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A presente dissertação tem como objetivo central analisar as exceções legais às provas ilícitas por derivação incorporadas no processo penal brasileiro pela Lei 11.690/08, especificamente no artigo 157 e seus parágrafos. A inovação dada pela Reforma trouxe mudanças significativas e benéficas, porém, ao mesmo tempo, em determinados pontos, apresentou confusa redação a ponto de se questionar sua constitucionalidade. Para tanto, o caminho neste estudo escolhido perpassa pelo conhecimento da importância das provas no processo penal, a limitação do direito à prova pela ilicitude, a teoria ampla da ilicitude da prova, as teorias estadunidenses das exceções às provas ilícitas por derivação que foram adotadas pelo legislador infraconstitucional brasileiro, bem como a comprovação de aplicabilidade em outros países. Assim, a partir desses subsídios, almeja-se construir uma estruturação para melhor possibilitar a definição da interpretação do inciso LVI, artigo 5º, da Constituição Federal, como regra pela teoria dos princípios, cuja Reforma seguiu plenamente na adoção da teoria ampla da ilicitude da prova e das exceções às provas ilícitas por derivação. Por fim, essa consolidação de conceitos serve de base para análise das decisões dos Tribunais quando se referem às exceções às provas ilícitas por derivação, chegando-se à conclusão de que existe uma interpretação deficitária e diversa da raiz estadunidense. / The present work analyze the legal exceptions of fruits of the poisonous tree doctrine evidences in the criminal justice process incorporated by Law 11.690/08, specifically in article 157 and its paragraphs. The innovation given by the Reformation brought significant and beneficial changes, but at the same time, at certain points, the confusing writing presented allows us to question its constitutionality. For that, the path chosen in this study moves through the evidence importance knowledge in criminal proceedings, the limitation of the right to proof by illegality, unlawfulness broad theory of evidence, the American theories of fruit of the poisonous tree doctrine exceptions that were adopted by Brazilian in ordinary legislation, as well as its applicability in other countries. Thus, from these subsidies, we aim to build a structure to allow the definition of the interpretation of section LVI, Article 5 of the Federal Constitution, as a rule by the \"theory of principles\" whose reform has fully followed the adoption of the broad theory of unlawfulness of evidence and fruit of the poisonous tree doctrine exceptions. Finally, this consolidation of concepts is the basis for analysis of the decisions´ Courts when referring to fruit of the poisonous tree doctrine exceptions, coming to the conclusion that there is a deficit and misguided interpretation of American roots concepts.

A presente dissertação tem como objetivo central analisar as exceções legais às provas ilícitas por derivação incorporadas no processo penal brasileiro pela Lei 11.690/08, especificamente no artigo 157 e seus parágrafos. A inovação dada pela Reforma trouxe mudanças significativas e benéficas, porém, ao mesmo tempo, em determinados pontos, apresentou confusa redação a ponto de se questionar sua constitucionalidade. Para tanto, o caminho neste estudo escolhido perpassa pelo conhecimento da importância das provas no processo penal, a limitação do direito à prova pela ilicitude, a teoria ampla da ilicitude da prova, as teorias estadunidenses das exceções às provas ilícitas por derivação que foram adotadas pelo legislador infraconstitucional brasileiro, bem como a comprovação de aplicabilidade em outros países. Assim, a partir desses subsídios, almeja-se construir uma estruturação para melhor possibilitar a definição da interpretação do inciso LVI, artigo 5º, da Constituição Federal, como regra pela teoria dos princípios, cuja Reforma seguiu plenamente na adoção da teoria ampla da ilicitude da prova e das exceções às provas ilícitas por derivação. Por fim, essa consolidação de conceitos serve de base para análise das decisões dos Tribunais quando se referem às exceções às provas ilícitas por derivação, chegando-se à conclusão de que existe uma interpretação deficitária e diversa da raiz estadunidense. / The present work analyze the legal exceptions of fruits of the poisonous tree doctrine evidences in the criminal justice process incorporated by Law 11.690/08, specifically in article 157 and its paragraphs. The innovation given by the Reformation brought significant and beneficial changes, but at the same time, at certain points, the confusing writing presented allows us to question its constitutionality. For that, the path chosen in this study moves through the evidence importance knowledge in criminal proceedings, the limitation of the right to proof by illegality, unlawfulness broad theory of evidence, the American theories of fruit of the poisonous tree doctrine exceptions that were adopted by Brazilian in ordinary legislation, as well as its applicability in other countries. Thus, from these subsidies, we aim to build a structure to allow the definition of the interpretation of section LVI, Article 5 of the Federal Constitution, as a rule by the \"theory of principles\" whose reform has fully followed the adoption of the broad theory of unlawfulness of evidence and fruit of the poisonous tree doctrine exceptions. Finally, this consolidation of concepts is the basis for analysis of the decisions´ Courts when referring to fruit of the poisonous tree doctrine exceptions, coming to the conclusion that there is a deficit and misguided interpretation of American roots concepts.

Dissertation submitted in partial compliance with the requirements for the Master’s Degree in Technology: Homoeopathy, Durban University of Technology, 2010. / Provings are an essential element in the development of the homoeopathic medicine knowledge base and scope of practice. There are many South African indigenous plants and animals that can play a role in homoeopathy but need to be proved first. Several indigenous snake venoms have already been proved as homoeopathic remedies, so the proving of Dendroaspis angusticeps venom expands this particular knowledge base. Aim The aim of this study was to determine the effect of a homoeopathic dose of the venom of the Dendroaspis angusticeps on healthy individuals in order to elicit and document the resulting mental and physical symptomotology, so that it may be prescribed to those that require it based on the Law of Similars. The other aims of this study were to compare the proving symptoms of Dendroaspis angusticeps 30CH to the toxicology of Eastern Green Mamba venom and to analyze the remedy picture in relation to the doctrine of signatures. The thirtieth centesimal potency of the remedy was hypothesised to produce clearly observable signs and symptoms in provers (healthy volunteers). The symptoms obtained from the proving were also compared to the doctrine of signature analysis of Dendroaspis angusticeps to help clarify the nature of this snake and to expand the remedy picture of the substance and facilitate our understanding of the remedy in light of the toxicology of the venom and the doctrine of signatures. vii Methodology The homoeopathic proving of Dendroaspis angusticeps 30CH was carried out as a randomised, double blind, placebo-controlled trial. The proving population consisted of 30 provers. Twenty four of the provers were in the experimental group and they received the potentised snake venom. Six provers were in the control group and they received the placebo. As this was a double blind, placebo-controlled trial, neither the individuals taking part in the study nor the researcher had any knowledge of who received placebo or the active remedy. Provers were also unaware of the substance being proven or the potency in which it was prepared. Results Provers recorded their symptoms in a journal over a period of 5 weeks and were monitored regularly by the researcher. At the completion of the proving period, the researcher collected all the recorded data and each journal was assessed by the researcher to determine the suitability of the recorded symptoms. The symptoms were then translated into the language of the materia medica and the repertory and a remedy picture was formulated. Thereafter a comparison was made to the nature of the snake by means of the doctrine of signatures and the toxicology of the venom as an attempt to broaden the repertoire of our knowledge of the action of the remedy. Provers experienced a wide range of symptoms particularly on the mental and emotional spheres including feelings of powerful assertion and confidence; cheerful and excited energy; spiritual and prayerful feelings; seductive, sensual and extravagant mannerisms; desire to dance and heightened energy; clairvoyant natures and desires to be in nature as well as pronounced irritability, anger and sadness. Other symptoms included desire to be alone and withdrawn feelings; quarrelsome natures; desire to kill; deceitful ways; intolerance to injustice; poor concentration; thoughts of the past; confusion and antagonism of the will and anxious thoughts. Delusions, fears and thoughts of death also manifested in provers. There was a marked polarity of symptoms as: Anger, rage, irritability vs calmness / spirituality; Sadness / depression vs cheerfulness / joy; Poor concentration / forgetful vs mental power / mental clarity; Alone / withdrawn vs desire to be touched, caressed; and Prostration, exhaustion vs energetic. On the physical sphere there were marked symptoms produced in the head area with a wide range of headaches. Eye symptoms were also vast in the inflammation, heaviness and ptosis of the eyes. Throat symptoms manifested as pharyngitis and sore throat. Toxicological symptoms included vertigo, ptosis, pain in different areas, inflammation, vomiting, blurred vision, slurred speech, difficulty breathing and difficult swallowing. Back pain and lower back pain were also key symptoms. Sleep difficulties and sleepiness were experienced by provers. Dream symptoms were the most prevalent in this proving. Dreams were repetitive in provers in the dreams of changing places and being in many places and unfamiliar places. There were marked dreams of sexuality, death, spirituality, friendships, colours, snakes, weddings, fighting and killings and past recollections. Conclusion Dendroaspis angusticeps 30CH thus did produce clearly observable signs and symptoms in healthy volunteers as hypothesised. The correlation of the proving symptoms to the toxicology of the venom and the doctrine of signatures also illustrated the themes of this remedy and aided in development of the remedy picture for this new addition to the knowledge base of indigenous South African substances and their homoeopathic application. / M

published_or_final_version / Biochemistry / Doctoral / Doctor of Philosophy

This item was digitized as part of the Million Books Project led by Carnegie Mellon University and supported by grants from the National Science Foundation (NSF). Cornell University coordinated the participation of land-grant and agricultural libraries in providing historical agricultural information for the digitization project; the University of Arizona Libraries, the College of Agriculture and Life Sciences, and the Office of Arid Lands Studies collaborated in the selection and provision of material for the digitization project.

The present-day cycads comprise the diverse, modified, remnants of a much larger group of gymnosperms which flourished in the Mezozoic era. The systematic position that the cycads occupy in the botanical hierarchy is significant in that they represent relatively unchanged survivors from prehistory. The present global complement of 182 species occur in tropical and mild temperate regions in both hemispheres. Despite the density of proliferation of species, about one-half of the extant taxa are considered endangered, vulnerable or rare. Apart from characteristic features such as differences in growth forms, variation in reproductive structures and anatomical details, cycads are distinguished from all other plant groups by the unique phytotoxins, azoxyglycosides, which they possess. The toxicity of cycads is well-documented in cases which refer to both man and animals. Cycasin, which together with macrozamin represent the major azoxyglycosides occurring in cycads, has been reported to elicit responses similar to those that have been observed during carcinogenicity, mutagenicity and neurotoxicity assays. It has become apparent that the mechanism by which azoxyglycosides manifest their toxicity involves deglucosylation, by enzyme systems, which releases the aglycone, methylazoxymethanol (MAM), and sugar moieties. Metabolic activation of MAM succeeds deglucosylation to generate methylene carbene units (: CH2) which are capable of methylating macromolecules including DNA, RNA and protein. During this investigation, macrozamin was extracted from seed kernels of Encephalartos transvenosus and cycasin was tentatively identified in seed kernels of Cycas thouarsii . The hexa-acetate derivative of macrozamin was prepared whereas the tetra-acetate derivative of cycasin was not secured in a pure form. The spectroscopic techniques employed for identification include DV-absorption, infra-red and nuclear magnetic resonance spectroscopy, all of which are useful for detecting signals which arise as a result of the azoxy function. A kinetic study was carried out to determine the rate of hydrolysis of macrozamin with 4M sulphuric acid, and to allow calculation of the activation energy for the process. A comparison of the kinetic parameters determined for the above process with those derived for the hydrolysis of cycasin and methylazoxymethanol under similar conditions followed. The rates of hydrolysis increase in the order macrozamin, cycasin, methylazoxymethanol since the molecules contain two, one and zero glycosidic linkages respectively. Additional glycosidic bonds are observed to decrease the rate of reaction. Consequently, activation energies for hydrolysis of the above molecules decrease in the above-stated order. Macrozamin and cycasin were quantified in cycad material by high performance liquid chromatography (HPLC), gas-liquid chromatography (GLC) and by the chromotropic acid assay. The results of the quantitative analysis has highlighted certain limitations of the methods of detection, and has been found to be applicable to a taxonomic evaluation and a proposal for the biosynthesis of the azoxyglycosides. / Thesis (M.Sc.)-University of Natal, Durban, 1990.

Thesis (M. Phil.)--Hong Kong University of Science and Technology, 2003. / Includes bibliographical references (leaves 118-130). Also available in electronic version. Access restricted to campus users.

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management