discussed. In the 7. Brazilian Colloquium on Electron Microscopy, the application of this technique to materials science is discussed (failure analysis in metallurgy, energy dispersion X-ray analysis, etc). (I.C.R.) [pt

Domestic violence against women, public policies and community health workers in Brazilian Primary Health Care.

Science.gov (United States)

Signorelli, Marcos Claudio; Taft, Angela; Pereira, Pedro Paulo Gomes

2018-01-01

Domestic violence creates multiple harms for women's health and is a 'wicked problem' for health professionals and public health systems. Brazil recently approved public policies to manage and care for women victims of domestic violence. Facing these policies, this study aimed to explore how domestic violence against women is usually managed in Brazilian primary health care, by investigating a basic health unit and its family health strategy. We adopted qualitative ethnographic research methods with thematic analysis of emergent categories, interrogating data with gender theory and emergent Brazilian collective health theory. Field research was conducted in a local basic health unit and the territory for which it is responsible, in Southern Brazil. The study revealed: 1) a yawning gap between public health policies for domestic violence against women at the federal level and its practical application at local/decentralized levels, which can leave both professionals and women unsafe; 2) the key role of local community health workers, paraprofessional health promotion agents, who aim to promote dialogue between women experiencing violence, health care professionals and the health care system.

Smoking: what has been addressed in Brazilian journals.

Science.gov (United States)

Prado, Gustavo Faibischew; Lombardi, Elisa Maria Siqueira; Morais, Anna Miethke; Martins, Stella Regina; Santos, Ubiratan de Paula

2012-12-01

The topic of tobacco smoking, in its several aspects, has been receiving increasing attention among researchers over the past few years, which has been reflected in more data and more solid scientific literature on the subject in national journals. This article aims to review the studies that focused on smoking published between January 2010 and June 2012, in Arquivos Brasileiros de Cardiologia (Brazilian Archives of Cardiology), Brazilian Journal of Medical and Biological Research, Clinics (Sao Paulo), Jornal Brasileiro de Pneumologia (Brazilian Journal of Pulmonology), Revista da Associação Médica Brasileira (Journal of the Brazilian Medical Association) and Revista Brasileira de Cirurgia Cardiovascular (Brazilian Journal of Cardiovascular Surgery). During the aforementioned period 58 articles were published, 52 of which were original ones, addressing several aspects of smoking, such as effects on health, epidemiology, cessation and experimental studies.

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...

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)

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

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...

A Emenda Constitucional 45 e a questão do acesso à justiça The Constitutional Amendment 45 and the acess to the justice

Directory of Open Access Journals (Sweden)

Ludmila Ribeiro

2008-12-01

Full Text Available A proposta deste artigo é discutir em que medida a Emenda Constitucional 45 pode (ou não alterar o cenário atual de acesso à justiça através da alteração de algumas normas relativas ao funcionamento do judiciário brasileiro. Este estudo se insere na seara denominada "direito e segurança jurídica" na medida em que pretende verificar de que forma alterações legais podem o escopo e o tipo de acesso que a população possui ao judiciário. Para tanto, além de uma revisão sobre o processo de constituição e reforma do sistema judiciário brasileiro, sobre os pressupostos teóricos da questão do acesso à justiça, este artigo revisou outras pesquisas nacionais sobre cada um dos temas escolhidos para esta abordagem no âmbito dessa emenda. As conclusões apontam para o fato de que várias das mudanças previstas pela EC/45 poderiam ser materializadas pelo simples cumprimento da legislação extraordinária já existente. Nesse sentido, a grande alteração instituída pela Emenda 45 foi a constituição do Conselho Nacional de Justiça como órgão destinado a avaliar o trabalho das cortes estaduais de justiça.This article analysis the 45th Amendment to the Brazilian Constitution, focusing on the possibilities that this rule has in enlarge the access to the justice in this country. This study is related to the area "right and legal security" because it is going to verify if this lawful alteration is able to improve the access that the people has to the Brazilian judiciary. Therefore, beyond a revision about the Constitution and reforms of the Brazilian Judicial System and the theoretical framework related to the access to the justice, this article overhauled other researches about the routine and organizational structure of the judiciary state courts. The results aim that, despite the 45th Constitutional Amendment intends to changes the judiciary system as a role; some of its disposition those could be done through the fulfillment of

Indoor air quality in Brazilian universities.

Science.gov (United States)

Jurado, Sonia R; Bankoff, Antônia D P; Sanchez, Andrea

2014-07-11

This study evaluated the indoor air quality in Brazilian universities by comparing thirty air-conditioned (AC) (n = 15) and naturally ventilated (NV) (n = 15) classrooms. The parameters of interest were indoor carbon dioxide (CO2), temperature, relative humidity (RH), wind speed, viable mold, and airborne dust levels. The NV rooms had larger concentration of mold than the AC rooms (1001.30 ± 125.16 and 367.00 ± 88.13 cfu/m3, respectively). The average indoor airborne dust concentration exceeded the Brazilian standards (indoor air quality in Brazilian university classrooms affects the health of students. Therefore, indoor air pollution needs to be considered as an important public health problem.

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)

Arbuscular mycorrhizal fungi in Mimosa tenuiflora (Willd. Poir from Brazilian semi-arid

Directory of Open Access Journals (Sweden)

Tancredo Augusto Feitosa de Souza

2016-06-01

Full Text Available Abstract Many plant species from Brazilian semi-arid present arbuscular mycorrhizal fungi (AMF in their rhizosphere. These microorganisms play a key role in the establishment, growth, survival of plants and protection against drought, pathogenic fungi and nematodes. This study presents a quantitative analysis of the AMF species associated with Mimosa tenuiflora, an important native plant of the Caatinga flora. AMF diversity, spore abundance and root colonization were estimated in seven sampling locations in the Ceará and Paraíba States, during September of 2012. There were significant differences in soil properties, spore abundance, percentage of root colonization, and AMF diversity among sites. Altogether, 18 AMF species were identified, and spores of the genera Acaulospora, Claroideoglomus, Dentiscutata, Entrophospora, Funneliformis, Gigaspora, Glomus, Racocetra, Rhizoglomus and Scutellospora were observed. AMF species diversity and their spore abundance found in M. tenuiflora rhizosphere shown that this native plant species is an important host plant to AMF communities from Brazilian semi-arid region. We concluded that: (a during the dry period and in semi-arid conditions, there is a high spore production in M. tenuiflora root zone; and (b soil properties, as soil pH and available phosphorous, affect AMF species diversity, thus constituting key factors for the similarity/dissimilarity of AMF communities in the M. tenuiflora root zone among sites.

Trends in breastfeeding research by Brazilian nurses

Directory of Open Access Journals (Sweden)

Mônica Oliveira B. Oriá

Full Text Available Exclusive breastfeeding is acknowledged as important for survival, optimal growth, and development of infants. The current review presents a synthesis of research output by Brazilian nurses on breastfeeding over the last 20 years, analyzes the theoretical and methodological issues emerging from studies on breastfeeding in Brazil, and provides directions for future research and practice by nurses in the area breastfeeding. Studies included in this review were identified through LILACS searches of Portuguese-language sources. Articles were organized and analyzed chronologically by comparing the evolution of the Brazilian Breastfeeding Program. The incomplete research output of the Brazilian nursing profession in regard to breastfeeding research needs to be addressed. In addition, specific cultural, sociological, and anthropological characteristics of Brazilian regional settings remain to be explored. Emphasis on potential confounders and critical interrelations is warranted.

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

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

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

Post-Revolution Constitutionalism: The Impact of Drafting Processes on the Constitutional Documents in Tunisia and Egypt

DEFF Research Database (Denmark)

Elsayed, Ahmed Mohamed Abdelfattah

2014-01-01

This paper seeks to address the constitutional paths that followed the Arab awakening in both Tunisia and Egypt. The Tunisian constitutional process, despite some tensions, was largely peaceful and consensual. On the other hand, the process in Egypt of establishing a new constitutional arrangement...... at identifying the factors have impacted both the constitutional drafting process and the popular perception of the produced constitutions in each of Tunisia and Egypt....

Editorial aspects of the primer Caminho Suave and the participation of the publisher Caminho Suave Limitada in federal programs for school textbook

Directory of Open Access Journals (Sweden)

Eliane Teresinha Peres

2016-03-01

Full Text Available The main objective of this work was to present and analyze editorial aspects of the primer Caminho Suave, as well as the participation of the publishing house of the same name, in federal programs for school textbooks. The primer was published for the first time in 1948 and is edited until today, representing a landmark for Brazilian literacy, exerting influence over generations of teachers and students alike. Data analyzed were collected from official sources (Diário Oficial da União [Brazilian Official National Press] and Diário Oficial do Estado de São Paulo [São Paulo State Official Press], from periodical press (Veja Digital, Grupo Folha, and Hemeroteca Digital Brasileira [Brazilian Digital Periodical Press Collection], and from printings of the primer itself. In the research process, data indicated the primer Caminho Suave as one of the biggest editorial successes concerning books used to teach reading and writing inBrazil, as some studies in this field had already indicated.

The nuclear importation and exportation - The Brazilian situation

International Nuclear Information System (INIS)

Coimbra, G.L.

1985-01-01

The panorama of Brazilian economy emphasizing the measurements adopted by Brazilian government referring to importation and exportation policy is presented. The Brazilian Nuclear Program knows the nuclear trade gives good economic perspective. In the context of importation and exportation policy the laws concerned to nuclear trade transactions, taxes, national organizations responsible by the external trade policy and their attributions are presented. (M.C.K.) [pt

The value of an intercâmbio: brazilian student mobility, bilateralism & international education

Directory of Open Access Journals (Sweden)

Eric Spears

2014-05-01

Full Text Available Brazil’s emergence in the global economy as a member of the BRIC (Brazil, Russia, India, China, and South Africa states has prompted the federal government to establish the Brazilian Scientific Mobility Program (Science Without Borders in order to advance the country’s social capital and infrastructure in STEM (Science, Technology, Engineering, and Math related disciplines and industries. Public and private investment in the Scientific Mobility Program has transformed the way in which Brazilian government, universities, and citizenry places value the intercâmbio (student exchange experience in the United States. STEM-related disciplines are now disproportionately funded versus social sciences, humanities, and fine arts fields. This development has altered the way in which student mobility in the United States is given worth and changed the trajectory of international education in Brazil. This research provides a conceptual analysis of the Brazilian Scientific Mobility Program by using a critical political economy perspective. The essay conceptualizes the Science Without Borders initiative at global, national, and local levels. This research also explores what implications the bilateral U.S.-Brazil Educational Partnership may have on future policy, practice, and ultimately, funding of Brazilian student mobility. A emergência do Brasil no âmbito da economia mundializada como participante do BRIC (Brasil, Rússia, Índia, China e África do Sul mobilizou o governo federal brasileiro a estabelecer um programa estatal de mobilidade acadêmica (Programa Ciência sem Fronteiras de modo a fazer avançar o capital social do país (general intellect e a infraestrutura em STEM (Ciência, Tecnologia, Engenharia e Matemática relacionadas à indústria. Investimentos públicos e privados no programa de mobilidade acadêmica transformaram o modo como o governo brasileiro e as universidades valorizam o intercâmbio estudantil com os Estados Unidos. As �

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.

Retrieval and the development of German federalism in the postwar period

Directory of Open Access Journals (Sweden)

O. A. Mayor

2014-05-01

Full Text Available The path to understanding the nature of the German federal state is the analysis of its historical development. The process of establishing the federal structure of the German territory is long and quite complex , due to complex factors of social , legal and political nature. Federal relations on German soil in a given historical period is a reflection of political realities and lessons of the previous state . This paper considers the problem of revival of federal structures in the context of the new German state. Author determined arguments in favor of the federal structure of the state at the time. Established a task that had set the parents creators of the Weimar constitution. It is noted that much attention has been given implementation mechanisms controlling the balance of power and authority , not the vertical distribution of competencies. The features of the functioning of West German federalism. This paper analyzes the main structural problems and dysfunctions in the system of German federalism, which found its expression in the post­war period ; considered federal principles in Eastern Germany, who were in the tension field of centralist ideological trends in the postwar period. The author points out that the revival of German federalism influenced by factors such as domestic and foreign policy issues and concludes on the need for transformation of the federal system.

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

Brazilian Studies and Brazilianists: Conceptual remarks

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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.

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.

The strict liability principle in antidoping rules and the human rights of athletes: an approach critical

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Renata da Cruz Cunha

2008-03-01

Full Text Available Back Ground: the human lives in search of overrun at all levels, whether professional, emotional or in their interpersonal relationships. In the middle of sports this search becomes more visible, because hundredths of seconds can make the difference between the podium and the failure. Journals at any moment announces a new case of a positive doping in several sports. Objective: analyse the processes judged for doping in the STJD of the Brazilian athletism and verify if the pronounced sentences are in accordance with the Brazilian Constitution and with the Universal Declaration of the Human Rights. Materials and Methods: 18 cases were reviewed by the use of prohibited substance, between the years 2003 to 2006 by the STJD of Athletism. Results: of the 18 cases examined only 3 were acquitted by the STJD, however, these three, two have met suspension for two years, in order that WADA, not satisfied with the results asked the International Federation (IAAF to analyze them, and after guided them to the Court of Arbitration Sports (CAS. Conclusion: the rule of objective responsibility are not in accordance with the Brazilian Constitution and with the Universal Declaration of the Human Rights, leading athletes to respond irrespective proven their guilt.

The strict liability principle in antidoping rules and the human rights of athletes: an approach critical

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R.C. Cunha

2008-01-01

Full Text Available Back Ground: the human lives in search of overrun at all levels, whether professional, emotional or in their interpersonal relationships. In the middle of sports this search becomes more visible, because hundredths of seconds can make the difference between the podium and the failure. Journals at any moment announces a new case of a positive doping in several sports. Objective: analyse the processes judged for doping in the STJD of the Brazilian athletism and verify if the pronounced sentences are in accordance with the Brazilian Constitution and with the Universal Declaration of the Human Rights. Materials and Methods: 18 cases were reviewed by the use of prohibited substance, between the years 2003 to 2006 by the STJD of Athletism. Results: of the 18 cases examined only 3 were acquitted by the STJD, however, these three, two have met suspension for two years, in order that WADA, not satisfied with the results asked the International Federation (IAAF to analyze them, and after guided them to the Court of Arbitration Sports (CAS. Conclusion: the rule of objective responsibility are not in accordance with the Brazilian Constitution and with the Universal Declaration of the Human Rights, leading athletes to respond irrespective proven their guilt.

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

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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?

Testing applied in Brazilian studies in sport psychology

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Andressa Melina Becker da Silva

2015-02-01

Full Text Available Sport Psychology is one of the areas of the expertise of psychologists that makes use assessment tools. Therefore depends on the construction and validation of instruments for this population. Examine the instruments cited in this literature can help in this process. This study examined the instruments validated for the Brazilian population, cited in national articles on Sport Psychology, from 2002 to 2012. The descriptors "validation", "test", "sport", and "Psychophysiology", were crossed with descriptors "anxiety", "stress", "depression", "motivation", "leadership", "aggression," "imagination," "humor," "self-esteem", and "self-efficacy" - on the electronic bases Periódicos/CAPES, SciELO-Brazil and PubMed, in January 2013. For 38 sports and other non-competitive, six instruments translated and validated in Brazil were found, but not yet assessed / approved by the Federal Council of Psychology. The inclusion of the psychophysiological measures in the evaluation process and the validation of the instruments applied to Sport Psychology are discusses.

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...

Demystifying "oxi" cocaine: Chemical profiling analysis of a "new Brazilian drug" from Acre State.

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da Silva Junior, Ronaldo C; Gomes, Cezar S; Goulart Júnior, Saulo S; Almeida, Fernanda V; Grobério, Tatiane S; Braga, Jez W B; Zacca, Jorge J; Vieira, Maurício L; Botelho, Elvio D; Maldaner, Adriano O

2012-09-10

Recent information from various sources suggests that a new illicit drug, called "oxi", is being spread across Brazil. It would be used in the smoked form and it would look like to crack cocaine: usually small yellowish or light brown stones. As fully released in the media, "oxi" would differ from crack cocaine in the sense that crack would contain carbonate or bicarbonate salts whereas "oxi" would include the addition of calcium oxide and kerosene (or gasoline). In this context, this work presents a chemical profiling comparative study between "oxi" street samples seized by the Civil Police of the State of Acre (CP/AC) and samples associated with both international and interstate drug trafficking seized by the Brazilian Federal Police in Acre (FP/AC). The outcome of this work assisted Brazilian authorities to stop inaccurate and alarmist releases on this issue. It may be of good use by the forensic community in order to better understand matters in their efforts to guide local law enforcement agencies in case such claims reach the international illicit market. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

The new Brazilian national forest inventory

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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...

Monitoring of risk and protective factors for chronic non communicable diseases by telephone survey in Brazilian State Capitals, 2008.

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Malta, Deborah Carvalho; da Silva, Sara Araújo; de Oliveira, Patrícia Pereira Vasconcelos; Iser, Betine Pinto Moehlecke; Bernal, Regina Tomie Ivata; Sardinha, Luciana Monteiro Vasconcelos; Moura, Lenildo de

2012-09-01

To estimate the prevalence of protective and risk factors for the most important chronic non communicable diseases in all Brazilian capitals, including the Federal District. Data used were collected in 2008 through VIGITEL, an ongoing population-based telephone survey surveillance system implemented in all Brazilian State capitals since 2006. In 2008, over 54,000 interviews were completed over the phone with a random sample of individuals living in all 27 capitals. The analyses showed differences in the prevalence of determinants of chronic diseases by demographic characteristics such as gender, age and schooling. Men were more likely to be current smokers, overweight, and consumers of soft drinks, fatty meat and alcohol. They were also more likely to be more active in leisure. Women reported being more likely to eat healthy, but also were more likely to have a physician diagnosis of high blood pressure, dyslipidemia, osteoporosis and overall poor health status. In general, the prevalence of risk factors studied increased with decreasing levels of schooling. The VIGITEL system was implemented to monitor changes in the prevalence of determinants of chronic diseases over time to inform public health workers and decision makers to adjust existing programs and policies according to the changing profile of consumers. The ultimate goal is to improve the health of the Brazilian population.

Citizenship and decoloniality in Brazilian education

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Viviane Conceição Antunes

2014-08-01

Full Text Available Reflecting on the importance of multiculturalism in teaching process and observing the otherness are primarily a challenge. This enables us to rethink what we have within ourselves, also to reconstitute memories involving discriminatory and unethical attitudes, which takes place in social fellowship. Based on the studies of Walsh (2007, 2009, Gomes (2007 and Tavares (2011, this work relies on decoloniality studies, mainly on the relevance of the history of Africa and Africanness in Brazilian education. Our corpus of analysis is found in the "Diretrizes Curriculares Nacionais para a Educação Básica" (DCN, 2013, the Brazilian Legislative Syllabus for Basic Education. Our focus is on the chapters concerning the Native-Brazilian and Quilomboa Education and ethnic-racial relations. Our most important aims are: to show the intercultural theoretical framework in which they are based on; to understand the immediate link established between the Native-Brazilian education and intercultural perspective; to clarify how the African diaspora was carried out in this particular case. Based on some Excel resources we were able to: 1 stablish the predominance of functional framework of interculturalism throughout these chapters, along with some critical features of interculturalism, as the issue of curricular decoloniality; 2 observe the established relationship between bilingualism and multiculturalism in the guidelines of Native-Brazilian education; and 3 identify a search for an effective inclusion of Africanness in curricula supported by the historical recognition and visibility of their sociocultural contribution.

References from Brazilian medical journals in national publications.

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Teixeira, Renan Kleber Costa; Botelho, Nara Macedo; Petroianu, Andy

2013-01-01

To assess whether there is a preference for international journal citation to the detriment of national ones in ten Brazilian medical journals, in two different periods. All references in the articles published in Arquivos Brasileiros de Oftalmologia, Revista Brasileira de Cirurgia Cardiovascular, Revista da Associação Médica Brasileira, São Paulo Medical Journal, Arquivos Brasileiros de Endocrinologia e Metabologia, Clinics, Jornal Brasileiro de Pneumologia, Revista da Sociedade Brasileira de Medicina Tropical, Revista Brasileira de Psiquiatria e Acta Ortopédica Brasileira in the years 2011 and 2007 were analyzed, assessing the number of articles published in national and international journals. A total of 36,125 references from 1,462 articles published in the 10 aforementioned journals were analyzed. Of the total number, 4.242 (11.74%) were from Brazilian journals. There was no significant difference between the two analyzed periods. A total of 453 (30,98%) of the articles studied non-cited brazilian papers,and 81 (5.54%) articles had more Brazilian than international references. Of total references analyzed, 11.74% were related to articles published in Brazilian journals. This number, when compared to the percentage of Brazilian articles published in the medical area, demonstrates a good number of citations of national articles. Copyright © 2012 Elsevier Editora Ltda. All rights reserved.

The Possibility Of Judicial Control Of The Discretion Of The Decreeing Of The State Of Defense And The State Of Siege In The Brazilian Law

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Márcio Eduardo Senra Nogueira Pedrosa Morais

2016-12-01

Full Text Available The aim of this research is to approach the theme “constitutional system of crisis” by the dogmatic studying of the state of defense and the state of siege in the text of the Constitution of the Federal Republic of Brazil from 1988 - CFRB/88. Initially, it will be done a study about the constitutional system of crisis and in a second moment, it will be analyzed separately the constitutional dispositions about the state of defense and the state of siege.

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.

The Role of Agriculture on the Recent Brazilian Economic Growth

OpenAIRE

Spolador, Humberto Francisco Silva; Roe, Terry L.

2012-01-01

This paper investigates the contribution of the Brazilian agriculture to economic growth of the Brazilian economy. It draws upon the Global Trade Analysis Project (GTAP) data base, and other time series data to construct a multi-sector Ramsey model that shows the transition growth of the Brazilian agricultural sector and its effects on growth of the Brazilian economy, with particular emphasis given to the years 1994–2010.

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

A vedação de tratamento cruel contra os animais versus direitos culturais: breve análise da ótica do Supremo Tribunal Federal no julgamento do Recurso Extraordinário nº 153531/SC

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Nicanor Henrique Netto Armando

2014-04-01

Full Text Available This paper developed a brief analysis on the performance of the Supreme Court judgment in the Extraordinary Appeal No. 153531/SC that sought to settle the dispute arising from the realization of a cultural manifestation allegedly performed in the State of Santa Catarina (binge ox, which raised the collision between the protection of the right to culture, on the one hand, and protection of animals on the other. Our goal was to investigate whether, in the light of the aforementioned judgment, the Supreme Court comes to identify a legal protection of animals in Brazilian constitutional law and determine what would be the meaning or scope attributed to this protection regarding the meaning of the constitutional prohibition of cruelty. The research investigated what interpretation the Supreme Court gives to the content of protection standard, that is, the understanding that the Supreme Court has about the objective proposed by this rule and what is the constitutional sense of the prohibited practice (cruelty. The conclusion of the paper points out that the decision of the supreme court of settling the superiority of animal protection over a cultural event when the practice of cruelty against those mattered supports the view of the section VII, § 1 of Art. 225 of the Federal Constitution. Breaking anthropocentric perspective of Kantian inspiration, this enshrines the biocentric view that, unlike the first one, gives the animals their own intrinsic value and dignity, regardless of their usefulness to the achievement of human ends. Through the comparison of sequences of the judgment with doctrinal expositions we noticed, even to some extent, the assignment of an ecological dimension to human dignity and the proclamation of an ecologically balanced environment as a fundamental human right.

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

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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.

Constitution and the prevention of nuclear holocaust: a reaction to professor Banks

International Nuclear Information System (INIS)

Carter, S.L.

1986-01-01

Responding to an article in which Professor William C. Banks argues that Congress can require the President to have the permission of a special committee of congressmen before ordering a first use of nuclear weapons, the author contends that the proposal, first offered by the Federation of American Scientists (FAS), cannot withstand constitutional tests. Congressional war power laws prohibit Congress from delegating this power to a committee since it must be the consent of the entire Congress. While supporting the concept of a crisis committee as well-intentioned, he argues that its role should be one of setting, not implementing policy

Constitution and the prevention of nuclear holocaust: a reaction to professor Banks

Energy Technology Data Exchange (ETDEWEB)

Carter, S.L.

1986-01-01

Responding to an article in which Professor William C. Banks argues that Congress can require the President to have the permission of a special committee of congressmen before ordering a first use of nuclear weapons, the author contends that the proposal, first offered by the Federation of American Scientists (FAS), cannot withstand constitutional tests. Congressional war power laws prohibit Congress from delegating this power to a committee since it must be the consent of the entire Congress. While supporting the concept of a crisis committee as well-intentioned, he argues that its role should be one of setting, not implementing policy.

Implementation Issues in Federal Reform Efforts in Education: The United States and Australia.

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Porter, Paige

Multiple data sources are used in this study of educational change in the United States and Australia. The author considers political issues that may affect the implementation of educational reform efforts at the federal level, such as homogeneity versus heterogeneity, centralization versus decentralization, constitutional responsibility for…

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.

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

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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

Validity and reliability of the Brazilian version of the Work Ability Index questionnaire.

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Martinez, Maria Carmen; Latorre, Maria do Rosário Dias de Oliveira; Fischer, Frida Marina

2009-06-01

To evaluate the validity and reliability of the Portuguese language version of a work ability index. Cross sectional survey of a sample of 475 workers from an electrical company in the state of Sao Paulo, Southeastern Brazil (spread across ten municipalities in the Campinas area), carried out in 2005. The following aspects of the Brazilian version of the Work Ability Index were evaluated: construct validity, using factorial exploratory analysis, and discriminant capacity, by comparing mean Work Ability Index scores in two groups with different absenteeism levels; criterion validity, by determining the correlation between self-reported health and Work Ability Index score; and reliability, using Cronbach's alpha to determine the internal consistency of the questionnaire. Factorial analysis indicated three factors in the work ability construct: issues pertaining to 'mental resources' (20.6% of the variance), self-perceived work ability (18.9% of the variance), and presence of diseases and health-related limitations (18.4% of the variance). The index was capable of discriminating workers according to levels of absenteeism, identifying a significantly lower (pindex and all dimensions of health status analyzed (pindex was high, with a Cronbach's alpha of 0.72. The Brazilian version of the Work Ability Index showed satisfactory psychometric properties with respect to construct validity, thus constituting an appropriate option for evaluating work ability in both individual and population-based settings.

[Brazilian nursing and the democratization of health: notes on the National Policy of Popular Education in Health].

Science.gov (United States)

David, Helena Maria Scherlowski Leal; Bonetti, Osvaldo Peralta; da Silva, Maria Rocineide Ferreira

2012-01-01

This essay discusses the role of Brazilian nursing as a socially committed practice, in the political and pedagogic plan. The concepts of popular participation, representative and participatory democracy, and education in health are recovered, enlightened by the recent history of the constitution of social network of practices and reflections called Popular Education and Health. The construction process and the ethical-political principles of a National Policy of Popular Education in Health are presented, discussing the participation of nursing in the changes of educational practices, in spaces of political representation and formulation of public policies, with a perspective of achieving a fair and equal social order.

An empirical analysis of fiscal federalism implementation and of cost accounting in Italian public administrations

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Pina Puntillo

2012-09-01

Full Text Available The concept of cost has been introduced in Italian Administration since the early nineties. There is a copious legislation referring directly or indirectly, to the need, as well as to the utility of measuring the costs of public administration, in deference, to a renewed interpretation of the constitutional principle of Good Performance in pursuance of Article. 97 of the Italian Constitution. The most recent and probably the most significant intervention at institutional level, is the implementation of fiscal federalism as provided by Law. 42, 2009. The core features of fiscal federalism are the transition from historical expenditure to standard costs as a criterion for determining financial needs of public bodies, together with the attempt to establish more meaningful accountability mechanisms, both to policy makers and to public management. The measurement of standard costs represents one of the pillars of fiscal federalism and it will be pursued using the mechanism of "best practice". Full implementation of fiscal federalism, therefore, requires the verification of the operating costs of all public administrations. According to statutory law, regions are also required to provide verification of operating costs, for the successful pursuing of fiscal federalism. The present research is going to assess the level of diffusion of cost accounting in Italian regional public administrations. The methodology used for this paper includes the analysis of regional law as well as interviews to the officials of accounting and auditing offices

The Brazilian Portuguese version of the Work Productivity and Activity Impairment: General Health (WPAI-GH Questionnaire

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Rozana Mesquita Ciconelli

Full Text Available CONTEXT AND OBJECTIVE: It is still difficult to measure work productivity losses caused by health problems. Despite the importance given to this issue over the last few years, most instruments for performing this task are available only in the English language. This study translated the Work Productivity and Activity Impairment _ General Health (WPAI-GH Questionnaire into Brazilian Portuguese, adapted it cross-culturally and evaluated its reliability and validity. DESIGN AND SETTING: Cross-sectional survey to test scale reliability and validity, at São Paulo Hospital and the clinic of the Rheumatology division of Universidade Federal de São Paulo - Escola Paulista de Medicina (Unifesp-EPM. METHODS: Data were obtained from a survey that incorporated the WPAI-GH, short form-36 (SF-36 and some demographic questions. The questionnaires were administered by interview to 100 subjects. RESULTS: Descriptive statistics was used to characterize the subjects. The intraclass correlation coefficient and Cronbach's alpha were used to assess the reliability and internal consistency of the instrument. Intraclass correlation coefficients from 0.79 to 0.90 indicated good reliability. Cronbach's alpha of 0.74 indicated good internal consistency. Pearson's correlation coefficient was used to assess validity. There were significant positive relationships between the WPAI-GH and SF-36. CONCLUSION: The Brazilian Portuguese version of the WPAI-GH is a reliable and valid measurement tool and may be useful for those who seek to measure the impact on productivity of health problems among populations of Brazilian employees.

Prevalence, correlates, and description of self-reported diabetes in brazilian capitals - results from a telephone survey.

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Iser, Betine Pinto Moehlecke; Malta, Deborah Carvalho; Duncan, Bruce Bartholow; de Moura, Lenildo; Vigo, Alvaro; Schmidt, Maria Inês

2014-01-01

The prevalence of diabetes is increasing worldwide. The objective of this study is to estimate the prevalence of self-reported diabetes in Brazilian adults and to describe its population correlates as well as the clinical characteristics of the reported cases. We analyzed basic and supplementary data of 54.144 subjects participating in VIGITEL 2011 (Surveillance System for Risk and Protective Factors for Chronic Diseases), a telephone survey based on a probabilistic sample of subjects ≥ 18 years old residing in Brazilian state capitals and the Federal District. Estimates reported are weighted so as to represent the surveyed population. The prevalence of self-reported diabetes was 6.3% (95% CI 5.9-6.7), increasing markedly with age and nutritional status, and decreasing with level of education. Prevalence was higher among those self-declaring their race/color as black. Most cases (90%) reported the diagnosis being made at 35 years or older. The vast majority (99.8%) of self-reported cases informed having previously performed at least one glucose test, and 76% of those not reporting diabetes also informed having previously performed glucose testing. Most cases (92.6%) reported following some form of diabetes treatment, 79% taking medication. The estimated prevalence of known diabetes found, 6.3%, is consistent with estimates given by international summaries. The additional data collected in VIGITEL 2011 regarding previous glucose testing and current treatment support the use of telephone-based information to monitor the prevalence of known diabetes in Brazilian capitals.

Confidential telephone in constitutions of brazil and portugal: analysis of measure in law of treatment and jurisprudential and protection limit between poor and efficient

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Diego Prezzi Santos

2016-04-01

Full Text Available The present study aims to analyze the requirements of the wiretapping Brazil and Portugal, basing the analysis on constitutional norms and standards infra. The analysis involves the understanding of rights linked to personal intimacy and privacy and the possibility that it has investigated the target of disclosure of telephone records through telephone interception, having secured the material access to justice, and, therefore, these respected rights. Checked out the concept of access to fair legal system (material and also the formal access to make possible the understanding and presentation of the results obtained from the Brazilian courts and the Portuguese courts.

Assessment of the Economic Structure of Brazilian Agribusiness

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Rodrigues Moreira, Vilmar; Kureski, Ricardo; Pereira da Veiga, Claudimar

2016-01-01

This paper presents an economic assessment of Brazilian agribusiness and its relationship with other economic sectors. It was found that, in 2011, agribusiness had a share of 18.45% (basic prices) and 19.77% (market prices) of Brazilian GDP. The tax burden of agribusiness (20.68%) was higher than that of other sectors (13.59%), despite agribusiness being a major contributor to the generation of foreign exchange, employment, and essential products, such as food. Brazilian agribusiness is a major employer, responsible for 29.39% of national employment. However, its average income is lower than in the other sectors of the Brazilian economy. Finally, agribusiness was found to be the biggest generator of foreign exchange, with a positive balance of trade. It was possible to conclude that agribusiness forms a strong link between agriculture and livestock, industry, and services in other economic sectors. For this reason, it can be said that the development of agribusiness is highly relevant to the process of Brazilian economic development and is therefore important to the progress of economic policies. PMID:27243040

Assessment of the Economic Structure of Brazilian Agribusiness.

Science.gov (United States)

Rodrigues Moreira, Vilmar; Kureski, Ricardo; Pereira da Veiga, Claudimar

2016-01-01

This paper presents an economic assessment of Brazilian agribusiness and its relationship with other economic sectors. It was found that, in 2011, agribusiness had a share of 18.45% (basic prices) and 19.77% (market prices) of Brazilian GDP. The tax burden of agribusiness (20.68%) was higher than that of other sectors (13.59%), despite agribusiness being a major contributor to the generation of foreign exchange, employment, and essential products, such as food. Brazilian agribusiness is a major employer, responsible for 29.39% of national employment. However, its average income is lower than in the other sectors of the Brazilian economy. Finally, agribusiness was found to be the biggest generator of foreign exchange, with a positive balance of trade. It was possible to conclude that agribusiness forms a strong link between agriculture and livestock, industry, and services in other economic sectors. For this reason, it can be said that the development of agribusiness is highly relevant to the process of Brazilian economic development and is therefore important to the progress of economic policies.

Assessment of the Economic Structure of Brazilian Agribusiness

Directory of Open Access Journals (Sweden)

Vilmar Rodrigues Moreira

2016-01-01

Full Text Available This paper presents an economic assessment of Brazilian agribusiness and its relationship with other economic sectors. It was found that, in 2011, agribusiness had a share of 18.45% (basic prices and 19.77% (market prices of Brazilian GDP. The tax burden of agribusiness (20.68% was higher than that of other sectors (13.59%, despite agribusiness being a major contributor to the generation of foreign exchange, employment, and essential products, such as food. Brazilian agribusiness is a major employer, responsible for 29.39% of national employment. However, its average income is lower than in the other sectors of the Brazilian economy. Finally, agribusiness was found to be the biggest generator of foreign exchange, with a positive balance of trade. It was possible to conclude that agribusiness forms a strong link between agriculture and livestock, industry, and services in other economic sectors. For this reason, it can be said that the development of agribusiness is highly relevant to the process of Brazilian economic development and is therefore important to the progress of economic policies.

The Brazilian Multipurpose Reactor (RMB) Project

Energy Technology Data Exchange (ETDEWEB)

Perrotta, Jose Augusto [Comissao Nacional de Energia Nuclear (CNEN), Rio de Janeiro, RJ (Brazil)

2012-07-01

Full text: The Plan of Action on Science, Technology and Innovation (PACT 2007-2010) of the Ministry of Science Technology and Innovation (MCTI), aligned to the governmental strategies for the Brazilian Nuclear Program, established as a goal the study and definition of the Brazilian Multipurpose Reactor (RMB). The RMB research reactor is designed to perform three main functions: radioisotope production for medicine, industry, agriculture and environmental applications; fuel and material irradiation testing in support to the Brazilian nuclear energy program; and to provide neutron beams for scientific and applied research. The main project facilities are: nuclear pool type reactor with a flux level compatible to the multipurpose uses; hot cells laboratory for Mo-99 and I-131 processing; hot cells laboratory for radioisotope processing; hot cells laboratory for irradiated material post irradiation analysis; neutron beams laboratory building with scientific equipment and instrumentation for researching; radiochemistry laboratory; radioactive waste treatment facility; support laboratories for operation and researching; and buildings for researchers and operators. This speech presents the RMB project status, giving some technical and management details on its development and its future perspectives for new jobs in research activities for the Brazilian technical and scientific community. (author)

The Brazilian Multipurpose Reactor (RMB) Project

International Nuclear Information System (INIS)

Perrotta, Jose Augusto

2012-01-01

Full text: The Plan of Action on Science, Technology and Innovation (PACT 2007-2010) of the Ministry of Science Technology and Innovation (MCTI), aligned to the governmental strategies for the Brazilian Nuclear Program, established as a goal the study and definition of the Brazilian Multipurpose Reactor (RMB). The RMB research reactor is designed to perform three main functions: radioisotope production for medicine, industry, agriculture and environmental applications; fuel and material irradiation testing in support to the Brazilian nuclear energy program; and to provide neutron beams for scientific and applied research. The main project facilities are: nuclear pool type reactor with a flux level compatible to the multipurpose uses; hot cells laboratory for Mo-99 and I-131 processing; hot cells laboratory for radioisotope processing; hot cells laboratory for irradiated material post irradiation analysis; neutron beams laboratory building with scientific equipment and instrumentation for researching; radiochemistry laboratory; radioactive waste treatment facility; support laboratories for operation and researching; and buildings for researchers and operators. This speech presents the RMB project status, giving some technical and management details on its development and its future perspectives for new jobs in research activities for the Brazilian technical and scientific community. (author)

Sports injuries in Brazilian blind footballers.

Science.gov (United States)

Magno e Silva, M P; Morato, M P; Bilzon, J L J; Duarte, E

2013-03-01

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, 11 succumbed to some form of injury during the 5 competitions, which incorporated 23 matches, representing a prevalence of 84.6%. A total of 35 sports injuries were recorded, giving a clinical incidence of 2.7 injuries per athlete and an injury risk of 0.85 and an incidence rate of 0.12 injuries per match. Traumatic injuries (80%) were more common than overuse injuries (20%) (psports-related injuries in 5-a-side football in blind athletes. The results are important in guiding strategies to inform the implementation of preventive pathways and provide a strong rationale for the compulsory use of additional protective equipment. © Georg Thieme Verlag KG Stuttgart · New York.

The Brazilian business and growth cycles

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Chauvet Marcelle

2002-01-01

Full Text Available This paper uses several produceres to date and analyse the Brazilian business and growth cycles. In particular, a Markov switching model is fitted to quarterly and annual real production data. The smoothed probabilities of the Markov states are used as predictive rules to define different phases of cyclical fluctuations of real Brazilian production. The results are compared with different non-parametric rules. All methods implemented yield similar dating and reveal asymmetries across the different states of the Brazilian business and growth cycles, in which slowdowns and recessions are short and abrupt, while high growth phases and expansions are longer and less steep. The resulting dating of the Brazilian economic cycles can be used as a reference point for construction and evaluation of the predictive performance of coincident, leading, or lagging indicators of economic activity. In addition, the filtered probabilities obtained from the Markov switching model allow early recognition of the transition to a new business cycle phase, wich can be used, for example, for evaluation of the adequate strength and timing of countercyclical policies, for reassessment of projected sales or profits by businesses and investors, or for monitoring of inflation pressures.

Estimating and interpreting a common stochastic component for the Brazilian industrial production index

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Paulo Picchetti

2002-03-01

Full Text Available This paper employs a state-space formulation to model a common stochastic component in four different series that constitute the aggregate index of industrial production in Brazil. This estimated common component is then interpreted as a measurement of behavior of fundamentals in the brazilian economy and compared to the actual aggregate index.A partir de uma formulação em espaço de estado, modelamos um componente estocástico comum para quatro séries distintas que compõem o índice agregado de produção industrial calculado pelo IBGE para o Brasil. Esse componente estocástico comum estimado é então interpretado como uma medida do comportamento de fundamentos da economia brasileira, e comparado com o índice agregado efetivo.

Is there publication bias towards brazilian articles on cancer?

Science.gov (United States)

Loureiro, Luiz Victor Maia; Callegaro, Donato; Rocha, Altieres de Arruda; Prado, Bernard Lobato; Mutão, Taciana Sousa; Donnarumma, Carlos del Cistia; del Giglio, Auro

2013-01-01

ABSTRACT Objective: To investigate whether Brazilian articles on cancer are published in journals with an impact factor and/or repercussion (measured by the number of citations) inferior to those that come from foreign organizations. Methods: A search was carried out in PubMed for the MeSH term “neoplasm” with the limits clinical trial, affiliation of the Brazilian author(s), and interval from July 1st, 2009 to June 30, 2010. Selected for matching were non-Brazilian related articles published from three months prior to three months after the date of publication of the Brazilian study. The numbers of citations were obtained from two databases, as well as the impact factor for the journals in which the articles were published. Results: Fortythree national and 876 related international articles were identified. The Brazilian publications had a mean impact factor of 3.000 versus 3.430 of the international ones (p=0.041). There was no statistically significant difference as to the number of citations between the two groups. The affiliation of the first author with a Brazilian or foreign organization did not significantly influence the number of citations or the impact factor. Conclusion: Brazilian articles are significantly less accepted in journals with higher impact factors, although it does not compromise its repercussion on the scientific community. PMID:23579739

Modos de fazer uma República: demiurgia e invenção institucional na tradição republicana brasileira Ways of republic making: institutional invention in Brazilian republican tradition

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Renato Lessa

2012-07-01

Full Text Available O artigo sugere uma interpretação da República brasileira como ­processo de invenção dependente de duas ordens de ficções. A primeira delas, formulada entre outros ensaístas brasileiros, por Francisco José de Oliveira Vianna, sustenta a vigência, no processo de constituição da sociedade e do Estado no ­Brasil desde o período colonial, de um padrão de sociabilidade fragmentado e carente de laços sociais e cívicos permanentes. A segunda ordem de ficções é corolário da primeira: a ausência de nexos sociais acabou compensada pela presença e pela força do direito público e da elaboração constitucional. O artigo analisa dois momentos cruciais de (reinvenção da República brasileira, ambos marcados pelo predomínio do direito público e da invenção constitucional (1932 e 1988. Ao fim, a experiência política brasileira é apresentada como tentativa continuada de criação de uma comunidade cívica e política “contra os factos”.This article suggests an interpretation of the Brazilian republican State and nation building as a process affected by two orders of fictions. The first and fundamental one was formulated, among several Brazilian intellectuals, by Francisco José de Oliveira Vianna in the beginning of the twentieth century. It was based on the assumption that Brazilian social and political history has been marked, since colonial times, by “insolidarism” and by a lack of social and civic bonds among the population. The second order of fictions is a corollary of the first: the lack of social bonds has been compensated for by the presence and the force of public law and constitution making. The article analyzes two crucial moments of (reinvention of the Brazilian Republic - 1932 and 1988 - marked by a clear predominance of constitution and law making. As a result, Brazilian political experience is presented as an everlasting attempt to build a civic and political community against the facts.

RMB. The new Brazilian multipurpose research reactor

International Nuclear Information System (INIS)

Perrotta, Jose Augusto; Soares, Adalberto Jose

2015-01-01

Brazil has four research reactors (RR) in operation: IEA-R1, a 5 MW pool type RR; IPR-R1, a 100 kW TRIGA type RR; ARGONAUTA, a 500 W Argonaut type RR, and IPEN/MB-01, a 100 W critical facility. The first three were constructed in the 50's and 60's, for teaching, training, and nuclear research, and for many years they were the basic infrastructure for the Brazilian nuclear developing program. The last, IPEN/MB-01, is the result of a national project developed specifically for qualification of reactor physics codes. Considering the relative low power of Brazilian research reactors, with exception of IEAR1, none of the other reactors are feasible for radioisotope production, and even IEA-R1 has a limited capacity. As a consequence, since long ago, 100% of the Mo-99 needed to attend Brazilian nuclear medicine services has been imported. Because of the high dependence on external supply, the international Moly-99 supply crisis that occurred in 2008/2009 affected significantly Brazilian nuclear medicine services, and as presented in previous IAEA events, in 2010 Brazilian government formalized the decision to build a new research reactor. The new reactor named RMB (Brazilian Multipurpose Reactor) will be a 30 MW open pool type reactor, using low enriched uranium fuel. The facility will be part of a new nuclear research centre, to be built about 100 kilometres from Sao Paulo city, in the southern part of Brazil. The new nuclear research centre will have several facilities, to use thermal and cold neutron beams; to produce radioisotopes; to perform neutron activation analysis; and to perform irradiations tests of materials and fuels of interest for the Brazilian nuclear program. An additional facility will be used to store, for at least 100 years, all the fuel used in the reactor. The paper describes the main characteristics of the new centre, emphasising the research reactor and giving a brief description of the laboratories that will be constructed, It also presents the

RMB. The new Brazilian multipurpose research reactor

Energy Technology Data Exchange (ETDEWEB)

Perrotta, Jose Augusto; Soares, Adalberto Jose [Comissao Nacional de Energia Nuclear (CNEN) (Brazil)

2015-01-15

Brazil has four research reactors (RR) in operation: IEA-R1, a 5 MW pool type RR; IPR-R1, a 100 kW TRIGA type RR; ARGONAUTA, a 500 W Argonaut type RR, and IPEN/MB-01, a 100 W critical facility. The first three were constructed in the 50's and 60's, for teaching, training, and nuclear research, and for many years they were the basic infrastructure for the Brazilian nuclear developing program. The last, IPEN/MB-01, is the result of a national project developed specifically for qualification of reactor physics codes. Considering the relative low power of Brazilian research reactors, with exception of IEAR1, none of the other reactors are feasible for radioisotope production, and even IEA-R1 has a limited capacity. As a consequence, since long ago, 100% of the Mo-99 needed to attend Brazilian nuclear medicine services has been imported. Because of the high dependence on external supply, the international Moly-99 supply crisis that occurred in 2008/2009 affected significantly Brazilian nuclear medicine services, and as presented in previous IAEA events, in 2010 Brazilian government formalized the decision to build a new research reactor. The new reactor named RMB (Brazilian Multipurpose Reactor) will be a 30 MW open pool type reactor, using low enriched uranium fuel. The facility will be part of a new nuclear research centre, to be built about 100 kilometres from Sao Paulo city, in the southern part of Brazil. The new nuclear research centre will have several facilities, to use thermal and cold neutron beams; to produce radioisotopes; to perform neutron activation analysis; and to perform irradiations tests of materials and fuels of interest for the Brazilian nuclear program. An additional facility will be used to store, for at least 100 years, all the fuel used in the reactor. The paper describes the main characteristics of the new centre, emphasising the research reactor and giving a brief description of the laboratories that will be constructed, It also

The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures

Directory of Open Access Journals (Sweden)

LWH Ackermann

2000-05-01

Full Text Available Constitutional democracy recognises the ancient democratic principle that government of a country is based on and legitimated by the will and consent of the governed, which is determined by regular multi-party elections based on universal adult franchise. Constitutional democracy limits this principle by subjecting the democratically elected government and the will of the majority subject to a written constitution and the norms embodied in it. Such constitution is enshrined as the supreme law of the country in question. An almost universal feature of modern constitutionalism is a Bill of Rights that forms part of the Constitution and which is designed to protect and enforce individual rights principally, although not exclusively, against the state. Constitutionalism also embodies the principle of the separation of powers. A competent and independent judiciary, with the power to review all legislative and executive conduct that is inconsistent with the Constitution, is regarded, almost universally, as the prime and most effective check on the legislative and executive branches of government. Recently it has come to be realised that for the truly effective and meaningful operation of constitutionalism, other independent state institutions are necessary. The collective objective of these institutions is to ensure that the Constitution in fact produces what it proclaims: that constitutionalism becomes a way of life in all institutional structures. The South African Constitution has clearly designated the judiciary as the prime upholder and enforcer of the Constitution. The Constitution has, however, gone further and makes provision for a variety of independent state institutions whose purpose is to "strengthen constitutional democracy in the Republic". Apart from these state institutions the Constitution also makes provision for other independent bodies designed to play an important checking and balancing role. The regular effective functioning of

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.

The Brazilian Back Complaints in the Elders (Brazilian BACE) study: characteristics of Brazilian older adults with a new episode of low back pain.

Science.gov (United States)

Jesus-Moraleida, Fabianna Resende De; Ferreira, Paulo Henrique; Ferreira, Manuela Loureiro; Silva, Juscelio Pereira Da; Assis, Marcella Guimarães; Pereira, Leani Souza Máximo

Low back pain (LBP) is little explored in the aging population especially when considering age-relevant and culturally dependent outcomes. We aimed to describe socio-demographic and clinical characteristics of Brazilian older people with a new episode of LBP presenting to primary care. We sourced baseline information on socio-demographic, pain-related and clinical characteristics from 602 older adults from the Brazilian Back Complaints in the Elders (Brazilian BACE) study. We analyzed differences in pain, disability, functional capacity and psychosocial factors between sub-groups based on age (i.e. participants aged 55-74 or ≥75 years), education (i.e. those with four years or less of schooling or those with more than four years of schooling) and income (i.e. participants who reported earning two or less minimal wages or three and more). Participants presented severe LBP (7.18/10, SD: 2.59). Younger participants were slightly more disabled (mean difference 1.29 points, 95% confidence interval [CI]: 0.03/5.56), reporting poorer physical health, and less fall-related self-efficacy (mean difference of 2.41, 95% CI 0.35/4.46). Those less educated, and those with income equal or less than two minimum wages had more disability, pain catastrophizing and worse functional capacity. This was the first study showing that Brazilian older adults with LBP present high levels of functional disability and psychological distress, especially those with low socioeconomic status. Copyright © 2017 Associação Brasileira de Pesquisa e Pós-Graduação em Fisioterapia. Publicado por Elsevier Editora Ltda. All rights reserved.

Pharmaceutical companies vs. the State: who is responsible for post-trial provision of drugs in Brazil?

Science.gov (United States)

Wang, Daniel Wei L; Ferraz, Octavio Luiz Motta