Made available in DSpace on 2013-08-07T18:48:05Z (GMT). No. of bitstreams: 1 000444155-Texto+Parcial-0.pdf: 125862 bytes, checksum: 38e05cc26d38b4f5c2324707d56c7483 (MD5) Previous issue date: 2012 / The binding precedent is a topic which, more and more, has taken part of the academic and jurisprudential debates, in the face of its insertion in the Brazilian legal order through binding sumula, binding decisions in the appeals to the Supreme Court, acknowledgment of the general repercussion in recurrent appeals to the Supreme Court, and the judgment of recurrent appeals to the Superior Court. The best comprehension of the binding precedent, to avoid distortion in its application by the Brazilian jurists, demands a deep study of its original system, and the way it is faced and used in such a system. Aiming at this deepening, the present dissertation departs from the comparative study between the original law family of binding precedent, the Common Law family, and the family in which is inserted the Brazilian law, the Civil Law. Understanding both systems and these main features, a detailed examination of the binding doctrine in Common Law was established and, after that, it has done an analysis of the way this doctrine is being transposed to Brasil. The work was developed through the bibliographic research in historical and comparative law books, the reading of British and North-American authors who had been dedicated to the concepts of Common Law, and the analysis of Brazilian doctrinaire and jurisprudential opinion about the topic. The investigation which was made allowed to verify the importance of adopting binding precedents in the evolution of national law. But, on the other hand, it also permitted to realize the lack of technique in the consolidation of this practice in the national territory, what is responsible for the compromising of the judicial assistance. / O precedente vinculante é um tema que, cada vez mais, vem ocupando espaço nos debates acadêmicos e jurisprudenciais, diante da sua inserção no ordenamento jurídico brasileiro através das súmulas vinculantes, decisões vinculantes em recursos extraordinários, do reconhecimento da repercussão geral em recursos extraordinários repetitivos e do julgamento de recursos especiais repetitivos. A melhor compreensão do precedente vinculante, para se evitar distorções na sua aplicação pelos juristas pátrios, exige um estudo aprofundado do sistema jurídico que lhe deu origem, e da forma como é encarado e utilizado neste sistema. Visando a este aprofundamento, a presente dissertação partiu do estudo comparado entre a família de direito originária da doutrina dos precedentes, a família do Common Law, e a família na qual se insere o direito brasileiro, a do Civil Law. Entendendo estes dois sistemas e as suas principais características, estabeleceu-se, então, um exame minucioso da doutrina dos precedentes dentro do Common Law e, após, a análise de como esta doutrina vem sendo transposta para o Brasil. O trabalho foi desenvolvido através da pesquisa bibliográfica em livros de história do direito e de direito comparado, da leitura de autores ingleses e norte-americanos que se dedicaram aos conceitos do Common Law, bem como através da análise das opiniões doutrinárias e jurisprudenciais brasileiras a respeito do tema. A investigação realizada permitiu constatar a importância da adoção dos precedentes vinculantes para a evolução do direito nacional. Mas, por outro lado, permitiu perceber também a atecnia com que essa prática vem se consolidando no direito nacional, o que só compromete a qualidade da prestação jurisdicional.

abstract: Background: Research in animal models suggests that fish oil ingestion may impair immunity and increase risk for infection. To date there are no studies examining this relationship between fish oil ingestion and risk for infection in humans. Objective: The primary aim of this randomized, placebo-controlled, double-blind, parallel-arm study was to examine the effect of 400 mg of EPA and 200 mg of DHA, the main components of fish oil (FO) supplements, on the incidence of symptoms related to upper respiratory tract infections in healthy young females, at a large southwestern university. Design: Healthy young women between 18 and 38 years of age who were non-obese (mean BMI 23.7 ± 0.6 kg/m2) were recruited from an urban southwestern university campus. Subjects were non-vegetarians, non-smokers, and reported consuming less than one serving (3.5 oz) of fish per week. Participants (n=26) were randomized according to age, body weight, BMI, and daily n-3 fatty acid (FA) intake into two groups: FO (one gel capsule of 600 mg EPA/DHA per day) or CO (one placebo gel capsule of 1000 mg coconut oil per day). Participants completed a validated daily cold symptom survey, the Wisconsin Upper Respiratory Symptom Survey-21 for 8 weeks. Fasting blood samples measuring TNF-α concentrations were taken at weeks 1 and 8, when 24-hour dietary recalls were also performed. Anthropometric measurements were recorded via bioelectrical impedance at trial weeks 1, 4, and 8. Results: The 8-week trial of FO supplementation did not significantly change the average score for perception of cold symptoms between FO and CO groups (167 ± 71 and 185 ± 56, p=0.418, respectively). Plasma TNF-α levels (pg/mL) did not differ between groups (p=0.482). TNF-α levels were significantly correlated with body weight (r=0.480, p=0.037), BMI (r=0.481, p=0.037, and percent body fat (r=0.511, p=0.025) at baseline. Conclusions: Healthy young women taking a fish oil supplement of 400 mg EPA and 200 mg DHA per day over 8 weeks does not impose unintentional health consequences. These findings do not refute the American Heart Association's current recommendations for all Americans to consume two servings (3.5 oz) of a variety of oily fish per week. Depending on the type of fish, this current recommendation equates to approximately 200-300 mg per day of EPA and DHA n-3 polyunsaturated fatty acids. Additional research is needed to investigate the effects of higher dosages of fish oils on daily cold symptoms. / Dissertation/Thesis / M.S. Nutrition 2013

Made available in DSpace on 2014-06-12T15:56:43Z (GMT). No. of bitstreams: 2 arquivo2966_1.pdf: 1666666 bytes, checksum: 973dda346a6f1998a4dcfea9706b94a5 (MD5) license.txt: 1748 bytes, checksum: 8a4605be74aa9ea9d79846c1fba20a33 (MD5) Previous issue date: 2010 / A Common Intermediate Language (CIL), linguagem intermediária definida pelo padrão ECMA-335, provou ser uma representação alvo eficiente para muitas linguagens de alto nível, permitindo a portabilidade de programas para diversas plataformas. Entretanto, os compiladores de linguagem CIL disponíveis nas implementações existentes do padrão ECMA-335 não são adequados para o desenvolvimento de sistemas que executem diretamente sobre o hardware, como sistemas em tempo real, sistemas embarcados e novos sistemas operacionais específicos, porque exigem o suporte de uma máquina virtual (VES Virtual Execution System) para o funcionamento dos programas compilados. Este fato confina a seleção de linguagens às tradicionais C e C++ como opções para o desenvolvimento de tais sistemas. Face a esse confinamento, apresentamos a construção de um compilador estático de código CIL chamado CILCompiler, que transforma um subconjunto da linguagem em uma imagem executável que funciona com acesso direto ao hardware, sem a necessidade de uma máquina virtual. No intuito de tornar didático o compilador, facilitando a construção, compreensão e extensão do mesmo, foi adotada a abordagem incremental para a construção de compiladores, que sugere a utilização de pequenos passos incrementais para obter um compilador funcional logo nos estágios primitivos de desenvolvimento

LL.M. (Civil Procedural Law) / In this dissertation various topics regarding inchoate documents will be analysed and discussed. A brief historical background will set the scene, showing the development of bills of exchange in various countries around the world. Although the origins of the earliest bills of exchange can be traced back to Arabic traders in the eighth century, the development of the bill of exchange is generally traced back to the lex mercatoria, i~ the rules which were adopted by medieval traders, especially the Lombards in Italy, to conduct their business. As the lex mercatoria was absorbed into various countries, differences developed. It is clear that the English Bills of Exchange Act 1882 had a marked influence on the law relating to negotiable instruments in most Commonwealth countries and the United States of America. In the second chapter the distinction between the common law and statute law will be analysed. The recent Appellate Division judgment in the case of Thompson v Voges 1988 (I) SA 747 (A) will be discussed. In that case Acting Chief Justice Rabie held that an automatic estoppel could not operate against the signatory of an inchoate document who had signed a document and had handed it to another with the intention that it be issued and used as a negotiable instrument. A detailed analysis of Thompson's case, and the cases referred to by the learned Acting Chief Justice in the course of his judgment, will show that the conclusion reached by him can only be applied to holders who qualify as mere holders, and not to holders in due course. It is submitted, with the greatest respect, that an automatic estoppel will still operate in favour of a holder in due course...

This thesis proposes to empirically evaluate fundamental welfare outcomes associated with common property rights forestry. The inferences made were based on data collected from selected villages in rural Ethiopia, where common property forestry programs are being run or are planned. The thesis comprises of three separate analysis chapters. The first of these analysis chapters engaged with the estimation of compensating variation, for community forestry intervention, using double-bounded contingent valuation methods while controlling for biases arising from anomalous preference revelation. The second analysis chapter aimed to identify salient community forestry program attributes that are preferred by potential program participants, estimate welfare effects and test preference heterogeneity for each of the selected attributes. The third analysis chapter aimed to estimate average treatment effects associated with the implementation of natural forest management decentralization, paying particular attention to identification issues. The results from the first analysis chapter indicate that community forestry programs offer sizeable welfare benefits. Furthermore, double-bounded CVM studies in developing country contexts also suffer from preference revelation anomalies, and, therefore, researchers should control for these anomalies. From the second analysis chapter, the welfare gain offered by community forestry was found to hinge largely on the proposed attributes of the program, such as the type of forest, area enclosure and type of land upon which the forest was to be situated. Moreover, the results pointed to significant differences in attribute preferences across the study population. In the third analysis chapter, after controlling for selection bias and treatment-effect heterogeneity associated with program participation, forest management decentralization programs were found to increase the average welfare of participant households between 19.96% and 33.63%. The results support the claim that common property right forestry management can be used to revive rural development and provide incentives for environmental protection, the latter of which has been uncovered in related research. / Thesis (PhD)--University of Pretoria, 2012. / Economics / unrestricted

No abstract available Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Private Law / unrestricted

This thesis covers the subject of economic integration in the East African setting. Following a review of custom union theory literature, a closer examination is made of the historical and economic background of the East African Common Market. A case is then made for Zambian entry into the Common Market with particular emphasis put on the effect it would have on the growth of G.D.P. (impact effect) and the development of industry. An empirical examination of the impact effect indicates that Tanzania will be the largest net gainer. A model is also presented that shows the effect of integration on the time horizon of industrial growth. Finally, the thesis concludes that there are net gains that can be enjoyed by all parties if integration is implemented in a rational manner and industrial planning is executed by an inter-country industrial planning board that would allocate industry among the member countries based on sound economic criteria. / Arts, Faculty of / Vancouver School of Economics / Graduate

Given financial constraints, drug manufacturers are required to provide pharmacoeconomic evaluations to demonstrate the value for money of their drug compared to current treatment when requesting reimbursement by publicly funded health care systems. This thesis is a retrospective examination of pharmacoeconomic evaluations submitted for review to the Common Drug Review process. Its purpose was to determine the pattern of adherence to guidelines, trends in methodological quality, and transparency, changes in the adoption and practice of sensitivity analysis and probabilistic methods, use of indirect treatment comparison, and identify methodological factors−determinants of recommendations. Using an instrument that was developed and tested, information from 201 pharmacoeconomic evaluations was collected and analysed. Pharmacoeconomic evaluations may have improved over time in terms of adherence, methodological quality, transparency, use of probabilistic sensitivity analysis and indirect treatment comparison. However, such improvements have been minimal and further efforts are needed to better improve pharmacoeconomic evaluations in the future.

Tato diplomová práce popisuje vznik a formování ekvity v systému anglického práva, její vzájemné postavení vůči common law, současné použití ekvity a některé její vývojové trendy. Teoretická část této práce je doplněna konkrétními precedenty.

The Master´s Thesis deals with the common property of spouses. The work aims to present a comprehensive overview of the legal regulation of common property of spouses and focus on changes in new Civil Code, which takes effect in January 2014. The second objective of this work is to apply theoretical findings on concrete examples of judgement. The work is divided into two basic parts; theoretical and practical. Theoretical part consists of historical development and current legal regulation of common property of spouses. Practical part contains several practical cases of judgement.