Search results for: Brazilian Supreme Court
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 124

Search results for: Brazilian Supreme Court

124 Between Legal Authority and Epistemic Competence: A Case Study of the Brazilian Supreme Court

Authors: Júlia Massadas

Abstract:

The objective of this paper is to analyze the role played by the institute of the public hearings in the Brazilian Supreme Court. The public hearings are regulated since 1999 by the Brazilian Laws nº 9.868, nº 9.882 and by the Intern Regiment of the Brazilian Supreme Court. According to this legislation, the public hearings are supposed to be called when a matter of circumstance of fact must be clarified, what can be done through the hearing of the testimonies of persons with expertise and authority in the theme related to the cause. This work aims to investigate what is the role played by the public hearings and by the experts in the Brazilian Supreme Court. The hypothesis of this research is that: (I) The public hearings in the Brazilian Supreme Court are used to uphold a rhetoric of a democratic legitimacy of the Court`s decisions; (II) The Legislative intentions have been distorted. To test this hypothesis, the adopted methodology involves an empirical study of the Brazilian jurisprudence. As a conclusion, it follows that the public hearings convened by the Brazilian Supreme Court do not correspond, in practice, to the role assigned to them by the Congress since they do not serve properly to epistemic interests. The public hearings not only do not legitimate democratically the decisions, but also, do not properly clarify technical issues.

Keywords: Brazilian Supreme Court, constitutional law, public hearings, epistemic competence, legal authority.

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123 "A Call for School Diversity": A Practical Response to the Supreme Court Decision on Race and American Schools

Authors: Nathaniel Bryan

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American public schools should be the place that reflects America-s diverse society. The recent Supreme Court decision to discontinue the use of race as a factor in school admission policies has caused major setbacks in America-s effort to repair its racial divide, to improve public schools, and to provide opportunities for all people, regardless of race or creed. However, educators should not allow such legal decision to hinder their ability to teach children tolerance of others in schools and classrooms in America.

Keywords: Race, Supreme Court, injustice, racial quotas.

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122 U.S. Supreme Court Decision Making in the Area of Religion, 1987-2011

Authors: Joseph Ignagni, Rebecca E. Deen

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There are many views on how human decision makers behave. In this work, the Justices of the United States Supreme Court will be viewed in terms of constrained maximization and cognitivecybernetic theory. This paper will integrate research in such fields as law, political science, psychology, economics and decision making theory. It will be argued that due to its heavy workload, the Supreme Court is forced to make decisions in a boundedly rational manner. The ideas and theory put forward here will be tested in the area of the Court’s decisions involving religion. Therefore, the cases involving the U.S. Constitution’s Free Exercise Clause and Establishment Clause will be analyzed. Also, variables such as the U.S. government’s involvement in these cases will be considered. The years to be studied will be 1987-2011.

Keywords: Establishment Clause, Free Exercise Clause, U.S. Constitution, U.S. Supreme Court.

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121 U.S. Supreme Court Justices and Partisanship: Support for the President and Solicitor General

Authors: James Meernik, Joseph Ignagni, Rebecca Deen

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This paper analyzes the extent to which the justices of the U.S. Supreme Court cast votes that support the positions of the president, or more generally the Executive Branch. Can presidents count on such deference from those justices they nominate or those whom are nominated by other presidents of the same party? Or, do the justices demonstrate judicial independence and impartiality such that they are not so predisposed to vote in favor of arguments of their nominating president-s party? The results suggest that while in general the justices do not exhibit any marked tendency to partisan support of presidents, more recent and conservative Supreme Court justices are significantly more likely to support Republican presidents.

Keywords: Separation of Powers, Solicitor General, U.S. President

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120 Oakes Test and Proportionality Test: Balance between the Practical Costs of Limiting Rights and the Benefits Arising from the Law

Authors: Rafael Tedrus Bento

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The analysis of proportionality as a test is raised as a basic foundation for the achievement of Fundamental Rights. We used legal dogmatics and empirical analysis to seek the expected results, from the reading of the RV Oakes trial by the Supreme Court of Canada. In cases involving freedom of expression, two tests are used to resolve disputes. The first examines whether, in fact, the case can be characterized as a violation of freedom of expression; the second assesses whether this violation can be justified by the reasonable limit clause. This test was defined in the RV Oakes trial by the Supreme Court of Canada, concluding with the Oakes Test, used worldwide as a proportionality test. Resulting is a proportionality between the effects of the limiting measure and the objective - the more serious the harmful effects of a measure, the more important the objective must be.

Keywords: Oakes, proportionality. fundamental rights, Canadian Charter of Rights and Freedoms.

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119 Politic Iconography: The Sky and Pants of Nicolas-Antoine Taunay (1755-1830)

Authors: Bárbara Dantas

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Nicolas-Antoine Taunay had everything to have a quiet life with his family, his colleagues from the Paris Academy of Art, and as a renowned painter of the French Court, but the conjuncture was quite complicated in those final years of the eighteenth century and first decades of the 19th century. The painter had to adapt to various political and social ruptures: from royalty to the French Revolution, from the empire of Napoleon Bonaparte to the empire of King John VI. We wish to insert Taunay in its context through the analysis of his portrait made by a colleague of the profession and of a Brazilian landscape painted of his own (1816-1821) and, in which he represented himself. Finally, the intention is to find in these two paintings how Nicolas-Antoine Taunay faced himself and in the middle that surrounded him in the traffic that was forced to make it between Paris and Rio de Janeiro.

Keywords: Nicolas-Antoine Taunay, politic iconography, French Art, Brazilian Art, 19th century.

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118 The Current Situation of Ang Thong Province’s Court Doll Distribution

Authors: P. Waiyawuththanapoom

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This research is objected to study the pattern and channel of distribution of Ang Thong’s court doll OTOP product and try to develop the quality of distribution of the court doll product. The population of this research is 50 court doll manufacturers of Ang Thong’s court doll. The data and information was collected by using the questionnaire and use percentage, mean and standard deviation as an analysis tools. The distribution channel of Ang Thong’s court doll can be separated into 3 channels which are direct distribution from the manufacturer, via the middleman and via the co-operated manufacturing group. In the direct distribution from the manufacturer channel, it was found that the manufacturer is given the highest rate of importance to how they keep the inventory. In the distribution via the middleman channel, it was found that the manufacturer is given the highest rate of importance to the distribution efficiency. But in the distribution via the co-operated manufacturing group, it was found that the manufacturer is given the highest rate of importance to the public relationship.

Keywords: Distribution, Court Doll, Ang Thong Province.

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117 Radio and Television Supreme Council as a Regulatory Board

Authors: Sevil Yildiz

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In parallel, broadcasting has changed rapidly with the changing of the world at the same area. Broadcasting is also influenced and reshaped in terms of the emergence of new communication technologies. These developments have resulted a lot of economic and social consequences. The most important consequences of these results are those of the powers of the governments to control over the means of communication and control mechanisms related to the descriptions of the new issues. For this purpose, autonomous and independent regulatory bodies have been established by the state. One of these regulatory bodies is the Radio and Television Supreme Council, which to be established in 1994, with the Code no 3984. Today’s Radio and Television Supreme Council which is responsible for the regulation of the radio and television broadcasts all across Turkey has an important and effective position as autonomous and independent regulatory body. The Radio and Television Supreme Council acts as being a remarkable organizer for a sensitive area of radio and television broadcasting on one hand, and the area of democratic, liberal and keep in mind the concept of the public interest by putting certain principles for the functioning of the Board control, in the context of media policy as one of the central organs, on the other hand. In this study, the role of the Radio and Television Supreme Council is examined in accordance with the Code no 3894 in order to control over the communication and control mechanisms as well as the examination of the changes in the duties of the Code No. 6112, dated 2011.

Keywords: Regulatory Boards, Radio and Television Supreme Council.

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116 Brazilian Environmental Public Policies Analysis

Authors: Estela Macedo Alves

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This paper is an overview on public policy analysis focused on the study of Brazilian public policy making process. The methodology is based on the review of some theories on the subject, linking them to Brazilian reality. The study presents basic policy analysis concepts, such as policy, polity and politics. It is emphasized John Kingdon's Multiple Stream Model, because of its clarifying aspects concerning public policies formulation process in democratic countries. In this path it was possible to establish interpretations on environmental public policies in Brazil and understand its methods, instead of presenting only a case study. At the end, it is possible to connect theory with Brazilian reality, identifying negative and positive points of its political processes and structure.

Keywords: Brazilian policies, environmental public policy, multiple stream model, public policy analysis.

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115 Evolving Paradigm of Right to Development in International Human Rights Law and Its Transformation into the National Legal System: Challenges and Responses in Pakistan

Authors: Naeem Ullah Khan, Kalsoom Khan

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No state can be progressive and prosperous in which a large number of people is deprived of their basic economic rights and freedoms. In the contemporary world of globalization, the right to development has gained a momentum force in the domain of International Development Law (IDL) and has integrated into the National Legal System (NLS) of the major developed states. The international experts on human rights argued that the right to development (RTD) is called a third-generation human right which tends to enhance the welfare and prosperity of individuals, and thus, it is a right to a process whose outcomes are human rights despite the controversy on the implications of RTD. In the Pakistan legal system, the RTD has not been expressly stated in the constitution of the Islamic Republic of Pakistan, 1973. However, there are some implied constitutional provisions which reflect the concept of RTD. The jurisprudence on RTD is still an evolving paradigm in the contextual perspective of Pakistan, and the superior court of diverse jurisdiction acts as a catalyst regarding the protection and enforcement of RTD in the interest of the public at large. However, the case law explores the positive inclination of the courts in Pakistan on RTD be incorporated as an express provision in the chapters of fundamental rights; in this scenario, the high court’s of Pakistan under Article 199 and the supreme court of Pakistan under Article 184(3) have exercised jurisdiction on the enforcement of RTD. This paper inter-alia examines the national dimensions of RTD from the standpoint of state practice in Pakistan and it analyzes the experience of judiciary in the protection and enforcement of RTD. Moreover, the paper highlights the social and cultural challenges to Pakistan in the implementation of RTD and possible solution to improve the conditions of human rights in Pakistan. This paper will also highlight the steps taken by Pakistan regarding the awareness, incorporation, and propagation of RTD at the national level.

Keywords: Globalization, Pakistan, RTD, third-generation right.

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114 The Employee's Right to Observe the Religious Worship Day: Position of the Portuguese Constitutional Court

Authors: Susana Sousa Machado

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The present article seeks to carry out along the lines of interpretation of the recent Portuguese Constitutional Court case law on the possibility of an employee to observe a worship day imposed by religious beliefs. In this approach to the question, considerations on the subject of the relationship between religious freedom and labour relations will inevitably arise. We intend to draw conclusions of practical application from the court decisions on the matter of freedom of religion.

Keywords: Freedom of Religion, Religion Beliefs, Workplace, Worship Day.

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113 Jurisprudencial Analysis of Torture in Spain and in the European Human Rights System

Authors: María José Benítez Jiménez

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Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (E.C.H.R.) proclaims that no one may be subjected to torture, punishment or degrading treatment. The legislative correlate in Spain is embodied in Article 15 of the Spanish Constitution, and there must be an overlapping interpretation of both precepts on the ideal plane. While it is true that there are not many cases in which the European Court of Human Rights (E.C.t.H.R. (The Strasbourg Court)) has sanctioned Spain for its failure to investigate complaints of torture, it must be emphasized that the tendency to violate Article 3 of the Convention appears to be on the rise, being necessary to know possible factors that may be affecting it. This paper addresses the analysis of sentences that directly or indirectly reveal the violation of Article 3 of the European Convention. To carry out the analysis, sentences of the Strasbourg Court have been consulted from 2012 to 2016, being able to address any previous sentences to this period if it provided justified information necessary for the study. After the review it becomes clear that there are two key groups of subjects that request a response to the Strasbourg Court on the understanding that they have been tortured or degradingly treated. These are: immigrants and terrorists. Both phenomena, immigration and terrorism, respond to patterns that have mutated in recent years, and it is important for this study to know if national regulations begin to be dysfunctional.

Keywords: European convention for the protection of human rights and fundamental freedoms, European Court of Human Rights, sentences, Spanish Constitution, torture.

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112 Freedom of Expression and Its Restriction in Audio Visual Media

Authors: Sevil Yildiz

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Audio visual communication is a type of collective expression. Due to inform the masses, give direction to opinions, and establish public opinion, audio visual communication must be subjected to special restrictions. This has been stipulated in both the Constitution and the European Human Rights Agreement. This paper aims to review freedom of expression and its restriction in audio visual media. For this purpose, the authorization of the Radio and Television Supreme Council to impose sanctions as an independent administrative authority empowered to regulate the field of audio visual communication has been reviewed with regard to freedom of expression and its limits.

Keywords: Audio visual media, freedom of expression, its limits, Radio and Television Supreme Council.

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111 Estimation of Tensile Strength for Granitic Rocks by Using Discrete Element Approach

Authors: Aliakbar Golshani, Armin Ramezanzad

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Tensile strength which is an important parameter of the rock for engineering applications is difficult to measure directly through physical experiment (i.e. uniaxial tensile test). Therefore, indirect experimental methods such as Brazilian test have been taken into consideration and some relations have been proposed in order to obtain the tensile strength for rocks indirectly. In this research, to calculate numerically the tensile strength for granitic rocks, Particle Flow Code in three-dimension (PFC3D) software were used. First, uniaxial compression tests were simulated and the tensile strength was determined for Inada granite (from a quarry in Kasama, Ibaraki, Japan). Then, by simulating Brazilian test condition for Inada granite, the tensile strength was indirectly calculated again. Results show that the tensile strength calculated numerically agrees well with the experimental results obtained from uniaxial tensile tests on Inada granite samples.

Keywords: Numerical Simulation, PFC, Tensile Strength, Brazilian Test.

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110 The Didactic Transposition in Brazilian High School Physics Textbooks: A Comparative Study of Didactic Materials

Authors: Leandro Marcos Alves Vaz

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In this article, we analyze the different approaches to the topic Magnetism of Matter in physics textbooks of Brazilian schools. For this, we compared the approach to the concepts of the magnetic characteristics of materials (diamagnetism, paramagnetism, ferromagnetism and antiferromagnetism) in different sources of information and in different levels of education, from Higher Education to High School. In this sense, we used as reference the theory of the Didactic Transposition of Yves Chevallard, a French educational theorist, who conceived in his theory three types of knowledge – Scholarly Knowledge, Knowledge to be taught and Taught Knowledge – related to teaching practice. As a research methodology, from the reading of the works used in teacher training and those destined to basic education students, we compared the treatment of a higher education physics book, a scientific article published in a Brazilian journal of the educational area, and four high school textbooks, in order to establish in which there is a greater or lesser degree of approximation with the knowledge produced by the scholars – scholarly knowledge – or even with the knowledge to be taught (to that found in books intended for teaching). Thus, we evaluated the level of proximity of the subjects conveyed in high school and higher education, as well as the relevance that some textbook authors give to the theme.

Keywords: Magnetism of matter, teaching of physics, didactic transposition, Brazilian physics books.

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109 The Principle of the Protection of Legitimate Expectation: Analysis the Adjudications of Thailand Court

Authors: Paiboon Chuwatthanakij

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In reference to the legal state in the Thai legal system, most people understand the minor principles of the legal state form, which are the principles that can be explained and understood easily and the results can be seen clearly, especially in the legitimacy of administrative acts. Therefore, there is no awareness of justice, which is the fundamental value of Thai law. The legitimacy of administrative acts requires the administration to adhere to the constitution and legislative laws in enforcement of the laws. If it appears that the administrative acts are illegitimate, the administrative court, as the court of justice, will revoke those acts as if they had never been set in the legal system, this will affect people’s trust as they are unaware as to whether the administrative acts that appoint their lives are legitimate or not. Regarding the revocation of administrative orders by the administrative court as if those orders had never existed, the common individual surely cannot be expected to comprehend the security of their juristic position. Therefore, the legal state does not require a revocation of the government’s acts to terminate its legal results merely because those acts are illegitimate, but there should be considerations and realizations regarding the “The Principle of the Protection of Legitimate Expectation,” which is a minor principle in the legal state’s content that focuses on supporting and protecting legitimate expectations of the juristic position of an individual and maintaining justice, which is the fundamental value of Thai law.

Keywords: Legal state, Rule of law, Protection of legitimate.

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108 Momentum Accounting in Public Management: A Case Study in a Brazilian Navy-s Services Provider Military Organization

Authors: Rodrigo Barreiros Leal, Aracéli Cristina de Sousa Ferreira

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This study examines the possibility to apply the theory of multidimensional accounting (momentum accounting) in a Brazilian Navy-s Services Provider Military Organization (Organização Militar Prestadora de Serviços - OMPS). In general, the core of the said theory is the fact that Accounting does not recognize the inertia of transactions occurring in an entity, and that occur repeatedly in some cases, regardless of the implementation of new actions by its managers. The study evaluates the possibility of greater use of information recorded in the financial statements of the unit of analysis, within the strategic decisions of the organization. As a research strategy, we adopted the case study. The results infer that it is possible to use the theory in the context of a multidimensional OMPS, promoting useful information for decision-making and thereby contributing to the strengthening of the necessary alignment of its administration with the current desires of the Brazilian society.

Keywords: Multidimensional Accounting, Public Management, Decision Making.

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107 Mapping Soil Fertility at Different Scales to Support Sustainable Brazilian Agriculture

Authors: Rachel Bardy Prado, Vinícius de Melo Benites, José Carlos Polidoro, Carlos Eduardo Gonçalves, Alexey Naumov

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Most agricultural crops cultivated in Brazil are highly nutrient demanding. Brazilian soils are generally acidic with low base saturation and available nutrients. Demand for fertilizer application has increased because the national agricultural sector expansion. To improve productivity without environmental impact, there is the need for the utilization of novel procedures and techniques to optimize fertilizer application. This includes the digital soil mapping and GIS application applied to mapping in different scales. This paper is based on research, realized during 2005 to 2010 by Brazilian Corporation for Agricultural Research (EMBRAPA) and its partners. The purpose was to map soil fertility in national and regional scales. A soil profile data set in national scale (1:5,000,000) was constructed from the soil archives of Embrapa Soils, Rio de Janeiro and in the regional scale (1:250,000) from COMIGO Cooperative soil data set, Rio Verde, Brazil. The mapping was doing using ArcGIS 9.1 tools from ESRI.

Keywords: agricultural sustainability, fertilizer optimization, GIS, soil attributes.

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106 The Advantages of Integration for Social Systems – Evidence from the Automobile Industry

Authors: Waldemiro Francisco Sorte Junior

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The Japanese integrative approach to social systems can be observed in supply chain management as well as in the relationship between public and private sectors. Both the Lean Production System and the Developmental State Model are characterized by efforts towards the achievement of mutual goals, resulting in initiatives for capacity building which emphasize the system level. In Brazil, although organizations undertake efforts to build capabilities at the individual and organizational levels, the system level is being neglected. Fieldwork data confirmed the findings of other studies in terms of the lack of integration in supply chain management in the Brazilian automobile industry. Moreover, due to the absence of an active role of the Brazilian state in its relationship with the private sector, automakers are not fully exploiting the opportunities in the domestic and regional markets. For promoting a higher level of economic growth as well as to increase the degree of spill-over of technologies and techniques, a more integrative approach is needed.

Keywords: Integration, Lean Production System, DevelopmentalState Model, Brazilian automobile industry.

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105 The Challenges for Engineers to Change the Construction Method in Brazil

Authors: Yuri B. Cesarino, Vinícius R. Domingues, Darym J. F. Campos

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Developing countries have some restrains towards the adoption of new technologies and construction methods. Some nations, such as Brazil, still use conventional construction methodologies, knowing its lesser cost-effectiveness. This research has been conducted to demonstrate how industrialized construction methods should be implemented in Brazil, especially in times of need. Using the common sense among different authors with different perspectives, it is clear that the second method is more suitable for construction development because of its great advantages. However, it is unlikely for this process to be adopted in the country as a result of several social-economic restraints. Nonetheless, Brazilian engineers have a major challenge ahead of them, and it will take more than creativity to solve such an issue.

Keywords: Brazilian engineers, construction methods, industrialized construction, infrastructure.

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104 Military Court’s Jurisdiction over Military Members Who Commit General Crimes under Indonesian Military Judiciary System in Comparison with Other Countries

Authors: Dini Dewi Heniarti

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The importance of this study is to understand how Indonesian military court asserts its jurisdiction over military members who commit general crimes within the Indonesian military judiciary system in comparison to other countries. This research employs a normative-juridical approach in combination with historical and comparative-juridical approaches. The research specification is analytical-descriptive in nature, i.e. describing or outlining the principles, basic concepts, and norms related to military judiciary system, which are further analyzed within the context of implementation and as the inputs for military justice regulation under the Indonesian legal system. Main data used in this research are secondary data, including primary, secondary and tertiary legal sources. The research focuses on secondary data, while primary data are supplementary in nature. The validity of data is checked using multi-methods commonly known as triangulation, i.e. to reflect the efforts to gain an in-depth understanding of phenomena being studied. Here, the military element is kept intact in the judiciary process with due observance of the Military Criminal Justice System and the Military Command Development Principle. The Indonesian military judiciary jurisdiction over military members committing general crimes is based on national legal system and global development while taking into account the structure, composition and position of military forces within the state structure. Jurisdiction is formulated by setting forth the substantive norm of crimes that are military in nature. At the level of adjudication jurisdiction, the military court has a jurisdiction to adjudicate military personnel who commit general offences. At the level of execution jurisdiction, the military court has a jurisdiction to execute the sentence against military members who have been convicted with a final and binding judgement. Military court's jurisdiction needs to be expanded when the country is in the state of war.

Keywords: Military courts, Jurisdiction, Military members, Military justice system.

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103 Investigation of Passive Solutions of Thermal Comfort in Housing Aiming to Reduce Energy Consumption

Authors: Josiane R. Pires, Marco A. S. González, Bruna L. Brenner, Luciana S. Roos

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The concern with sustainability brought the need for optimization of the buildings to reduce consumption of natural resources. Almost 1/3 of energy demanded by Brazilian housings is used to provide thermal solutions. AEC sector may contribute applying bioclimatic strategies on building design. The aim of this research is to investigate the viability of applying some alternative solutions in residential buildings. The research was developed with computational simulation on single family social housing, examining envelope type, absorptance, and insolation. The analysis of the thermal performance applied both Brazilian standard NBR 15575 and degree-hour method, in the scenery of Porto Alegre, a southern Brazilian city. We used BIM modeling through Revit/Autodesk and used Energy Plus to thermal simulation. The payback of the investment was calculated comparing energy savings and building costs, in a period of 50 years. The results shown that with the increment of envelope’s insulation there is thermal comfort improvement and energy economy, with a pay-back period of 24 to 36 years, in some cases.

Keywords: Civil construction, design, thermal performance, energy, economic analysis.

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102 Highly Accurate Tennis Ball Throwing Machine with Intelligent Control

Authors: Ferenc Kovács, Gábor Hosszú

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The paper presents an advanced control system for tennis ball throwing machines to improve their accuracy according to the ball impact points. A further advantage of the system is the much easier calibration process involving the intelligent solution of the automatic adjustment of the stroking parameters according to the ball elasticity, the self-calibration, the use of the safety margin at very flat strokes and the possibility to placing the machine to any position of the half court. The system applies mathematical methods to determine the exact ball trajectories and special approximating processes to access all points on the aimed half court.

Keywords: Control system, robot programming, robot control, sports equipment, throwing machine.

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101 Teaching Translation in Brazilian Universities: A Study about the Possible Impacts of Translators’ Comments on the Cyberspace about Translator Education

Authors: Erica Lima

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The objective of this paper is to discuss relevant points about teaching translation in Brazilian universities and the possible impacts of blogs and social networks to translator education today. It is intended to analyze the curricula of Brazilian translation courses, contrasting them to information obtained from two social networking groups of great visibility in the area concerning essential characteristics to become a successful profession. Therefore, research has, as its main corpus, a few undergraduate translation programs’ syllabuses, as well as a few postings on social networks groups that specifically share professional opinions regarding the necessity for a translator to obtain a degree in translation to practice the profession. To a certain extent, such comments and their corresponding responses lead to the propagation of discourses which influence the ideas that aspiring translators and recent graduates end up having towards themselves and their undergraduate courses. The postings also show that many professionals do not have a clear position regarding the translator education; while refuting it, they also encourage “free” courses. It is thus observed that cyberspace constitutes, on the one hand, a place of mobilization of people in defense of similar ideas. However, on the other hand, it embodies a place of tension and conflict, in view of the fact that there are many participants and, as in any other situation of interlocution, disagreements may arise. From the postings, aspects related to professionalism were analyzed (including discussions about regulation), as well as questions about the classic dichotomies: theory/practice; art/technique; self-education/academic training. As partial result, the common interest regarding the valorization of the profession could be mentioned, although there is no consensus on the essential characteristics to be a good translator. It was also possible to observe that the set of socially constructed representations in the group reflects characteristics of the world situation of the translation courses (especially in some European countries and in the United States), which, in the first instance, does not accurately reflect the Brazilian idiosyncrasies of the area.

Keywords: Cyberspace, teaching translation, translator education, university.

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100 Constitutional Complaint as an Instrument of Fulfilling the Worker ׳s Rights in Croatian Legal System

Authors: Dragana Bjelić, Mirela Mezak Stastny

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This paper begins with formal defining of human rights and freedoms, and the basic document regarding the said subject is undoubtedly French Declaration of the Rights of Man and of the Citizen from 789. This paper furthermore parses legal sources relevant for the workers' rights in legal system of the Republic of Croatia, international contracts and the Labour Act, which is also a master bill regarding workers' rights The authors are also dealing with issues of Constitutional Court of the Republic of Croatia and its' position in judicial system of the Republic of Croatia, as well as with the specifics of Constitutional Complaint, and the crucial part of the paper is based on the research conducted with an aim to determine implementation of rights and liberties guaranteed by the articles 54. and 55. of the Constitution of the Republic of Croatia by means of Constitutional Complaint.

Keywords: a right to work, a freedom of work, Constitutional Court of Republic of Croatia, Constitutional Complaint.

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99 Embodied Energy in Concrete and Structural Masonry on Typical Brazilian Buildings

Authors: Marco A. S. González, Marlova P. Kulakowski, Luciano G. Breitenbach, Felipe Kirch

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The AEC sector has an expressive environmental responsibility. Actually, most building materials have severe environmental impacts along their production cycle. Professionals enrolled in building design may choice the materials and techniques with less impact among the viable options. This work presents a study about embodied energy in materials of two typical Brazilian constructive alternatives. The construction options considered are reinforced concrete structure and structural masonry. The study was developed for the region of São Leopoldo, southern Brazil. Results indicated that the energy embodied in these two constructive systems is approximately 1.72 GJ·m-2 and 1.26 GJ·m-2, respectively. It may be concluded that the embodied energy is lower in the structural masonry system, with a reduction around to 1/4 in relation to the traditional option. The results can be used to help design decisions.

Keywords: Civil construction, sustainability, embodied energy.

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98 Environmental Analysis of Springs in Urban Areas–A Methodological Proposal

Authors: Milton Pavezzi Netto, Gustavo D'Almeida Scarpinella, Ricardo Siloto da Silva

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The springs located in urban areas are the outpouring of surface water, which can serve as water supply, effluent receptors and important local macro-drainage elements. With unplanned occupation, non-compliance with environmental legislation and the importance of these water bodies, it is vital to analyze the springs within urban areas, considering the Brazilian forest code. This paper submits an analysis and discussion methodology proposal of environmental compliance functions of urban springs, by means of G.I.S. - Geographic Information System analysis - and in situ analysis. The case study included two springs which exhibit a history of occupation along its length, with different degrees of impact. The proposed method is effective and easy to apply, representing a powerful tool for analyzing the environmental conditions of springs in urban areas.

Keywords: Springs, urban area, Brazilian forest code.

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97 Physical Education in the Brazilian Educational Law and National Curriculum Guidelines

Authors: Aline Dessupoio Chaves, Carla N. Luguetti, Michele Viviene Carbinatto

Abstract:

The aim of this study was to establish the relationship between the principles of Educational Sport and the objectives of Physical Education in two brasilian laws: National Curriculum Guidelines (PCNs) for the Elementary and Middle School Levels and the Guidelines and Basis Legislation (LDB). The method used was the survey analysis in order to determine the practices present in, or the opinions of, a specific population. The instrument used in this research was a questionnaire. After a broad review of the bibliography and according to the methodological procedures, the aim was to set the relationships between the Principles of Educational Sport and the objectives of Physical Education, according to the Brazilian Law (LDB) and National Curriculum Guidelines (PCNs) in a table made under the analysis of a group of specialists. As the relation between the principles of Educational Sport and the objectives of School Physical Education have shown, we can state that School Physical Education has gained pedagogical security for the potential use of Educational Sport as part of its contents.

Keywords: Educational sport, physical education, education.

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96 Endeavor in Management Process by Executive Dashboards: The Case of the Financial Directorship in Brazilian Navy

Authors: R. S. Quintal, J. L. Tesch Santos, M. D. Davis, E. C. de Santana, M. de F. Bandeira dos Santos

Abstract:

The objective is to identify the contributions from the introduction of the computerized system deal within the Accounting Department of Brazilian Navy Financial Directorship and its possible effects on the budgetary and financial harvest of Brazilian Navy. The relevance lies in the fact that the management process is responsible for the continuous improvement of organizational performance through higher levels of quality in their activities. Improvements in organizational processes have direct effects on crops cost, quality, reliability, flexibility and speed. The method of study of this research is the case study. The choice of case study attended, among other demands, a need for greater flexibility to study processes related to a computerized system. The sources of evidence were used literature, documentary and direct observation. Direct observation was made by monitoring the implementation of the computerized system in the Division of Management Analysis. The main findings of the study point to the fact that the computerized system may contribute significantly to the standardization of information. There was improvement of internal processes in the division of management analysis, made possible the consolidation of a standard management and performance analysis that contribute to global homogeneity in the treatment of information essential to the process of decision making. This study has limitations related to the fact the search result be subject exclusively to the case studied, and it is impossible to generalize to other organs of government.

Keywords: Process Management, Management Control, Business Intelligence.

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95 The Impact of ISO 9001 Certification on Brazilian Firms’ Performance: Insights from Multiple Case Studies

Authors: Matheus Borges Carneiro, Fabiane Letícia Lizarelli, José Carlos de Toledo

Abstract:

The evolution of quality management by companies was strongly enabled by, among others, ISO 9001 certification, which is considered a crucial requirement for several customers. Likewise, performance measurement provides useful insights for companies to identify the reflection of their decision-making process on their improvement. One of the most used performance measurement models is the balanced scorecard (BSC), which uses four perspectives to address a firm’s performance: financial, internal process, customer satisfaction, and learning and growth. Since ISO 9001 certified firms are likely to measure their performance through BSC approach, it is important to verify whether the certificate influences the firm performance or not. Therefore, this paper aims to verify the impact of ISO 9001:2015 on Brazilian firms’ performance based on the BSC perspective. Hence, nine certified companies located in the Southeast region of Brazil were studied through a multiple case study approach. Within this study, it was possible to identify the positive impact of ISO 9001 on firms’ overall performance, and four Critical Success Factors (CSFs) were identified as relevant on the linkage among ISO 9001 and firms’ performance: employee involvement, top management, process management, and customer focus. Due to the COVID-19 pandemic, the number of interviews was limited to the quality manager specialist, and the sample was limited since several companies were closed during the period of the study. This study presents an in-depth analysis of how the relationship between ISO 9001 certification and firms’ performance in a developing country is.

Keywords: Balanced scorecard, Brazilian firms’ performance, critical success factors, ISO 9001 certification, performance measurement.

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