Esta dissertação analisa a técnica de julgamento de recursos repetitivos pelo Supremo Tribunal Federal (STF) e Superior Tribunal de Justiça (STJ) técnica de julgamento por amostragem , instituída no direito brasileiro pelas Leis federais ns. 11.418/2006 e 11.672/2008, que respectivamente incluíram no Código de Processo Civil os artigos 543-B e 543-C. Na primeira parte do trabalho, são abordados temas correlatos, relativos à tendência de valorização da jurisprudência no direito brasileiro, bem como às funções, importância e admissibilidade dos recursos extraordinários e especiais. Na segunda parte, são analisadas as justificativas de criação da técnica, relacionadas ao equacionamento do problema do excesso de recursos repetitivos no STF e no STJ. Além disso, são traçados os aspectos gerais do instituto, analisando-se a sua inspiração em procedimentos de julgamento por amostragem do direito estrangeiro, a sua caracterização como técnica de ampliação da eficácia persuasiva dos precedentes do STF e do STJ e suas diferenças e semelhanças com a repercussão geral. São também enfrentadas as questões relativas à constitucionalidade do julgamento por amostragem, apresentando-se um olhar crítico sobre a jurisprudência do STF e do STJ, que vêm interpretando suas regras de forma excessivamente restritiva ao direito das partes. A terceira e última parte é dedicada ao exame do funcionamento da técnica de julgamento de recursos repetitivos, enfrentando-se as diversas questões relativas às várias fases de seu procedimento, tais como os requisitos para instauração, competência, sobrestamento de recursos repetitivos, participação de terceiros e efeitos do julgamento. São também analisados os resultados práticos, principalmente à luz das estatísticas do STF e STJ, após a sua positivação, bem como as modificações previstas na versão atual do projeto de novo CPC. Trata-se de um legítimo e eficiente instrumento de potencialização dos precedentes do STF e do STJ que, sem prejuízo de necessários aperfeiçoamentos, bem como da sua adequada interpretação e aplicação à luz dos princípios constitucionais, mostra-se teoricamente adequado para conciliar a atual realidade dos problemas gerados pelos recursos repetitivos com a verdadeira função dos recursos excepcionais, de proteção e unificação do direito federal constitucional e infraconstitucional. / This Masters Dissertation analyzes the technical of judgment of recursos repetitivos [repetitive appeals, as a free translation] by Superior Court of Justice (STJ) and Federal Supreme Court (STF) technical of julgamento por amostragem [judgment by sampling, as a free translation] established in Brazilian legal system by the Brazilian Federal Laws Ns. 11.418/2006 and 11.672/2008, which respectively included in the Code of Civil Procedure the Articles 543-B and 543-C. In the first part of this work, correlated themes are addressed, related to the trend of appreciation of the jurisprudence in Brazilian law, as well as the functions, importance and acceptability of extraordinary and special appeals. In the second part, this work analyzes the reasons for the creation of the technique related to solution of the problem of excessive repetitive appeals on Federal Supreme Court (STF) and Superior Court of Justice (STJ). Furthermore, the general aspects on this matter are plotted by the analyze of its inspiration in trial procedures by sampling of foreign law, its characterization as a technique of enlargement of the persuasive effectiveness of precedents of Supreme Court (STF) and of Superior Court of Justice (STJ) and its differences and similarities with the repercussão geral [general impact, as a free translation]. This work also challenges the questions related to the constitutionality of the judgment by sampling presenting a critical vision at the jurisprudence of the Supreme Court (STF) and of Superior Court of Justice (STJ) that have been interpreting the rules of the judgment by sampling excessively restrictive to the right of the parties. The third and last part of this work deals with the examination of the operation of the technique of repetitive appeals trial, facing up of several questions relating to the various stages of its procedure, such as conditions of filing, jurisdiction, halting of repetitive appeals, third parties participation and effects of the judgment. This work also analyzes the practical results, particularly in light of the statistics of Supreme Court (STF) and of Superior Court of Justice (STJ), after the legalization of the repetitive appeals as well as the changes planned in the current draft version of the new CPC. It is a legitimate and efficient instrument of potentiation of the precedents of the STF and STJ, which, notwithstanding necessary improvements, as well as their adequate interpretation and application in the light of the constitutional principles proves to be adequate to conciliate the current reality of the problems caused by repetitive appeals with the true function of the of exceptional appeals, to protect and to unify the constitutional and infra-constitutional federal law.

<p>The purpose of this thesis is to study if there are any relations between the perceptions of a fear appeal message in relation to the individual experiences of the area. Furthermore to give a general view over research made on fear appeals. The research is made in a qualitative approach were the case study is used. Interviews were used to get relevant information from the chosen respondents. The results if the thesis indicates that there is a relation depending on individual experiences during the perception of a fear appeal message. Those who had considerable experiences from their past, expressed a reaction on the message bud did not act after the recommendation in the message. Those respondents who hadn’t any emotional experiences to relate too were mainly focused on the information in the message.</p>

The purpose of this thesis is to study if there are any relations between the perceptions of a fear appeal message in relation to the individual experiences of the area. Furthermore to give a general view over research made on fear appeals. The research is made in a qualitative approach were the case study is used. Interviews were used to get relevant information from the chosen respondents. The results if the thesis indicates that there is a relation depending on individual experiences during the perception of a fear appeal message. Those who had considerable experiences from their past, expressed a reaction on the message bud did not act after the recommendation in the message. Those respondents who hadn’t any emotional experiences to relate too were mainly focused on the information in the message.

The current program of research contributes to the World Health Organisation's (WHO, 2004) recent call to pool global resources in the attempt to uncover the most effective countermeasures and polices for the prevention of road trauma. Specifically, this program of research investigates the persuasive outcomes of different emotional health messages in an important applied context, road safety. In this context the use of negative, fear-based approaches has predominated with limited use of more positive-based approaches such as humorous- or pride-based emotional appeals. The overarching aim of the current research program was to examine the effectiveness (i.e., persuasiveness) of positive and negative emotional appeals and, specifically, the issue- or message-relevant affect that such appeals evoke. An additional aim was to ascertain the relative influence and effectiveness of positive and negative emotional appeals for specific target audiences. Particular attention was given to the effectiveness of such messages for males, a high risk road user group of particular concern. The research program also aimed to examine the relative roles and interplay of emotion and cognition in determining message effectiveness. The research focused upon the cognitive constructs of response efficacy (i.e., the extent to which a message incorporates coping strategies and information as well as the extent that individuals' perceive a message as incorporating such coping strategies and information) and involvement (i.e., the extent to which individuals perceive an issue or message as personally relevant and/or as being at risk of experiencing).----- The research program may be conceptualised as three stages, with each stage comprised of an empirical study and one or more manuscripts. The first stage of the research explored the roles and effectiveness of negative and positive emotional appeals. With a substantial body of literature available on the use of fear as a persuasive strategy, Paper One reviewed the theoretical and empirical evidence relating to the function and effectiveness of such appeals. This paper highlighted the mixed findings that have been reported and the controversy surrounding the nature of the fear-persuasion relationship. This paper also highlighted the importance of cognitive components of a message and, in particular, the need to incorporate high levels of response efficacy and to be cognisant of the issue of threat and message relevance.----- Paper Two was based on qualitative research derived from focus groups of licensed drivers (N = 16). The study investigated the roles and effectiveness of positive and negative emotional appeals in road safety advertisements addressing speeding and drink driving. The results suggested that positive and negative emotional appeals may serve different functions. Positive emotional appeals were regarded as a potentially efficacious means of promoting the message of prevention and to model safe behaviour and the rewards received whereas negative emotional appeals were regarded an important way to remind drivers of the dangers of driving.----- The second stage of the research program endeavoured to extend upon the findings reported in the first stage by providing an empirical comparison of positive, humorous appeals and negative, fear-based appeals on a range of outcome measures and over time. In Paper Three, the type of emotional appeal (positive/humorous, negative/fear), level of response efficacy (low, high), level of involvement (low, high), and gender were manipulated in a 2 x 2 x 2 x 2 mixed group design. Licensed drivers (N = 201) completed either a paper-and-pencil or internet-based version of a questionnaire. Prior to the anti-drink driving television advertisements being shown, pre-exposure were assessed. Attitudes and intentions were then assessed immediately after exposure and attitudes, intentions, and behaviour, 2 to 4 weeks later. The results provided evidence of the greater persuasiveness of negative appeals immediately after exposure and greater improvement of positive appeals over time. Also, the results highlighted the importance of high levels of response efficacy, irrespective of emotional appeal type. Paper Three also supported and extended upon earlier findings by examining third-person perceptions in relation to positive, humorous emotional appeals. The results revealed that males reported significantly greater overall influence both to themselves personally, as well as other drivers in general, than females for the humorous appeals. Further, consistent with the multiple roles of affect posited by Elaboration Likelihood Model, explanations were provided for the differential effectiveness of positive and negative affect.----- An additional aim of the second stage of the research program was to clarify an important methodological issue; the sampling adequacy of traditional university student samples versus internet-based samples for health message persuasion research. Fear appeal empirical literature has been criticised for its over-reliance upon student samples. Paper Four examined the extent that the internet may function as an efficacious means of accessing drivers for road safety advertising research. The sample characteristics and results obtained from student and internet samples of drivers were compared empirically. The results provided support for the greater diversity and representativeness of the internet sample and suggested that the two sampling approaches produce equivalent results. This paper served to inform the validity of prior research and informed the choice of sampling methodologies for the subsequent research stage reported in Paper Five.----- The third stage of the research built upon the preceding stages and, most notably, broadened the scope of emotional appeals examined by comparing a range of negative and positive emotional appeals addressing the issue of speeding. Drawing upon the Rossiter-Percy (1987, 1997) motivational model, Paper Five examined two different negative and two positive emotional appeals designed as audio messages. Specifically, the type of emotional appeal (Problem Avoidance/Fear based; Problem Removal/ Agitation or annoyance-based; Social Approval/ Pride-based; and Intellectual Mastery/ Humour-based), level of response efficacy (low, high), level of involvement (low, high), and gender were manipulated in a 2 x 2 x 2 x 2 fully between groups design. A range of persuasion outcome measures, including attitudes and intentions, were assessed immediately after exposure and 1 month later. Further, the study assessed adaptive (message acceptance) as well as maladaptive (message rejection) intentions. The results provided evidence of the effectiveness of humorous-based appeals for males and highlighted that appeals of the same valence (positive or negative) need not have the same persuasive effects. The results also supported the importance of response efficacy for all appeal types and highlighted that a message's overall effectiveness requires consideration of both message acceptance and rejection rates.----- Overall, the current research program, based upon a sound, multi-disciplinary theoretical framework, provided evidence for the need to broaden the scope of emotional appeals in the road safety advertising context and which may also be relevant within a wider health persuasion context. The results of the three studies have important theoretical and practical implications for future campaign development which are discussed.

Esta dissertação analisa a técnica de julgamento de recursos repetitivos pelo Supremo Tribunal Federal (STF) e Superior Tribunal de Justiça (STJ) técnica de julgamento por amostragem , instituída no direito brasileiro pelas Leis federais ns. 11.418/2006 e 11.672/2008, que respectivamente incluíram no Código de Processo Civil os artigos 543-B e 543-C. Na primeira parte do trabalho, são abordados temas correlatos, relativos à tendência de valorização da jurisprudência no direito brasileiro, bem como às funções, importância e admissibilidade dos recursos extraordinários e especiais. Na segunda parte, são analisadas as justificativas de criação da técnica, relacionadas ao equacionamento do problema do excesso de recursos repetitivos no STF e no STJ. Além disso, são traçados os aspectos gerais do instituto, analisando-se a sua inspiração em procedimentos de julgamento por amostragem do direito estrangeiro, a sua caracterização como técnica de ampliação da eficácia persuasiva dos precedentes do STF e do STJ e suas diferenças e semelhanças com a repercussão geral. São também enfrentadas as questões relativas à constitucionalidade do julgamento por amostragem, apresentando-se um olhar crítico sobre a jurisprudência do STF e do STJ, que vêm interpretando suas regras de forma excessivamente restritiva ao direito das partes. A terceira e última parte é dedicada ao exame do funcionamento da técnica de julgamento de recursos repetitivos, enfrentando-se as diversas questões relativas às várias fases de seu procedimento, tais como os requisitos para instauração, competência, sobrestamento de recursos repetitivos, participação de terceiros e efeitos do julgamento. São também analisados os resultados práticos, principalmente à luz das estatísticas do STF e STJ, após a sua positivação, bem como as modificações previstas na versão atual do projeto de novo CPC. Trata-se de um legítimo e eficiente instrumento de potencialização dos precedentes do STF e do STJ que, sem prejuízo de necessários aperfeiçoamentos, bem como da sua adequada interpretação e aplicação à luz dos princípios constitucionais, mostra-se teoricamente adequado para conciliar a atual realidade dos problemas gerados pelos recursos repetitivos com a verdadeira função dos recursos excepcionais, de proteção e unificação do direito federal constitucional e infraconstitucional. / This Masters Dissertation analyzes the technical of judgment of recursos repetitivos [repetitive appeals, as a free translation] by Superior Court of Justice (STJ) and Federal Supreme Court (STF) technical of julgamento por amostragem [judgment by sampling, as a free translation] established in Brazilian legal system by the Brazilian Federal Laws Ns. 11.418/2006 and 11.672/2008, which respectively included in the Code of Civil Procedure the Articles 543-B and 543-C. In the first part of this work, correlated themes are addressed, related to the trend of appreciation of the jurisprudence in Brazilian law, as well as the functions, importance and acceptability of extraordinary and special appeals. In the second part, this work analyzes the reasons for the creation of the technique related to solution of the problem of excessive repetitive appeals on Federal Supreme Court (STF) and Superior Court of Justice (STJ). Furthermore, the general aspects on this matter are plotted by the analyze of its inspiration in trial procedures by sampling of foreign law, its characterization as a technique of enlargement of the persuasive effectiveness of precedents of Supreme Court (STF) and of Superior Court of Justice (STJ) and its differences and similarities with the repercussão geral [general impact, as a free translation]. This work also challenges the questions related to the constitutionality of the judgment by sampling presenting a critical vision at the jurisprudence of the Supreme Court (STF) and of Superior Court of Justice (STJ) that have been interpreting the rules of the judgment by sampling excessively restrictive to the right of the parties. The third and last part of this work deals with the examination of the operation of the technique of repetitive appeals trial, facing up of several questions relating to the various stages of its procedure, such as conditions of filing, jurisdiction, halting of repetitive appeals, third parties participation and effects of the judgment. This work also analyzes the practical results, particularly in light of the statistics of Supreme Court (STF) and of Superior Court of Justice (STJ), after the legalization of the repetitive appeals as well as the changes planned in the current draft version of the new CPC. It is a legitimate and efficient instrument of potentiation of the precedents of the STF and STJ, which, notwithstanding necessary improvements, as well as their adequate interpretation and application in the light of the constitutional principles proves to be adequate to conciliate the current reality of the problems caused by repetitive appeals with the true function of the of exceptional appeals, to protect and to unify the constitutional and infra-constitutional federal law.

「沒有衡量，就無法進步」，績效管理已成為政府改革最核心的工作之一，績效經由客觀評量後，可以良性刺激更多的努力，以追求績效，規劃完善的績效管理制度，可以引爆組織潛藏的動力，落實組織的策略目標與遠景，但是設計不良的績效管理制度，亦可能成為組織的致命傷，把組織導向錯誤的策略方向。政府為達成一定之行政目的，設有不同性質之行政組織以推動政務，績效管理與績效評估亦應配合組織之特性而有所調整，依訴願法規定，各機關辦理訴願事件，應設訴願審議委員會，其具有準司法機關之特質，性質與一般行政機關不同，訴願機關的績效衡量指標應如何訂定，值得探討。 本研究以內政部為例，採用質性研究，藉由個案檢視與深度訪談，探討研究訴願機關績效評估的實施情形及評估指標的選定，並對訴願制度及訴願機關績效指標之設計提出建議，以期對內政部訂定訴願績效指標有所貢獻。 / 「Without measurement, there won’t be any possibilty of progress.」 Thus Performance Management has become a very core part of government reforms. By way of the subjective measurement, the performance can properly stimulate more efforts to look for a better performance. A well-planned Performance Management System can explode the potential power within the organization and accomplish its strategic target and vision. However, a Performance Measurement System with poor design can be fatal to the organization. It may lead the organization to a wrong strategic direction. In order to reach an administrative purpose, a government usually sets an official organization with various qualities to achieve its goals. Therefore, both Performance Management and Performance Evaluation should be adjusted to cope with the characteristics of different organizations. According to the law of appeals, every official department should set the Administrative Appeals Commission when it deals with any appeals case. Since the Administrative Appeals Commission has the feature as the Department of Justice, its quality differs from any other general administration. Thus it’s worthy to survey how to set the Performance Indicators and the Performance Measurement. With Qualitative Research Method, this research takes the Department of Home Affairs as an example. By using the methods of individual case examining and deeply interviewing, this research surveys how Administrative Appeals Commission carries out the Performance Evaluation and how it chooses its Evaluation Indicators. Moreover, besides providing some suggestions to the appeals system, this study proposes how to design the Performance Indicators for an appeals department. The research also hopes to have some dedication for the Department of Home Affairs to set its Appeals Performance Indicators.

During the years following Brown v. Board of Education, the U.S. district courts assumed the burden of implementing that decision across the country. The purpose of this study is to examine the role of the district court judges in the Fifth Circuit Court of Appeals in that effort. The primary sources used are the district, appellate and Supreme Court opinions. This study concludes that many background variables used to study judicial behaviour are ineffective in this geographical area because of the homogeneity of the judges' backgrounds. But, as indicated by the Johnson appointments, a president can select judges that have a particular attitude toward an issue such as integration, if he has the desire and the political acumen to do so.

La thèse a pour objet d'examiner la question cruciale des garanties légales du contribuable face aux prérogatives importantes de contrôle fiscal dévolues à l'administration à la suite de la mise en place du nouveau régime d'imposition déclaratif au Maroc. Elle se propose alors de rendre compte de l'état du droit positif sur cette problématique et de répondre à la question de savoir dans quelle mesure les nouvelles procédures de contrôle fiscal instituées permettent-elles de protéger les droits du contribuable vérifié. / The thesis aims at examining, following the introduction of new tax declaration regime in Morocco, the paramount issue in respect the taxpayer legal safeguards against the tax authorities prerogatives during tax audit . This work intends to report on the applicable law on this issue and to answer the question on how the newly established tax audit procedures may protect the audited taxpayer's rights

Made available in DSpace on 2016-04-26T20:21:18Z (GMT). No. of bitstreams: 1 Eliane Terezinha Ballestero.pdf: 3447313 bytes, checksum: 2c415ba64a32329fe0ca99cf51a66552 (MD5) Previous issue date: 2012-10-19 / The objective of the present work is to develop an academic study on appeals against a divergent decision of the labor process, mainly seeking to consider and face the innovations that come with Law n. 11496, of June 22, 2007. So as to obtain an understanding of the peculiarities that involve said appeals of such a complex nature, required for in-depth analyses of the general theory of the appeals, concerning their most important aspects and in parallel with extraordinary appeals. The detailed analysis of the aforementioned issue is justified, not only because it deals with an appeal of undeniable significance within the labor area and that it is difficult to be characterized, but also because after the legislative changes that took place as of June 22, 2007, very few scholars have studied said issue, bequeathing to us very little bibliography, with many outstanding matters, awaiting for an answer from the doctrine and the jurisprudence. After five years of effectiveness of the new wording of Article 894, Item II, of the Consolidation of Labor Laws: What changes have been experienced in the applicability and in the prosecution of the appeals? How has jurisprudence evolved in the face of the legislative changes made to the aforementioned appeal? Does the new wording of the appeals guarantee access to justice? What is still to be decided upon? In the present study the analytic-deductive method was used, by means of bibliographic research, analyses of appellate decisions, jurisprudential precedents and guidelines of the Superior Labor Court, appellate decisions of the Supreme Court and the Superior Court of Appeals, and court reports. The correct handling of the appeals in the labor process requires lawyers, judges and all those who operate the Law to have wide knowledge of their technique and features. Penetrating the mysteries that absorb an appeal of a complex nature, which are the appeals against a divergent decision of the labor process, is an endeavor that excites and leads to Law evolution / O presente trabalho tem por objetivo desenvolver um estudo acadêmico sobre o recurso de embargos de divergência do processo do trabalho, buscando principalmente a reflexão e o enfrentamento das inovações advindas com a Lei 11.496, de 22/06/2007. Para se chegar à compreensão das peculiaridades que envolvem esse recurso de natureza tão sinuosa, necessária a análise aprofundada da teoria geral dos recursos, em seus meandros mais relevantes e em paralelo com os recursos de natureza extraordinária. Justifica-se a detida análise de referido tema, não só porque se trata de recurso de inegável importância na seara laboral e de difícil caracterização, mas também pelo fato de que após a alteração legislativa ocorrida em 22/06/2007, são poucos os estudiosos que se debruçaram sobre o tema, o que nos tem legado uma bibliografia escassa, com muitas questões em aberto, a espera de uma resposta da doutrina e da jurisprudência. Após cinco anos de vigência da nova redação do artigo 894, inciso II, da Consolidação das Leis do Trabalho, quais as alterações sentidas no cabimento e no trâmite do recurso de embargos? Como a jurisprudência tem evoluído diante da alteração legislativa? A nova redação do recurso de embargos garante o acesso à justiça? O que ainda se está para decidir? Nesse estudo foi utilizado o método dedutivo-analítico, por meio de pesquisa bibliográfica, análise de acórdãos, súmulas e orientações jurisprudenciais do Tribunal Superior do Trabalho, súmulas do Supremo Tribunal Federal e do Superior Tribunal de Justiça, assim como revistas especializadas. O manejo correto do recurso de embargos de divergência no processo do trabalho exige do advogado, do magistrado e de todos aqueles que concretizam o Direito amplo conhecimento de sua técnica e de suas singularidades. Penetrar nos mistérios que absorvem um recurso de natureza turva, que são os embargos do artigo 894, inciso II, da Consolidação das Leis do é uma empreitada que empolga e conduz à evolução do Direito

Background: The fundamental aim of utilizing a message strategy is to develop advertising content that captures consumer attention and thereby generates favourable consumer behaviour. Two common approaches in advertising are (i) emotional appeals and (ii) rational appeals. Literature has found emotional appeals to be the superior alternative, but are yet to fully grasp the dynamics of the different emotional appeals as several researchers have called for further establishment and knowledge in the area. In this study, a new approach to emotional appeals has been taken in terms of including a wider range of emotions than has been previously done, and the aim is therethrough to receive a more nuanced and complete understanding of the phenomenon emotional appeals. Purpose: The purpose of this paper is to explain the different effects of emotional message appeals on purchase intention. Methodology: This study utilized an explanatory purpose along with a deductive, quantitative research approach, as well as a cross-sectional research design to test a conceptual model based on six hypotheses. The data collection method was completed through the distribution of a self-administered questionnaire in various online forums. The questionnaire received 212 valid responses. Findings: The hypotheses for four out of the six basic emotions were tested. The Happiness appeal showed to have the most positive effect on purchase intention (0.412), whilst Fear (0.269) and Sadness (0.273) also displayed positive tendencies, even though the Sadness appeal had been hypothesized to have negative effects on purchase intention. Furthermore, the Disgust appeal was - as hypothesized - suggested to have a negative influence on purchase intention (-0.277). The Surprise and Anger appeals displayed insignificant F-values and could thereby not be further investigated. Conclusion: Based on the four remaining emotions an adjusted conceptual model was presented in which one can observe the varying effects of emotional message appeals on purchase intention. This model can be valuable for marketers and marketing practitioners looking to apply emotional appeals as part of their marketing strategies, as well as to researchers looking to more fully understand the dynamics of emotions and emotional appeals in marketing contexts. Last, this study calls for further establishment within the field of emotional appeals in terms of gathering insights into the fluidity of emotions. / <p>Appendix 3 is in a separate file.</p>