Made available in DSpace on 2016-04-26T20:19:27Z (GMT). No. of bitstreams: 1 Francisco Neves Coelho.pdf: 890157 bytes, checksum: 8211fd20b47f17bad9dc5ecc6dd2dfd9 (MD5) Previous issue date: 2010-10-04 / The present work approaches the flagrante delicto arrests analysing them under the principles established in 1988 s Brazilian s Federal Constitution. This work is divided in eleven chapters. Chapter 1 discourses on the principles, theirs distinction between rules and constitutional principles applied on arrest in flagrante delicto. Chapter 2 deals with the arrest in its several species highlighting preventive custody and temporary arrests. Chapter 3 presents the concept of flagrante delicto arrest, its judicial nature and historic evolution in the Brazilian s legal system. The variety in species of flagrante delicto arrests are presented in chapter 4 and its particular characteristics and considerations are in chapter 5. The convicted felon of flagrante delicto arrest is studied on chapter 6 and the constitutional assurance of this particular kind of arrest is treated in chapter 7. Chapter 8 discourses on legal documents of flagrante delicto arrest and chapter 9 is about the convicted felon presentation s to the designated judge. The legal exam of this specie of arrest is studied in chapter 10. And considerations about flagrante delicto arrests based on the Project of Brazilian s New Criminal Code are discoursed on chapter 11. Then, the conclusions on the studied subject are composed / Na presente dissertação tratamos da prisão em flagrante, com o objetivo de analisá-la à luz dos princípios introduzidos pela Constituição Federal de 1988. O trabalho foi dividido em onze capítulos. No capítulo 1 discorremos sobre os princípios, sua distinção das regras e os princípios constitucionais aplicáveis à prisão em flagrante. O capítulo 2 trata da prisão e suas espécies, destacando as prisões preventiva e temporária. O capítulo 3 trata do conceito de prisão em flagrante, sua natureza jurídica e a sua evolução histórica na legislação brasileira. As várias espécies de prisão em flagrante vem tratadas no capítulo 4 e a prisão em flagrante nas várias espécies de crimes no capítulo 5. Os sujeitos da prisão em flagrante vem estudados no capítulo 6 e as garantias constitucionais da prisão em flagrante no capítulo 7. O capítulo 8 trata da documentação da prisão em flagrante e o capítulo 9 da apresentação do preso em flagrante ao juiz competente. O exame da legalidade da prisão em flagrante vem estudado no capítulo 10. O capítulo 11 contém considerações sobre a prisão em flagrante no Projeto do Novo Código de Processo Penal. A seguir, foram articuladas nossas conclusões sobre o tema estudado

Made available in DSpace on 2016-04-26T20:22:42Z (GMT). No. of bitstreams: 1 Luiz Felipe da Rocha Azevedo Panelli.pdf: 1593853 bytes, checksum: 692890e2c2d614439b0688a66887165e (MD5) Previous issue date: 2014-04-07 / This dissertation examines the concept of legal principle to several authors, Brazilians and foreigners, pointing out the main similarities and differences between them. It also analyzes the position of the judiciary - especially the Supreme Court - regarding the definition and application of legal principles and the impact this has for the development of Brazilian law. Finally, a brief comparative analysis regarding judicial and doctrinal interpretation of legal principles regarding the Brazilian and foreign law / Esta dissertação analisa o conceito de princípio jurídico para diversos autores, brasileiros e estrangeiros, apontando as principais semelhanças e diferenças entre eles. Analisa também o posicionamento do Poder Judiciário especialmente do Supremo Tribunal Federal com relação à definição e aplicação dos princípios jurídicos e a repercussão que isto tem para o desenvolvimento do direito brasileiro. Por fim, faz uma breve análise comparativa com relação à interpretação judicial e doutrinária a respeito de princípios jurídicos no direito brasileiro e estrangeiro

Made available in DSpace on 2016-04-26T20:23:11Z (GMT). No. of bitstreams: 1 Fabio Aparecido Rapp Porto.pdf: 1066374 bytes, checksum: 5af7a7d376c29e887a801d014fcc0bbe (MD5) Previous issue date: 2014-09-11 / The theme of this study concerns the analysis of flexibility of working hours within the employment relationship, its importance in the current scenario of least traditional professional activities each day. The research also aims to conceptualize the mechanism of relaxation of the Labor Law, as well as fixing the minimum limits of worker protection in the face of such rapid changes arising from new production technologies. This research will point out the implications and reflections from the analysis of the institutes of the compensation round, weekly and yearly, the continuous shift relay and part-time contract. This analysis, implications and consequences, leave the violation of the legal and jurisprudential criteria for flexible working hours. The legal impact of flexibility in working hours will the economic spectrum to the protection of human dignity, through the minimum rights guaranteed by the Constitution, such as leisure; to education; to rest; to family life. Finally, we will conclude by emphasizing the importance of flexible working hours, both to meet the desires of you work, as well as the demand of the labor market and the needs of employers, but leaving a warning for this to be done in compliance with labor protective principle, put the rules and especially with the participation of trade unions with the aim of enhancing the collective private autonomy / Este estudo visa analisar a flexibilização da jornada de trabalho no âmbito da relação de emprego, bem como a sua importância no atual cenário de atividades profissionais. A pesquisa tem também como objetivo conceituar o mecanismo de flexibilização do Direito do Trabalho, assim como fixar os limites mínimos de proteção ao trabalhador diante das mudanças oriundas das novas tecnologias de produção. Buscou-se, dessa forma, analisar a inobservância dos critérios legais e jurisprudenciais para a flexibilização da jornada de trabalho. Por fim, ressalta-se a importância de se flexibilizar a jornada de trabalho, tanto para atender aos anseios dos trabalhadores quanto às necessidades dos empregadores, deixando um alerta para que isso seja feito com observância do princípio protetivo trabalhista, das normas postas e, principalmente, com a participação dos sindicatos, com o fito de enaltecer a autonomia privada coletiva

Les Principes d’Unidroit relatifs aux contrats du commerce international ont été élaborés dans la perspective de créer des règles universelles tournées vers le pragmatisme et non la défensed’une tradition juridique. Dans l’espace OHADA, un avant projet d’acte uniforme sur le droitdes contrats a été rédigé sur le modèle des Principes Unidroit, ce en reprenant quasimenttoutes leurs dispositions.Au regard de la neutralité culturelle des Principes Unidroit, il est fondé de se demander s’ilétait opportun de s’en inspirer pour rédiger un texte dans un espace majoritairement civiliste.Le traitement pertinent de cette question postule de s’arrêter sur le substrat philosophiqueinnervant les Principes Unidroit. Dans cette optique, la favor contractus, contrairement à laliberté contractuelle, la bonne foi, l’application des usages et la lutte contre la déloyauté dontl’orientation axiologique est claire, est un bon prisme d’analyse. A travers la protection ducontrat, il est aisé de savoir si les Principes Unidroit constituent une agression à la traditionjuridique majoritaire des pays de l’espace OHADA. Pour maitriser la variété des risquespesant sur l’acte juridique, les Principes Unidroit abordent la sauvegarde du contrat sous leprisme temporel. Ainsi, ils veillent à garantir son existence et à assurer son exécution. Cefaisant, ils n’arbitrent pas entre efficacité économique et civisme contractuel. Il en résulte que,malgré l’imperfection de certaines de leurs règles, les Principes constituent une bonne sourced’inspiration pour le législateur OHADA qui gagnerait à les améliorer avec les avancées desprojets de réforme du droit des contrats en France. / The UNIDROIT Principles of International Commercial Contracts were drafted with the aimof creating universal rules based on a pragmatic approach, and not in defense of a particularlegal tradition. In the OHADA area, a preliminary draft Uniform Act on contract law wasdrafted using the Unidroit Principles as a model, which took up nearly all of the provisions.Given the cultural neutrality of the UNIDROIT Principles, one may wonder whether thisinstrument was indeed an appropriate source of inspiration for a predominantly civil law area.A proper analysis of this issue implies to scrutinize the philosophy underlying the UnidroitPrinciples. In this regard, and contrary to concepts such as freedom of contract, good faith andfair dealings, due consideration given to usages and fight against unfairness which have aclear axiological orientation, favor contractus provides a good lens for analysis. Focusing onthe protection of the contract, it will be easily understandable whether the UNIDROITPrinciples are an assault to the legal tradition of the majority of OHADA countries. With aview to controlling the variety of risks bearing upon the contract, the Unidroit Principles dealwith the protection of the contract under a temporal perspective, keeping it in existence andensuring its performance. In so doing, they do not make a choice between economicefficiency and contractual fairness, but integrate both. As a result, and despite theimperfection of some of their rules, the UNIDROIT Principles provide a valuable source ofinspiration for the OHADA legislator, who could also benefit from certain improvements tobe drawn from the contract law reform projects in France.

Uppsatsnivå: D

Esta pesquisa tem como objetivo formular, descrever e compreender princípios gerais para o treinamento vocal do ator. Para chegar a estes princípios, partiu-se de experiências, tanto na Costa Rica quanto atualmente no Brasil, do contato com o trabalho de Roy Hart, por meio de Richard Armstrong, e das pesquisas feitas com sete especialistas e professores de voz brasileiros. Após revisão bibliográfica sobre o tema, foram feitas entrevistas individuais com os sete pesquisadores escolhidos, participação em aulas e treinamentos, assim como assistência a espetáculos apresentados por eles. Finalmente, a realização de um processo de treinamento-encenação completou as ferramentas para a postulação dos princípios. Eles confluem em dois pontos fundamentais: voz é energia, que pode ser transformada, por meio do treino-criativo, em poética teatral. / This research aims to formulate, describe and understand the general principles for the actors vocal training. In order to reach such goals, I started up from my own experiences not only in Costa Rica but also in Brazil nowadays; from the contact I had with Roy Harts work, through Richard Armstrong and through the research done with seven Brazilian voice specialists and researchers. After a bibliographic review on the theme, several interviews have been done, as well as attendance to drama performances performed by them. Finally, the achieving of a training-creation process completed the tools to postulate such principles. They converge into two fundamental points; first, voice is energy; second, it can be transformed through creativetraining in theater poetry.

<p>In recent years, first principles periodic Density Functional Theory (DFT) calculation</p><p>has been used to investigate heterogeneous catalytic reactions and examine catalyst</p><p>structures as well as adsorption properties in a variety of systems. The increasing</p><p>contribution to give detailed understanding of elementary reaction mechanism is critical to</p><p>provide fundamental insights into the catalyst design. It is a link to the fundamental</p><p>knowledge and a bridge to the practical application. DFT calculations is also a powerful</p><p>tool to predict and yield promising catalysts which is time- and cost-saving in the practical</p><p>end.</p><p>Because of the recent boom in natural shale gas deposit, there is an increasing interest</p><p>in developing more efficient ways to transform light alkanes into desired and high-value</p><p>chemicals, such as propylene. Propylene is a valuable raw material in the petrochemical</p><p>application to make value-added commodities, such as plastics, paints, and fibers, etc. The</p><p>conventional cracking, steam cracking (SC) and fluid catalytic cracking (FCC), could not</p><p>meet the growing demand of propylene. Thus, it has motivated extensive research of</p><p>production technologies. On the other hand, the abundance of light alkanes extracted from</p><p>the shale gas makes on-purpose production an appealing method which is economically</p><p>competitive. Non-oxidative dehydrogenation of propane (PDH) is a one of ways to make</p><p>up the supply and solve the issue.</p><p>xiii</p><p>According to the current research and industrial work, platinum (Pt) shows promising</p><p>performance for the PDH. However, it suffered from some major drawbacks, such as</p><p>thermodynamic limitation, rapid deactivation leading to poor catalytic performance and</p><p>frequent regeneration. In addition, it is a relatively high cost noble metal. Consequently,</p><p>many efforts have been devoted to the enhancement of the catalytic performance. It was</p><p>found that the stability and the selectivity of Pt-based catalysts can be improved via</p><p>modifying its properties with transition metals as promoters.</p><p>In this thesis, DFT calculations were performed for propane dehydrogenation over</p><p>two different catalyst systems, bimetallic platinum-zinc alloy and monometallic platinum</p><p>catalysts. The work provides insights into the catalyst crystal structures, the adsorption</p><p>characteristics of diverse adsorbates as well as the energy profiles regarding to the</p><p>selectivity of the propane dehydrogenation. Bulk calculation signifies a stable tetragonal</p><p>configuration of the PtZn catalyst which is in accordance with the experimental result. The</p><p>thermodynamic stability regarding to the stability of bulk and surface alloys are studied</p><p>with the consideration of physical constrains. We have identified the thermodynamic</p><p>stability of several PtZn low-index surface facets, (101), (110), (001), (100) flat surfaces</p><p>and stepped surface (111), at certain chemical potential environmental conditions through</p><p>the surface energy phase diagram. Stoichiometric and symmetric (101) slab is</p><p>thermodynamically stable under the region of high Pt chemical potential, and the offstoichiometric</p><p>and symmetric (100 Zn-rich) slab under the low Pt chemical potential.</p><p>In this work, PtZn(101) is used as a model surface to demonstrate the effect on the</p><p>catalytic performance with zinc promotion of platinum. In comparison with Pt(111) surface,</p><p>an elimination of 3-fold Pt hollow site on PtZn(101) is of important and it leads to the</p><p>xiv</p><p>change of binding site preferences. The divalent groups (1-propenyl, 2-propenyl) change</p><p>from Pt top site on PtZn(101) to 3-fold site on Pt(111), which is because of the lack of Pt</p><p>3-fold site on alloyed surface. As for propylene, it changes from di-σ site on PtZn to 𝜋 site</p><p>on Pt. The surface reaction intermediates are found to bond more weakly on PtZn(101)</p><p>than on the Pt surface. Especially, the binding energy of propylene reduces from -1.09 to -</p><p>0.16 eV. The weaker binding strength facilitates the activity of propylene on alloyed</p><p>surfaces.</p><p>Through a complete and classic reaction network analysis, the introduction of Zn</p><p>shows an increase in the endothermicity and the energy barrier of each elementary reaction</p><p>on the alloy surface. With the consideration of entropy for kinetic under real experimental</p><p>condition, the alloying of Zn is found to lower the energy barrier for the propylene product</p><p>desorption and increases that for propylene dehydrogenation. Meanwhile, the competition</p><p>between desired C-H and undesired C-C cleavages is investigated. It is found that the</p><p>cleavage of C-H is energetically favorable than that of C-C. These positive factors</p><p>potentially lead to a high selectivity toward propylene production on PtZn(101).</p><p>Subsequently, Microkinetic modeling is performed to estimate kinetic parameters</p><p>including the reaction order, rate-determining step to build a possible reaction mechanism.</p><p>Finally, conclusions brought out about the comparison between bimetallic and</p><p>monometallic catalyst, and suggestions for future work are presented.</p>

This thesis focuses on the use of a child welfare principle in human assisted reproduction in the UK, as contained in section 13 (5) of the Human Fertilisation and Embryology Act 1990 (as amended). Given the principle is applied prior to conception, I argue that it should be distinguished from the familiarly known child welfare principle in child law and thus my focus is on the pre-conception welfare principle (PCWP). The aim of this thesis is to provide an argument for abolition of the PCWP from UK regulation. This thesis aims to add to the debate and complement the existing body of legal and philosophical literature which has critically analysed the function of the PCWP from various perspectives. It does so by highlighting the importance of terminology throughout the work and focusing on the broader implications of the PCWP in practice. I argue that the implications of the PCWP go far beyond its position in the legislation and in order to substantiate that central argument, I separate the function of the PCWP assessment into distinct categories of harm based regulation. Before doing so, however, I critically analyse the development of the PCWP; I consider its function as a regulatory method and I challenge whether it has a defendable ethical position in the current framework. Overall, I argue against the PCWP and the harm threshold rationale underpinning it in practice. In Part I, I first set out the background to this type of research and explain why this work is important for challenging unjustified state intervention on reproductive choice. Second, I set the scene by outlining the development of the welfare principle in child law; the legislative chronology of the PCWP and the function of Principles Based Regulation (PBR) in the current regulatory framework. This entails setting out a number of assumptions, arguments and debates surrounding the concepts of welfare and harm and how these have been framed in regulation; in addition to setting out a central theme of this thesis, which is an argument that the regulation of the PCWP does not meet requisite standards of consistent, transparent, objective, proportionate and contextually-sensitive regulation. These assumptions and vii arguments are vital for understanding the basis on which this work challenges the suitability of the PCWP in the current regulatory framework. Part II of the thesis contains the papers and delivers the arguments against the PCWP in sequence. The overall aim of Part II is to present the central argument of the thesis and answer the research questions set out in the introduction. To accomplish this, the thesis first explores how the borders of child welfare have been defined by child law and judge-made law in wrongful life cases or cases involving the withdrawal or withholding of treatment from sick children. This is followed by a chronological and comparative legislative assessment of the development of the regulation of child welfare in the context of the PCWP. This develops into the main argument of the thesis which demonstrates the application of PCWP in practice departs from benchmark standards of better regulation. The thesis moves on to provoke a fresh debate on the relationship between pre-conception child welfare and the familial and genetic harm thresholds which are mandated by the PCWP assessment. The concept of harm is explored in a philosophical sense and the arguments culminate in a contention that no single philosophy underpins the PCWP, and that there is therefore no good reason to retain a principle which is problematic in both a functional and substantive sense. The thesis concludes with an overview of the progression of the main themes in this thesis, as well as identifying some promising opportunities for future research which have arisen as a result of this work.

There has been growing interest in forest school’s utility as an intervention for building social skills, self-confidence and self-esteem. Given the diverse array of research regarding the benefits of nature contact and that the effects of forest school are under-researched, the present research investigated the relationship between forest school participation, wellbeing, resilience and nature connectedness. A mixed methods crossover design, involving 130 participants, was employed with measures of wellbeing, resilience and connectedness to nature administered pre- and post-forest school. Qualitative data was also collected. Results indicated significant improvements over time for resilience scores following forest school. Gender effects were found, with male participants showing significant improvements in their levels of wellbeing, resilience and connectedness to nature. Early environmental experiences, resilience and connectedness to nature were found to predict mental wellbeing. The findings provide initial evidence for the potential of forest school in providing beneficial outcomes for resiliency in young people.

This study explores how the corporal punishment experienced by learners in Nepalese schools can impact upon multiple aspects of their lives. I examine how these short and long-term effects can extend into adulthood using an auto/biographical methodology; from a perspective influenced by my own encounters as a corporal punishment survivor from Nepal. Corporal punishment continues to be used in Nepalese schools, with the support of many teachers, parents and school management committees, despite several government policy initiatives and court rulings against it. In contrast to worldwide developments (notably in Scandinavia and America), research into corporal punishment in Nepal tends to be rare, quantitative and focused upon the prevalence and short-term effects as described by group participants and newspaper articles. This study addresses the urgent need to increase public awareness, using personal accounts describing the long-term outcomes of corporal punishment, with a depth of detail facilitated by an auto/biographical research methodology. Participants in the study expressed feelings of relief and increased self-understanding, although for myself at least, these were accompanied by feelings of grief and confusion. The lives of five corporal punishment survivors are explored through a series of interviews carried out in the Devchuli municipality of Nawalparasi, Nepal, between November 2015 and January 2016. The first is my own story, the second is a pilot interview and the other three are discussed under the themes of immediate compliance, severing dichotomies, disempowered bodies and the spiritual threat of spatio-temporal appropriation. The participants, whose identities are protected, look back, as adults, upon their experiences of corporal punishment at school and consider possible links between these and their current social, political, economic and spiritual challenges. Simultaneously, the study questions whether ‘effects’ can ever be conceptually or temporally contained within ‘multi-faceted’ and ‘becoming’ identities, using examples from the participants’ self-appraisals. I examine literature from the global debate on the effects of corporal punishment upon children, including the contrasting methodologies of Murray Straus, Alice Miller and Elizabeth Gershoff. The impact of corporal punishment upon notions of personhood is explored using Theodor Adorno’s interpretation of reification and comparable notions of objectification challenged by Andrea Dworkin, Martha Nussbaum and Paolo Freire. Corporal punishment is discussed in relation to power, conflict and the Holocaust, using Adorno and Bauman’s descriptions of authoritarian behaviours and immediate compliance, and Nietzsche and Foucault’s notions of punishment as a spectacle. Conditions for the possibility of corporal punishment are located to traditions deifying teachers, judgement-based belief systems and neo-liberal ideologies of competition and performativity. These are contrasted with alternative, non-punitive pedagogical and theological resources. Participants explore the ways in which healing and holistic self-development can be blocked by everyday vocabularies of violence and conditionality, triggering destructive individual and collective over-determined reactions. My study ‘concludes’ with reflections upon how corporal punishment has affected my participants’ lives: with their social roles hampered by defensive masks and evasive dances; their political lives blocked by fears of punishment; their economic lives stilted by caution and low self-esteem and their spiritual lives distorted by disenchantment and disappointment. Methodology and theory converge as my study rejects inherently disciplinarian, Enlightenment-led demands fo**r rational or scientific ‘proof’ of psychological effects, by presenting auto/biography itself, especially ‘child-standpoint’ narratives, as valid revolutionary praxis, effervescent with resistance to punitive ideologies and practices and dedicated to the liberation of our present from a painful past.