Submitted by Jorge Silva (jorgelmsilva@ufrrj.br) on 2017-09-29T18:38:54Z No. of bitstreams: 1 2016 - Maria L?cia Fernandes Barroso.pdf: 1460228 bytes, checksum: 14646f13cec0b2391227b0f29e044421 (MD5) / Made available in DSpace on 2017-09-29T18:38:54Z (GMT). No. of bitstreams: 1 2016 - Maria L?cia Fernandes Barroso.pdf: 1460228 bytes, checksum: 14646f13cec0b2391227b0f29e044421 (MD5) Previous issue date: 2016-09-26 / The research presented here was to investigate the views of the professionals of the Federal Institute of Education Science and Tecnology of Amap? (IFAP), Campus Macap? on the responsibility of the educational institution in combating violence suffered by adolescent students of the integrated secondary school. We sought to identify the knowledge that education teachers and technicians have about the legislation that advocates the rights of this segment to be raised and educated without violence of any kind, as well as to map the existence of cases of victimized students inside or outside the school environment as well as knowing what the view of the professionals in relation to this phenomenon. For this, we used a qualitative approach by carrying out documentary research. In the first phase were studied institutional documents, decrees among others, in addition to the Institutional Development Plan of IFAP, with a view to identifying how the institution materializes combating violence. Also part of the documentary data records three right care sectors to the student called educational core and pedagogical coordination of support to the student. Data collection instrument was a questionnaire with open and closed questions that reached the participation of forty-five teachers and nineteen educational technicians analyzed and categorized based on an analysis of documents. As theoretical work foundation held a brief historical review of the social construction of the concept of childhood and policies in this segment in Brazil in different historical periods to implement the statute of children and adolescents and definition of the Rights Guarantee System .The results revealed a significant quantity of thirty-two students who have suffered violence. According to the records of the former pedagogical coordination the institution has demonstrated the need for a specific policy that directs the IFAP for an expansion of preventive and interventional actions based on three main points: 1. Integrated responsibility and articulation by part of those responsible for teenagers an adolescents aducational process, 2. Continuing the proposal to be followed by professionals at IFAP; 3. Actions aimed at expansion of family participation in the education of adolescents. As a suggestion that there is synergy in these cases of identified violence it was proposed to start this work through an implementation of a flow comprising the participation and involveme of the whole school community in the social commitment in order to breaking cycles of violence involving adolescents students. / A pesquisa ora apresentada se prop?s a investigar as percep??es dos profissionais do Instituto Federal do Amap? (IFAP), Campus Macap? acerca da responsabilidade da institui??o de ensino no enfrentamento ? viol?ncia sofrida por alunos adolescentes do ensino m?dio integrado. Buscou-se identificar o conhecimento que docentes e t?cnicos educacionais possuem acerca da legisla??o que preconiza o direito desse segmento a ser criado e educado sem viol?ncia de qualquer natureza, realizar um mapeamento da exist?ncia de casos de alunos vitimizados dentro ou fora do ambiente escolar, bem como conhecer qual a vis?o dos profissionais em rela??o a esse fen?meno. Para isso, utilizou-se a abordagem qualitativa realizando-se pesquisa documental. Na primeira fase foram estudados documentos institucionais, decretos e portarias, al?m do Plano de Desenvolvimento Institucional do IFAP, com vistas a identificar como a institui??o materializa o enfrentamento da viol?ncia. Tamb?m fizeram parte dos dados documentais os registros de tr?s setores de atendimento direto ao aluno, quais sejam, coordena??o de turno, n?cleo pedag?gico e coordena??o de apoio ao estudante. Como instrumento de coleta de dados foi aplicado um question?rio com perguntas abertas e fechadas que alcan?ou a participa??o de quarenta e cinco docentes e dezenove t?cnicos educacionais, analisados e categorizados com base na an?lise documental. Como alicerce te?rico do trabalho realizou-se um breve resgate hist?rico da constru??o social do conceito de inf?ncia e das pol?ticas de atendimento a esse segmento no Brasil em diferentes per?odos hist?ricos at? a implementa??o do Estatuto da Crian?a e do Adolescente e defini??o do Sistema de Garantia de Direitos. Os resultados revelaram um quantitativo significativo de vinte e quatro alunos que sofreram viol?ncias, de acordo com os registros da antiga coordena??o pedag?gica, da coordena??o de turno e da coordena??o de apoio ao estudante, bem como a fragilidade nos registros de encaminhamentos adotados nestes casos pela equipe da institui??o, demonstrando a necessidade de uma pol?tica pr?pria que direcione o IFAP para uma amplia??o de a??es preventivas e interventivas, baseadas em tr?s pontos principais:1. Articula??o com a Rede de atendimento ? crian?a e ao adolescente de Macap??; 2. Forma??o continuada dos profissionais do IFAP; 3. A??es voltadas para amplia??o da participa??o da fam?lia na educa??o dos adolescentes. Como sugest?o para que haja sinergia nos encaminhamentos dos casos de viol?ncia identificados, ? proposto a partir desse trabalho, a implementa??o de um Fluxo de encaminhamento, que compreende a participa??o e envolvimento de toda comunidade escolar no compromisso social com o rompimento de ciclos de viol?ncia envolvendo os alunos adolescentes.

O estudo é dedicado à análise da eficácia do reconhecimento das convenções coletivas de trabalho e dos acordos coletivos de trabalho como garantia fundamental diante da outorga constitucional encerrada no inciso XXVI do art. 7º da Constituição Federal. A importância da abordagem construída está na ponderação do status representativo desse destaque na Lei Fundamental como aperfeiçoamento da tríade francesa da liberdade, igualdade e fraternidade (solidariedade), de modo a prevalecer nas relações individuais de trabalho a normatividade incorporada ao ordenamento jurídico por essas fontes de direito, decorrentes do exercício da autonomia privada do cidadão-trabalhador em assembleia participativa e direta. Para tanto, o trabalho percorre um itinerário em três movimentos. O primeiro, mediante abordagem histórica e resgate das motivações jurídicas de modelação da convenção coletiva de trabalho, em curso espaço de tempo igualmente designada por contrato coletivo de trabalho, e dos movimentos associativo-sindicais. No segundo, a inicial definição de premissas válidas relativas aos direitos fundamentais permissiva, por consequência, permissivas da catalogação constitucional do direito ao trabalho e das garantias constantes no art. 7º da Constituição Federal. O terceiro e último, com enfoque centrado na irradiação de eficácia e repercussão nas relações de trabalho dos convênios coletivos de trabalho nas relações individuais de trabalho em prevalência à lei. / This study intentd analyzing the effectiveness of the recognition of collective labor conventions and collective bargaining agreements as a fundamental guarantee before the Constitutional granting assured by Article 7, line XXVI of the Brazilian Federal Constitution. The importance of the built approach is in taking account the representative status about this emphasis in the Basic Law as an improvement of the French slogans: freedom, equality and brotherhood (solidarity), in order for prevail in the individual employment relationships the regulations incorporated into the legal system by these source of laws, resulting from the exercise of the citizen (workers) private autonomy in Shareholders. To do so, three approaches were employed: the first, by historical approach and surrenders the legal motives of the Collective Labor Convention deployment, in short period of time also referred to as collective employment contract, and the associative movement. In the second, the start definition of valid premises report on fundamental rights permissive, as a result, of the constitutional cataloguing of the right to work and the guarantees contained in the Article 7 of the Brazilian Federal Constitution. The third and final point focusing on irradiation of the efficiency and repercussion in the work relationships of the collective labor agreements in the individual employment relations prevails over the law.

In the restaurant industry, some patrons do not honor their reservations, especially on holidays. Grounded in postpositivism and system theories, the purpose of this comparative study was to examine the impact of implementing a credit card payment policy for fine dining restaurants reservations and no shows after implementation of a credit card guarantee policy at a high-end hotel located in the southeast United States. Data were collected from archival records provided by the hotel executives. According to the results of a Wilcoxon Signed Rank test, there was a statistically significant decrease in the number of no shows, p < .001, after the implementation of the credit card guarantee policy. In a paired sample t-test, there was a statistically significant decrease in the number of reservations, p < .001, after implementation of the credit card guarantee policy. The implications for positive social change include the potential to increase understanding of payment policies as they relate to the restaurant industry. Service industry managers can benefit from implementing payment policies that can vary from specific dates, seasons, and type of services. Customers will also benefit by being able to make reservations not originally possible due to demand. The current study adds to service industry knowledge, increasing the understanding of payment policies as they relate to restaurant industry. Conducting a similar study in other service industries in the future may lead to a better understanding of the nature of policies and customers' traits and behaviors.

<p>Lengthy waiting times have been a problem in Swedish health services for many years. In 1992, Sweden implemented a national maximum waiting-time guarantee (MWG) through an agreement between the Swedish Government and the Federation of Swedish County Councils. The “guarantee” assured patients that the waiting time between the decision-to-treat and the treatment itself would not exceed three months. The national MWG covered twelve different treatments/interventions and remained in force for five years. This dissertation describes the genesis of the MWG, its implementation, and its effects.</p><p>Four papers serve as a foundation for the dissertation. Paper I describes how the guarantee was implemented during the first two years. Paper II studies the impact that the MWG had on cataract surgery. Paper III uses the results of two questionnaire surveys of department heads to explain why the MWG, although successfully launched, became increasingly difficult to maintain. Paper IV analyses data from the national cataract register to determine how production and waiting times in cataract surgery were affected by termination of the MWG.</p><p>This dissertation confirms that waiting time for health care is a complex phenomenon resulting from multiple causes. “Guarantees” are of particular interest because they define what constitutes too long in reference to waiting times. Beyond that, they are only a framework for developing a plan of action. The positive effects of the MWG were transient and based on rationalisation, introduction of new technology, and stricter prioritisation. The MWG contributed towards empowering patients and slowing the expansion of treatment indications, but it was unsuccessful in levelling out the wide regional variations in surgical rates.</p>

Lengthy waiting times have been a problem in Swedish health services for many years. In 1992, Sweden implemented a national maximum waiting-time guarantee (MWG) through an agreement between the Swedish Government and the Federation of Swedish County Councils. The “guarantee” assured patients that the waiting time between the decision-to-treat and the treatment itself would not exceed three months. The national MWG covered twelve different treatments/interventions and remained in force for five years. This dissertation describes the genesis of the MWG, its implementation, and its effects. Four papers serve as a foundation for the dissertation. Paper I describes how the guarantee was implemented during the first two years. Paper II studies the impact that the MWG had on cataract surgery. Paper III uses the results of two questionnaire surveys of department heads to explain why the MWG, although successfully launched, became increasingly difficult to maintain. Paper IV analyses data from the national cataract register to determine how production and waiting times in cataract surgery were affected by termination of the MWG. This dissertation confirms that waiting time for health care is a complex phenomenon resulting from multiple causes. “Guarantees” are of particular interest because they define what constitutes too long in reference to waiting times. Beyond that, they are only a framework for developing a plan of action. The positive effects of the MWG were transient and based on rationalisation, introduction of new technology, and stricter prioritisation. The MWG contributed towards empowering patients and slowing the expansion of treatment indications, but it was unsuccessful in levelling out the wide regional variations in surgical rates.

In this dissertation, we study the interplay between a firm’s operations strategy, with regard to its capacity management, and its marketing decision of product differentiation. For this, we study a market comprising heterogeneous customers who differ in their preferences for time and price. Time sensitive customers are willing to pay a price premium for a shorter delivery time, while price sensitive customers are willing to accept a longer delivery time in return for a lower price. Firms exploit this heterogeneity in customers’ preferences, and offer a menu of products/services that differ only in their guaranteed delivery times and prices. From demand perspective, when customers are allowed to self-select according to their preferences, different products act as substitutes, affecting each other’s demand. Customized product for each segment, on the other hand, results in independent demand for each product. On the supply side, a firm may either share the same processing capacity to serve the two market segments, or may dicate capacity for each segment. Our objective is to understand the interaction between product substitution and the firm’s operations strategy (dedicated versus shared capacity), and how they shape the optimal product differentiation strategy. To address the above issue, we first study this problem for a single monopolist firm, which offers two versions of the same basic product: (i) regular product at a lower price but with a longer delivery time, and (ii) express product at a higher price but with a shorter delivery time. Demand for each product arrives according to a Poisson process with a rate that depends both on its price and delivery time. In addition, if the products are substitutable, each product’s demand is also influenced by the price and delivery time of the other product. Demands within each category are served on a first-come-first-serve basis. However, customers for express product are always given priority over the other category when they are served using shared resources. There is a standard delivery time for the regular product, and the firm’s objective is to appropriately price the two products and select the express delivery time so as to maximize its profit rate. The firm simultaneously needs to decide its installed processing capacity so as to meet its promised delivery times with a high degree of reliability. While the problem in a dedicated capacity setting is solved analytically, the same becomes very challenging in a shared capacity setting, especially in the absence of an analytical characterization of the delivery time distribution of regular customers in a priority queue. We develop a solution algorithm, using matrix geometric method in a cutting plane framework, to solve the problem numerically in a shared capacity setting. Our study shows that in a highly capacitated system, if the firm decides to move from a dedicated to a shared capacity setting, it will need to offer more differentiated products, whether the products are substitutable or not. In contrast, when customers are allowed to self-select, such that independent products become substitutable, a more homogeneous pricing scheme results. However, the effect of substitution on optimal delivery time differentiation depends on the firm’s capacity strategy and cost, as well as market characteristics. The optimal response to any change in capacity cost also depends on the firm’s operations strategy. In a dedicated capacity scenario, the optimal response to an increase in capacity cost is always to offer more homogeneous prices and delivery times. In a shared capacity setting, it is again optimal to quote more homogeneous delivery times, but increase or decrease the price differentiation depending on whether the status-quo capacity cost is high or low, respectively. We demonstrate that the above results are corroborated by real-life practices, and provide a number of managerial implications in terms of dealing with issues like volatile fuel prices. We further extend our study to a competitive setting with two firms, each of which may either share its processing capacities for the two products, or may dedicate capacity for each product. The demand faced by each firm for a given product now also depends on the price and delivery time quoted for the same product by the other firm. We observe that the qualitative results of a monopolistic setting also extend to a competitive setting. Specifically, in a highly capacitated system, the equilibrium prices and delivery times are such that they result in more differentiated products when both the firms use shared capacities as compared to the scenario when both the firms use dedicated capacities. When the competing firms are asymmetric, they exploit their distinctive characteristics to differentiate their products. Further, the effects of these asymmetries also depend on the capacity strategy used by the competing firms. Our numerical results suggest that the firm with expensive capacity always offers more homogeneous delivery times. However, its decision on how to differentiate its prices depends on the capacity setting of the two firms as well as the actual level of their capacity costs. On the other hand, the firm with a larger market base always offers more differentiated prices as well as delivery times, irrespective of the capacity setting of the competing firms.

In this dissertation, we study the interplay between a firm’s operations strategy, with regard to its capacity management, and its marketing decision of product differentiation. For this, we study a market comprising heterogeneous customers who differ in their preferences for time and price. Time sensitive customers are willing to pay a price premium for a shorter delivery time, while price sensitive customers are willing to accept a longer delivery time in return for a lower price. Firms exploit this heterogeneity in customers’ preferences, and offer a menu of products/services that differ only in their guaranteed delivery times and prices. From demand perspective, when customers are allowed to self-select according to their preferences, different products act as substitutes, affecting each other’s demand. Customized product for each segment, on the other hand, results in independent demand for each product. On the supply side, a firm may either share the same processing capacity to serve the two market segments, or may dicate capacity for each segment. Our objective is to understand the interaction between product substitution and the firm’s operations strategy (dedicated versus shared capacity), and how they shape the optimal product differentiation strategy. To address the above issue, we first study this problem for a single monopolist firm, which offers two versions of the same basic product: (i) regular product at a lower price but with a longer delivery time, and (ii) express product at a higher price but with a shorter delivery time. Demand for each product arrives according to a Poisson process with a rate that depends both on its price and delivery time. In addition, if the products are substitutable, each product’s demand is also influenced by the price and delivery time of the other product. Demands within each category are served on a first-come-first-serve basis. However, customers for express product are always given priority over the other category when they are served using shared resources. There is a standard delivery time for the regular product, and the firm’s objective is to appropriately price the two products and select the express delivery time so as to maximize its profit rate. The firm simultaneously needs to decide its installed processing capacity so as to meet its promised delivery times with a high degree of reliability. While the problem in a dedicated capacity setting is solved analytically, the same becomes very challenging in a shared capacity setting, especially in the absence of an analytical characterization of the delivery time distribution of regular customers in a priority queue. We develop a solution algorithm, using matrix geometric method in a cutting plane framework, to solve the problem numerically in a shared capacity setting. Our study shows that in a highly capacitated system, if the firm decides to move from a dedicated to a shared capacity setting, it will need to offer more differentiated products, whether the products are substitutable or not. In contrast, when customers are allowed to self-select, such that independent products become substitutable, a more homogeneous pricing scheme results. However, the effect of substitution on optimal delivery time differentiation depends on the firm’s capacity strategy and cost, as well as market characteristics. The optimal response to any change in capacity cost also depends on the firm’s operations strategy. In a dedicated capacity scenario, the optimal response to an increase in capacity cost is always to offer more homogeneous prices and delivery times. In a shared capacity setting, it is again optimal to quote more homogeneous delivery times, but increase or decrease the price differentiation depending on whether the status-quo capacity cost is high or low, respectively. We demonstrate that the above results are corroborated by real-life practices, and provide a number of managerial implications in terms of dealing with issues like volatile fuel prices. We further extend our study to a competitive setting with two firms, each of which may either share its processing capacities for the two products, or may dedicate capacity for each product. The demand faced by each firm for a given product now also depends on the price and delivery time quoted for the same product by the other firm. We observe that the qualitative results of a monopolistic setting also extend to a competitive setting. Specifically, in a highly capacitated system, the equilibrium prices and delivery times are such that they result in more differentiated products when both the firms use shared capacities as compared to the scenario when both the firms use dedicated capacities. When the competing firms are asymmetric, they exploit their distinctive characteristics to differentiate their products. Further, the effects of these asymmetries also depend on the capacity strategy used by the competing firms. Our numerical results suggest that the firm with expensive capacity always offers more homogeneous delivery times. However, its decision on how to differentiate its prices depends on the capacity setting of the two firms as well as the actual level of their capacity costs. On the other hand, the firm with a larger market base always offers more differentiated prices as well as delivery times, irrespective of the capacity setting of the competing firms.

This essay is questioning if the state as an unsecured creditor in a bankruptcy proceeding, according to the principle of equal treatment, has the same rights as the other unsecured creditors. The principle of equal treatment means that creditors with unsecured claims are supposed to have mutually equal rights to dividends in a bankruptcy. In the Swedish bankruptcy law from 1987 there are recycling rules which means that some legal actions taken by the bankrupt debtor before the bankruptcy can be recycled to the bankruptcy estate. These rules do not apply on taxes. This essay analyzes whether the state should have this advantage or not. Another issue that’s discussed in this essay is whether or not the opinion of the Court of Appeal that a right of recourse on a claim for a paid Governmental wage guarantee exists before a bankruptcy should be established by the Supreme Court. This essay also analyzes if the rule which statutes that a company representative can become personally liable for the company tax debts should be abolished or not, since this rule means that the taxes on a larger scale than other claims are paid before the bankruptcy.

Die jüngste Einrichtung der Weltbankgruppe befasst sich - in Ergänzung zum Internationalen Zentrum für die Beilegung von Investitionsstreitigkeiten (ICSID) - mit dem Schutz grenzüberschreitender (Direkt-)Investitionen durch Garantien gegen Auslandsrisiken. Dabei wirkt sie nicht nur als Abrundung des Schutzes durch bilaterale Investitionsschutzverträge und nationale Investitionsversicherungen, sondern kann auch als Katalysator für eine bessere Kooperation im Nord-Süd-Verhältnis bedeutsam werden.

Project finance is a financing arrangement for projects, and it is characterised by the creation of a legally independent project company financed with non- or limited recourse loans. It is observed that the popularity of project finance is increasing in the recent decades, despite of the impact of Asian financial crisis. Especially in emerging markets, project finance is very common among the public-private partnership projects. It is possible that project finance yields some benefits in project management that other forms of funding are not able to provide. This research aims to explore the impacts of project finance on the risk management of projects, as well as the mechanisms of the effects of various factors on project risk management. The research starts with a quantitative analysis which consists of project data from 32 projects in recent years. The regression analysis on these quantitative data reveals that factors such as the separation of legal entity and existence of third-party guarantees can effectively reduce the borrowing rates of the projects. The borrowing rates, expressed in terms of credit spreads over LIBOR, are regarded as a proxy for the overall risk level of the projects. The qualitative section which involves five structured interviews further explores the relationships of the attributes of project finance on project risk management. The interviewees largely agrees on the effects of the separation of legal entity, non- or limited recourse loans, and the existence of third-party guarantees in managing political and country risks, business risks, and principal-agency risks. The involvement of a larger number of stakeholders in the projects enable the project to enhance its risk management ability by gaining external expertise and knowledge, influences on government policies, and more importantly, closer supervisions on project activities. Apart from revealing the important features of project finance, and the potential benefits it may yield on project risk management, the effectiveness of these features are also discussed. The study also examines the relationships between these features and the common risk factors which may affect all projects. Some recommendations to enhance the benefits of project finance and reduce the associated transaction costs are made based on this study.