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No. of bitstreams: 2 Dissertação - Junior Divino Fidelis - 2014.pdf: 729018 bytes, checksum: 72a3f8e85a2934f1207f984dbc6df416 (MD5) license_rdf: 23148 bytes, checksum: 9da0b6dfac957114c6a7714714b86306 (MD5) Previous issue date: 2014-11-24 / Cares for the present research work on fair compensation in land expropriation and how they form the overpriced severance. The Federal Constitution of 1988 provides that the property shall comply with a social function and sanctioned with the expropriation, upon payment of prior and fair compensation for land reform purposes, homeowners who do not observe. The regulation conferred by Law No. 8.629 / 1993 provides that fair compensation must match the value of the property market. However, reality has shown that this idea of just compensation is marred by legal process of expropriation and often their final pays for a value much higher than the market, allowing for the overpriced severance. Using the approach as a method of dogmatic criticism, the study sought to identify the causes and how to form these overpriced severance be, and if this model established is constitutional or not. After discussing how society understands the land and what values attributed to him, stating that it is appropriate as well as production and capitalist accumulation, turned into a commodity, which is possible only because the owner individualism that shapes the right of ownership as an individual right subjective to use and enjoy the benefit of appropriate absolute and exclusive mode, which is a Brazilian agrarian question and a debate on agrarian reform as a measure of social justice without consensus emerging in rural areas, came to the conclusion that overpriced severance are formed in the course of judicial expropriation action, notably because of the classical liberal conception one has of right to property which leads to the imposition of accessory to the principal amount of the indemnity convictions as compensatory interest, arrears, payment of floristic coverage, inflation effects and attorney’s fees to the end of the process raise the compensation at a much higher market value threshold. The work is an analysis of the cum ended indemnity model adopted, that of just compensation, as regulated by market value, but which allows the formation of overpriced severance, arguing it is unconstitutional to deny effect to the principle of social function, the postulate of expropriation as a sanction for noncompliance and the principles of fair compensation and reasonableness. / Cuida o presente trabalho de investigação sobre a justa indenização na desapropriação agrária e de como se formam as superindenizações. A Constituição Federal de 1988 prevê que a propriedade deverá cumprir com uma função social e sanciona com desapropriação para fins de reforma agrária, mediante o agamento de prévia e justa indenização, os imóveis que não a observar. A regulamentação conferida pela Lei nº 8.629/1993 prevê que essa justa indenizações deve corresponder ao valor de mercado do imóvel. Contudo, a realidade tem demonstrado que essa ideia de justa indenização é desfigurada pelo processo judicial de desapropriação e comumente, ao seu final, paga-se a um valor muito superior ao de mercado, ensejando as superindenizações. Utilizando como método de abordagem a dogmática crítica, o trabalho buscou identificar as causas e como ser formam essas superindenizações e se esse modelo indenizatório estabelecido é constitucional ou não. Após discutir como a sociedade compreende a terra e quais valores lhe atribui, constando que ela é apropriada como bem de produção e acumulação capitalista, transformada em mercadoria, o que só é possível em razão do individualismo proprietário que conforma o direito de propriedade como direito individual subjetivo de usar e gozar do bem apropriado de modo absoluto e exclusivo, o que faz surgir no meio rural uma questão agrária brasileira e um debate por reforma agrária como medida de justiça social ainda sem consenso, chegou-se à conclusão de serem as superindenizações formadas no decorrer da ação judicial de desapropriação, notadamente em razão da concepção liberal clássica que se tem do direito de propriedade o que leva à imposição de condenações acessórias ao valor principal da indenização, como juros compensatórios, moratórios, pagamento de cobertura florística, expurgos inflacionários e honorários advocatícios que ao final do processo elevam a indenização a um patamar muito superior ao valor de mercado. O trabalho é encerrado com uma análise desse modelo indenizatório adotado, o da justa indenização, compreendida como valor de mercado, mas que permite a formação de superindenizações. Conclui pela sua inconstitucionalidade em razão negar efetividade ao princípio da função social, ao postulado da desapropriação como sanção pelo seu descumprimento e aos princípios da justa indenização e da razoabilidade.

Nossa tese pretende analisar a história do conceito de Honor imperii no reinado de Friedrich I Barbarossa. Para tanto, estudamos as formas de legitimidade real entre os séculos X e XII buscando entender os pesos relativos dos elementos militares e sacros; as especificidades de Friedrich Barbarossa e as transformações estruturais por ele patrocinadas no regnum Teutonicorum. Depois realizamos o estudo quantitativo e o estudo crítico do Honor imperii na documentação produzida pela chancelaria imperial (diplomas e constituições) e na Gesta Friderici de Otto de Freising e Rahewin, principal fonte para o reinado de Friedrich. Também estudamos os significados do termo honra no contexto cultural germânico do século XII. O Honor imperii está ligado à projeção de poder do monarca devido a uma estrutura jurídica (os direitos Romano e Feudal) que o liga ao exercício militar através da doutrina da Guerra Justa e à punição pela quebra das Landfrieden. / Our thesis intends to analyze the history of the Honor imperii concept in Frederick I Barbarossas reign. For this we had to study the ways political legitimacy was obtained between the Tenth and Twelfth centuries seeking to understand the relative weights of military and sacred elements, Frederick Barbarossas singularities and the structural transformations sponsored by him in the regnum Teutonicorum After that we stablished a critical analysis of the Honor imperii in the documentation produced by the imperial Chancellery (charters and constitutions) and in Otto of Freising & Rahewins Gesta Friderici, the most important narrative source for Fredericks reign. We also studied the meanings of honor in the german cultural context of the Twelfth century. The Honor imperii was bound to the monarchs power projection by a proper legal structure (Roman and Feudal Laws) connecting it to the military exercise through the Just War Doctrine and the punishment of breaking the Landfrieden.

The operational advantages of a pull system are very well documented. These advantages include not only operational efficiency and quality, but also the enhancement of the customer oriented of the organization. The objective of this field study is to examine the applicability and potential advantages of a pull operational system in a mid-size manufacturing organization. Philosophies, tools, and concepts of Just-in-Time, Theory of Constraints, Business Process Re-engineering, and Root Cause Analysis are used to analyze the existing operational system, to identify its weaknesses, and finally to re-engineer it to be more consistent with a pull operational system. The results of this field study appear to be consistent with reported findings in the literature. The results point to both operational gains and customer related benefits which can be attributed to the pull operational system philosophy. Conclusions and recommendations are presented and discussed in light of their practical and theoretical implications.

Le droit international humanitaire fait partie de ses rares branches du droit international qui bénéficient d’une très large adhésion de la part de la Communauté Internationale et de la société civile. Les juridictions internationales, Cour Internationale de Justice et Tribunal Pénal International, ainsi que la doctrine se sont accordés pour voir dans les règles du droit des conflits armés des normes dotées d’une valeur supérieure aux normes ordinaires. Elles ont ainsi été qualifiées d’obligations erga omnes, de principes intransgressibles du droit international et enfin de jus cogens ou normes impératives. Il ne saurait y avoir de plus grande reconnaissance juridique au sein de l’ordre public international à ce jour. En sus, le droit international humanitaire apparaît comme un des éléments fondamentaux d’une morale internationale dans un monde globalisé. Aux côtés des États et du CICR, la société civile s’est emparée de la question de son respect et même de son développement et nombre d’organisations internationales travaillent en ce sens. On ne pourrait ainsi envisager une situation plus propice à son respect que cette unanime consécration juridique et sociale. Pourtant le droit international humanitaire est violé à chaque seconde qui passe. L’objet de cette thèse est de tenter de réfléchir aux facteurs qui expliquent la récurrence de ces violations, qu’ils soient juridiques, anthropologiques ou sociologiques / International humanitarian law is one of the rare domains of international law which receive almost the entire support of the International Community and the Civil Society. Moreover, almost all of the rules that form international humanitarian law are part of international customary law which is compulsory for all, except for persistent objector. International jurisdictions, International Court of Justice and International Criminal Court, as well as doctrine agree that the rules of the law of armed conflict should be considered of superior value compared to ordinary norms. They have been qualified as obligations erga omnes, intransgressible principles of international law and even as jus cogens or imperative law. One cannot think of a better legal acknowledgment. Furthermore, international humanitarian law, at least its essential principles, appears to be one of the fundamental elements of an international moral in a globalized world. With the States and the ICRC, civil society has seized the question of its respect and even its development and many NGO work for it. We couldn’t contemplate a more favorable situation to ensure its respect that this unanimous legal and social recognition. However, the international humanitarian law is infringed every passing second. The aim of this thesis is to try to study the factors which explain the recurrence of infringements, be them legal, anthropological or sociological

Le thème de la sécurité invite généralement à aborder les pratiques de travail dans les industries à risques à partir des règles. Cette thèse décale le questionnement vers l’analyse d’une activité non explicitée dans une organisation formelle : l’entretien des installations. Un collectif diffus se forme sur cette base ; il unit plusieurs collectifs situés, définis à partir de l’organisation sans s’y restreindre. L’entretien consiste à rattraper un fonctionnement productif qui échappe continuellement à toute emprise, en raison de la dégradation matérielle des installations et des contraintes de flux tendu. Dans une ambiance d’urgence, les travailleurs essayent d’éviter les accidents et l’arrêt de la production, intriqués et toujours latents. Ils régulent leurs coopérations en essayant d’avoir prise à la fois sur les machines, sur leurs trajectoires professionnelles et, par là, sur la composition des collectifs. Parallèlement, les procédures de sécurité relèvent d’un dispositif bureaucratique plus large, à la fois insaisissable et omniprésent. Au nom de la « sécurité », ce dernier est censé concilier une production en flux tendu avec la prévention des accidents par un contrôle de la main-d’œuvre. Il intervient en pratique comme repère mais surtout en tant que menace : incapables de mesurer les écarts entre la réalité et la prescription, les travailleurs redoutent d’être mis en cause en cas d’accident. Les démarches de participation censées améliorer ce dispositif ne permettent pas de faire valoir le caractère incontrôlable des machines. Les membres du collectif diffus évitent alors de participer pour minimiser l’emprise hiérarchique sur l’ordre social construit en interne. / The theme of security generally invites to consider work practices in hazard industries from the point of view of rules. This thesis shifts the questioning towards the analysis of a non-explicit activity in a formal organization: the maintenance of facilities. A diffuse collective is formed on this basis; it units several sited collectives, defined from the organization without being restricted to it. The maintenance consist in catching up an efficient operation that constantly escapes beyond any control, due to material deterioration of facilities and to just-in-time constraints. In an urgency atmosphere, the workers try to avoid accidents and production arrests, intricately linked and always latent. They regulate their cooperation by trying to gain control on machines and on their own career paths, and thus on the composition of collectives. In parallel, security procedures relate to a larger bureaucratic apparatus, which is both elusive and omnipresent. On behalf of « security », this latest is supposed to conciliate just-in-time production with accident prevention through a control of workforces. It intervenes in practice as a benchmark but mainly as a threat: workers, unable to measure the deviations from reality to requirements, fear to be charged in case of accident. Participative actions supposed to improve this apparatus do not allow emphasizing the uncontrollable nature of machines. The members of the diffuse collective thus avoid participating in order to minimize the hierarchical hold on the in-house-built social order.

An organizational culture of safety affects employees' attitudes, beliefs, perceptions, and values related to safe practice as well as their behaviors and level of engagement. The purpose of this project was to determine the influence of introducing the just culture model through staff engagement in an interactive workshop. A convenience sample of acute care staff were recruited for this 1-sample pretest and posttest project design. The Agency for Healthcare Research and Quality Hospital Survey on Patient Safety Culture instrument was used to measure safety culture perceptions on 7 dimensions pre and post intervention. For the theoretical framework, Ajzen's theory of planned behavior and Kantar's empowerment theory were used. Welch's t test results showed significant improvement in perception scores overall (t = 2.7, p < 0.01), with posttest mean scores ('= 3.7) higher than pretest mean scores ('= 3.5). The dimension-specific mean posttest scores were significantly higher on 3 of the 7 dimensions including teamwork (t = 2.99, p < 0.05), feedback and communication (t = 2.14, p < 0.05), and frequency of event reporting (t = 2.31, p < 0.05). Major implications for social change include reduction of preventable errors and iatrogenic events; creating a healthcare environment that is safe, fair, transparent, and reliable; creating organizational learning through evidence-based patient safety training; and promoting the use of perception surveys to measure and improve the culture in one's organization. The project may provide a road map for just culture implementation. Future qualitative and quantitative research should explore effects of a just culture on safety reporting patterns and specific events such reducing medication errors or risk-taking behaviors.

Introduction Overtime the execution and control of business activities to meet and even exceed customer satisfac-tion has become an absolute top priority. This is because with an increase in the demand for diverse products and services of quality in unprecedented numbers, there is an automatic injection of complexi-ty into the activities and processes which companies undertake in order to fulfill customer satisfaction. This complexity which could be logistical in nature is usually centered on the provision of quality prod-ucts and services on a timely basis for customer satisfaction. In order to keep this complexity aspect in check while fulfilling customer satisfaction, there is the need to manage the different facets of complex-ity that relate to quality and agility. Purpose The purpose of this study is to understand the managerial actions on the logistical challenges of quality and agility in a Newspaper Distribution Company. Method In order to fulfill the purpose, the authors undertook a qualitative-single case study following an induc-tive approach. Interviews were conducted with two managers and these were basically face-to-face in-terviews though we also conducted some of the interviews by phone. Findings Managing complexity challenges of quality and agility requires the utilization of Total Quality Manage-ment (TQM), Just-in-Time (JIT) and Information flow (IF). Through the utilization of TQM, quality standards are enhanced through continuous improvement and the pursuit of excellence in the activities of the company. JIT as a philosophy helps in the elimination of waste and in the speeding up of processes within a company’s supply chain that result to the timely delivery of goods and services to customers in order to enhance customer satisfaction. Also, Information flow through the aid of diverse technologies such as mobile phones, radio phones, the internet, the World Wide Web, Customer Rela-tionship Management systems, Structured Query Language relational database but also word of mouth transmission have helped in the facilitation of decision making in the company relating to the delivery of quality products and services in an agile or responsive manner for customer satisfaction. Practical and Theoretical Implication The attainment of the requisites of agility while maintaining delivery quality may not be sufficient to enhance customer satisfaction. The information in the model provides management with a pathway to follow in solving logistical challenges towards enhancing customer satisfaction. The study offers theory development opportunities. Originality A model of logistical complexity management was designed for the attainment of customer satisfaction.

For many retailers, manufacturers, and wholesalers, inventory is their single largest investments of corporate assets. Problems such as stock-outs and bullwhip effect due to sales fluctuation and poor visibility are normal for manufactures. Unnecessary activities, in the purchasing process internally and externally, such as double order handling, cost both money and time. It is widely known that firms no longer can compete effectively in isolation of their suppliers and other entities. The future success of many businesses depends on co-operation and the co-ordination of efforts; making Supply Chain Management important. JIT and VMI are two of the philosophies that have been used to update supply chain relationships and management. By recognising your own supply weaknesses, the need for a supply strategy and a purchasing portfolio which classify suppliers emerges. There is an interest in examining what possible benefits and drawbacks, JIT and VMI collaboration can bring and how they differ from each other. In order to have a successful collaboration and implementation, it is important to know what basis to choose suppliers on and understand what needs to be in place, internally and externally, before starting either a JIT or VMI relationship with different suppliers. An inductive method was used in order to transform the literature review into a case study research. Explanatory and exploratory strategy was combined as well as qualitative and quantitative data collection such as oral interviews and written questionnaires. The case study was carried out at an accessory purchasing department at a large production company referred to as the “Focal company” in this thesis. Also, participating in the study were selected suppliers of the Focal company. The literature review and the case study data was analysed which led to the results that: • JIT and VMI can shorten lead time, improve quality and relationships if used properly, otherwise it can lead to increased inventory levels. • Key factors for enabeling JIT and VMI are common goals, management commitment, accurate information and suitable software systems. • Suitable suppliers for JIT and VMI are companies that have equal dependency and/or have interdependency and are willing and able to contribute to the competitive advantage of the buying firm. • Supplier selection criteria are price, quality, delivery, flexibility, reliability organizational culture, structure and strategy. • Implementation of JIT is not an option today at the Focal company. • With a few IT-system updates, a little bit of education and training the Focal company and most of the suppliers in this study are ready for VMI. • Because of the good balance of power and dependence in the relationships between the Focal company and their suppliers there is a good chance of a successful outcome. • The Focal company’s rating criteria are well correlating with the literatures findings, which further support that they are ready to select suppliers for integrated relationships.

This thesis presents an adaptive tuning system that can be described as a dynamic Just Intonation tuning system, being compatible with equally tempered instruments. The tuning system is called Hermode Tuning (HMT) and the tuning used as comparison for evaluation is the standardized western tuning, the equal tempered tuning. This study investigates preferences for these two musical tuning systems, depending on whether the tunings are presented on a piano or with woodwind instruments. A listening test was done with students at the Falun Conservatory of Music, including both a vertical listening (intervalls) and a horizontal listening (cadenses and musical compositions) of Hermode tuned musical material. Overall the results showed no significant preferences for either tuning system irrespectively of what instrument it was presented with. The clearest results was that of a misjudged just intonated perfect third on the piano and a preference for an adaptively tuned piano presented in a simple harmonic structure, with a parameter setting of HMT 70%. Materials for comparison was partly taken from Hermode´s own website, but overall the attitude towards these sequenses (using a likert scale of one to five) showed a low expected value. This shows the complexity of the topic and no general conclusions regarding the choice of intonation or tuning system could be done for the presented material.

Did the terrorist attacks of September 11th change the way the United States ought to contain, confront, or neutralize threats abroad? Or, can the US use the same set of tools and responses in crafting a response to terrorist threats, present and future? These are the questions that underlie the debates, discussions, critiques, and conclusions throughout this work on the US war on terror. After Al Qaeda attacked the US on September 11th 2001, the US launched its war on terror. This global war builds upon the premises of the just war tradition while using the policies of the American neoconservative movement. In essence, the neoconservative movement takes a piecemeal approach to just war theory in order to meet its various goals. This is embodied by politicians from both the left and right that represent this movement, particularly those that run the current American administration. The reason is that the neo-conservative agenda has become a pervasive part of American foreign policy and any discussion of the US execution of the war on terror must necessarily include a discussion of neoconservative practices within its literature review. The question posed with regard to the war on terror as it is currently executed is whether it is just against measures of just war theory and other normative measures. The measurement of the successes and failures of the war on terror is grounded in the overarching framework of just war theory because it represents the prevailing norms and the international community understandings with regard to the conduct of war and armed conflict. The thesis of this work believes that the US, despite its policy of preemption, has been successful in working within just war theory on the short term (tactical) level. However, in the long term (strategic) sense, where the goal is to ferret out the root causes of terrorism, the US has failed in the four years since September 11th.