O presente estudo visa a identificar os limites da discricionariedade administrativa e seu respectivo controle na atuação da Administração ao estabelecer requisitos de habilitação para a participação de licitantes em licitações públicas, sob o regime da Lei n. 8.666/93. No desenvolvimento do estudo fixam-se esses limites para, no fim, identificar mecanismos de controle da discricionariedade. / The study aims to identify the limits of administrative discretion and its control in the administration's performance to establish qualification requirements to bidders in public bidding, under the rule of Statute Law 8.666/93. In the development of the study it's set up these boundaries in order to identify, in the end, the discretion's controlling mechanisms.

Made available in DSpace on 2014-10-09T12:43:16Z (GMT). No. of bitstreams: 0 / Made available in DSpace on 2014-10-09T13:56:47Z (GMT). No. of bitstreams: 1 06482.pdf: 3797240 bytes, checksum: 7b50be56353dab12e0bedb2f4d9c3488 (MD5) / Dissertacao (Mestrado) / IPEN/D / Instituto de Pesquisas Energeticas e Nucleares - IPEN/CNEN-SP

Magister Artium - MA

The present thesis is devoted to the construction of a probability measure which counts the pairs of closed commuting subgroups in infinite groups. This measure turns out to be an extension of what was known in the finite case as subgroup commutativity degree and opens a new approach of study for the class of near abelian groups, recently introduced in [24, 27]. The extremal case of probability one characterises the topologically quasihamiltonian groups, studied originally by K. Iwasawa [30, 31] in the abstract case and then by F. K¨ummich [35, 36, 37], C. Scheiderer [45, 46], P. Diaconis [11] and S. Strunkov [48] in the topological case. Our probability measure turns out to be a useful tool in describing the distance of a profinite group from being topologically quasihamiltonian. We have been inspired by an idea of H. Heyer in the present context of investigation and in fact we generalise some of his techniques, in order to construct a probability measure on the space of closed subgroups of a profinite group. This has been possible because the space of closed subgroups of a profinite group may be approximated by finite spaces and the consequence is that our probability measure may be approximated by finite probability measures. While we have a satisfactory description for profinite groups and compact groups, the case of locally compact groups remains open in its generality.

The term and legal consequences of exceeding the limits of extreme necessity and necessary defence Abstract This thesis deals with the concept and legal consequences of exceeding the limits of extreme necessity and necessary defence, i.e. two conditions precluding the illegality of an act, which can be found in Chapter III of the current Criminal Code. Those conditions preclude the illegality of an act that would normally be illegal, because an act under those conditions is generally desirable in order to defend the interests protected by the Criminal Code. With the absence of illegality, acts under one of the conditions precluding illegality do not at all result in the commission of a criminal offence, which in case of extreme necessity and necessary defence, allow people to defend themselves at times when the state does not provide them protection against a certain danger or attack. However, if the statutory limits of these conditions precluding illegality are exceeded, the illegality will not be eliminated and a criminal offence will be committed. The main purpose of this thesis is to analyse the Czech legislation related to extreme necessity and necessary defence in terms of its limits. In particular, it aims to reveal the shortcomings of the legislation and offer solutions. The goals and structure of...

The waves of democratisation in Africa gave hope to the continent. Democracy was becoming a reality and legal instruments were being put in place at the domestic level through constitutional clauses which were imposed to strengthen a democratic culture. However, regional trends in Africa proved that even constitutional clauses were not enough to regulate democracy. Presidents from African countries were still as autocratic as they previously were. Linked to its history and poor governance, political dynasty was entrenched in the political system in many African countries. Currently, many African countries still experience one-party rule in the form of political dynasty. Mauritius, though considered as a model of democracy, is a good example to show how political dynasty has undermined its democratic values. A way of consolidating its democracy can be to impose term limits on the Prime Minister's mandates, which are currently unlimited. This study analyses the effectiveness of imposing term limits in the Mauritian political system to control political dynasties to some extent. It however acknowledges that term limits alone cannot be an effective solution. It therefore proposes other recommendations such as having a youth quota, involving the civil society organisations and reviewing electoral procedures, which can help to consolidate democracy in Mauritius. / Mini Dissertation (MPhil (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. / European Union / Government of Flanders / Centre for Human Rights / MPhil (Human Rights and Democratisation in Africa) / Unrestricted

The roles of phylogeny and body size in avian heat stress physiology, and how they interact to set the upper limits to heat dissipation capacity, are largely unexplored. Determining thermal end points and maximum capacity for evaporative heat dissipation in species from diverse ecological guilds and evolutionary clades is vital for understanding species-specific vulnerability to future climatic scenarios. I measured evaporative water loss (EWL), resting metabolic rate (RMR) and body temperature (Tb) in three arid-zone passerines and three columbids of varying mass, namely the scaly-feathered weaver (Sporopipes squamifrons, ~11 g, SFW), sociable weaver (Philetairus socius, ~26 g, SW), white-browed sparrow weaver (Plocepasser mahali, ~40 g, WBW), Namaqua dove (Oena capensis, ~37 g, ND), laughing dove (Spilopelia senegalensis, ~89 g, LD) and Cape turtle dove (Streptopelia capicola, ~148 g, CTD) at maximum air temperatures (Ta) of 48–60°C. I found that evaporative water loss increased approximately linearly in all six species above a Ta of ~ 40 °C, which resulted in SFW, SW, WBW, ND, LD and CTD dissipating a maximum of 140, 220, 190, 498, 218 and 231 % of metabolic heat loads at the highest Tas respectively. All six species used facultative hyperthermia at high Tas and were able to regulate Tb up to and just beyond Tb = 45 °C. At the highest Tas experienced, passerines exhibited uncontrolled increases in Tb above 45 °C, resulting in 57, 100 and 100 % of SFW, SW and WBW respectively, reaching thermal limits at Ta = 48, 52 and 54 °C. Very few doves exhibited uncontrolled hyperthermia or reached thermal limits at their highest respective test Tas (Ta = 56, 68 and 60 °C in CTD, LD and ND respectively), suggesting that these birds could potentially survive higher Tas, and that lethal Tb was marginally higher than my conservative estimations. A conventional analysis found significant differences between doves and passerines in the slopes of EWL as well as the magnitude of the change in RMR, EWL and Tb between Ta = 35 and 48 °C. However, once phylogeny was controlled for, these differences were shown to be a result of phylogenetic inertia. Both a conventional analysis and a phylogenetic independent contrast (PIC) found a significant effect of body mass on slope of EWL, change in EWL (PIC only) and change in Tb between Ta = 35 and 48 °C. From the results of this study, I argue that by utilizing high ratios of cutaneous EWL to respiratory EWL, doves generate much less metabolic heat at high Tas than passerines. I suggest that larger passerines are better able to tolerate heat than smaller passerines, whereas the opposite is the case in doves. The lack of data from small doves obscured this finding in the conventional and PIC analyses. Further studies on the upper limits to the avian capacity for evaporative cooling and heat tolerance are critical for larger-scale mechanistic modeling of vulnerability to extreme heat events under current and future climate scenarios. / Dissertation (MSc)--University of Pretoria, 2014. / DST/NRF Centre of Excellence at the Percy FitzPatrick Institute (University of Cape Town) / University of New Mexico / Zoology and Entomology / MSc / Unrestricted

This dissertation assesses the effects of tax and expenditure limitations (TELs) on principal items of revenue, largest components of expenditure and the levels of public debt of local governments serving urban cores and suburban fringes of the largest metropolitan areas in the US. The first part of the dissertation consists of 4 chapters. Chapter 1 examines the formal aspects of TELs; Chapter 2 explores historical evolution of fiscal limits between 1800 and 2009; Chapter 3 examines substantive nature of TELs; and Chapter 4 reviews the extant research on TELs. The past research suggests that TELs are associated with increased centralization, diminished government responsiveness, and suboptimal outcomes of the entire local public sector. The second part of the dissertation, Chapters 5-6, presents the empirical study of the asymmetrical fiscal effects of TELs on different geographic segments of metropolitan areas. The study employs the quasi-experimental multiple comparison group time series research design and measures fiscal outcomes associated with the imposition of TELs. It relies on a standard fixed effects dummy variable OLS model with constant slope coefficients and variable intercept. The sample (N = 166,530) contains 7 periods of observation at 5 year intervals of 745 metropolitan counties from 270 metropolitan areas. The unit of analysis is the metropolitan county area. The study found that in the urban cores and suburban fringes of metropolitan areas: 1) overall fiscal effects of TELs follow general asymmetrical trends identified by past research; 2) specific fiscal effects varied by comparison group, type of TEL imposed, and measure of fiscal outcome; 3) local governments in the urban cores are more adversely affected by TELs; 4) general revenues and expenditures declined in all comparison groups but urban core local governments experienced larger declines; 5) in all comparison groups own source revenues declined, intergovernmental revenues increased, spending on public education and public safety declined with larger declines in the urban cores; 6) long-term debt (especially non-guaranteed) has been rising more quickly in the urban core segments of metropolitan areas; and 7) in general, the effects of TELs were more negative and more pronounced for local governments experiencing fiscal stress. / Ph. D.

<p> Triples and the categories of triple algebras are relativized by a full faithful functors. The Tripleability Theorem in [1] is correspondingly relativized. The concept of the rank of a triple becomes intrinsic in this setting. Preservation of non-existing limits is interpreted in terms of limit-colimit commutation property. This is used to account for the usual description of the category of algebras as the cateeory of all product preserving setvalued functors on the opposite category of free algebras. </p> / Thesis / Doctor of Philosophy (PhD)

This study addresses the need for investigation of drying-rate characteristics of fine-grain soils. The research was an attempt to develop a parameter for use in thermal consolidation and/or shrinkage modeling. The investigation required the development of new test methods. During the study, a strong correlation between plasticity indices and certain drying characteristics was noted and discussed in detail. An argument is presented for the superiority of the Drying-Rate Test in comparison with current laboratory procedures for determining Atterberg Limits.