Parte 1. Metodologias empíricas aplicadas ao direito -- Parte 2. O trabalho cotidiano dos juristas -- Parte 3. Os usos políticos do direito -- Parte 4. As profissões jurídicas em movimento -- Parte 5. As transformações sociais e as instituições jurídicas.

Se ha discutido en muchas ocasiones si la “leyenda negra” es algo real o un conjunto de opiniones a las que se concede un relieve injustificado. Se han dado también diferentes fechas para su origen y se ha indicado que está más guiada por una finalidad política que por un afán investigador. Más allá de su existencia, origen y valoración, lo que no varía son los presupuestos metodológicos e ideológicos con los que se construye el relato de su historia. Esta (...) práctica comenzó a inicios del siglo XX y continúa en nuestros días. Este artículo muestra que mucho antes de esa fecha, los rasgos característicos de la misma ya estaban presentes en _La falsa filosofía_, el escrito más citado del fraile reaccionario Fernando de Ceballos. (shrink)

Social identity poses one of the most important challenges to rational choice theory, but rational choice theorists do not hold a common position regarding identity. On one hand, externalist rational choice ignores the concept of identity or reduces it to revealed preferences. On the other hand, internalist rational choice considers identity as a key concept in explaining social action because it permits expressive motivations to be included in the models. However, internalist theorists tend to reduce identity to desire—the desire of (...) a person to express his or her social being. From an internalist point of view, that is, from a viewpoint in which not only desires but also beliefs play a key role in social explanations as mental entities, this article rejects externalist reductionism and proposes a redefinition of social identity as a net of beliefs about oneself, beliefs that are indexical, robust, and socially shaped. (shrink)

O presente artigo conta investigar o processo de constituição da estética musical a partir da teoria da arte elaborada por F. W. J. von Schelling. Para tanto, espera-se mostrar a maneira pela qual o filósofo alemão procura redimensionar as bases que davam sustentação à chamada estética sistemática para, a partir de uma ponderação extremamente inovadora, caracterizar a música como um objeto original de saber.

Este artigo objetiva apresentar os Conselhos de Políticas Públicas como instrumentos de aproximação da sociedade civil com o Estado. Busca-se debater se referidos institutos estão cumprindo de fato com sua função de efetivar o Estado Democrático de Direito. Para tanto, utilizou-se o método analítico-dedutivo, com enfoque em pesquisas bibliográficas e legislativas. Os conselhos, por serem instâncias formais na esfera pública, proporcionam a manifestação democrática por meio da participação ativa da sociedade no exercício de sua cidadania, conquanto seja necessária uma reconfiguração (...) da própria cultura participativa. (shrink)

Este artigo trata do lugar de Palestrina no primeiro período da filosofia de Nietzsche. Na tentativa de situar o célebre compositor renascentista no seio de algumas observações articuladas pelo filósofo alemão, mostrar-se-á, qual instigante e invulgar problemática acerca da origem da linguagempode, a partir de tal registro teórico, vir à tona.

Introduction: The present study aimed to investigate the effects of two high-intensity interval training shuttle-run-based models, over ten weeks on aerobic, anaerobic, and neuromuscular parameters, and the association of the training load and heart rate variability with the change in the measures in young futsal players. Methods: Eleven young male futsal players participated in this study. This pre-post study design was performed during a typical 10 weeks training period. HIIT sessions were conducted at 86% and 100% of peak speed of (...) the FIET. Additionally, friendly and official matches, technical-tactical and strength-power training sessions were performed. Before and after the training period, all players performed the FIET, treadmill incremental, repeated sprint ability, sprint 15-m, and vertical jump tests, and the HRV was measured. Training load was monitored using the session rating of perceived effort. Data analysis was carried out using Bayesian inference methods. Results: The HIIT86 model showed clear improvements for the peak oxygen uptake, peak speed in the treadmill incremental test, first and second ventilatory thresholds, RSA best and mean times, CMJ, and SJ. The HIIT100 model presented distinct advances in VO2peak, peak speed in the treadmill incremental test, RSA mean time, and CMJ. Between HIIT models comparisons showed more favorable probabilities of improvement for HIIT86 than HIIT100 model in all parameters. TL data and HIIT models strongly explained the changes in the RSA mean and best times, as well as HRV changes, and HIIT models explained positively VO2peak changes. All other changes in the parameters were low to moderately explained. Conclusion: The HIIT86 proved to be more effective for improving aerobic, RSA, and neuromuscular parameters than HIIT100 during a typical 10-week futsal training period. So, strength and conditioning specialists prescribing shuttle-run intermittent exercises at submaximal intensities can manage the individual acceleration load imposed on athlete increasing or decreasing either the set duration or the frequency of change of direction during HIIT programming. (shrink)

The category of divine pathos had got its strongest expression in Abraham J. Heschel. The prophet has no ideas and concepts about God, the prophet is one who undergoes a transitive action of God. It is not a fusion with God, it is about being affected by the pathos of God. For Heschel the mystical experience is an ecstasy of human being; revelation is an ecstasy of God. It is not God that is an experience of human being; human being (...) is an experience of God. It derives from this not proper an unitive mystic, but a sympathetic mystic, which translates as a human response to the pains of God in the pains of the world. What the prophets testify is not the essence of the divine, but his pathos, his concern with human misery. The divine pathos is like a bridge thrown over the abyss that separates the human being from God. (shrink)

The discussion about the concept of enlightenment runs through the conception of Immanuel Kant, who thematized it as an exit from the individual from his condition of intellectual minority and guardianship of those who prevent the exercise of thinking for himself, impelling the achievement of autonomy that requires freedom and to make public use of reason. Such problematization about the difficulties interposed to the process of enlightenment can be related to the problem of estrangement in Marx, making the necessary considerations (...) in relation to the historical and social context of both philosophers. In this way, through philosophical investigation, it is possible to establish correlations of complementarities, differences and counterpoints between the different conceptions of Kant and Marx. Thus, we realize that the search for enlightenment depends on overcoming the material determinations of the set of alienations produced by the capitalist mode of production, aiming at the achievement of human emancipation understood as effective autonomous freedom. (shrink)

A presente discussão pretende relacionar a temática da literatura de Lourenço Mutarelli, a filosofia de Deleuze e Guattari com o princípio pluralista. A proposta consiste em sinalizar os elementos convergentes nas obras de Mutarelli com a proposta teológica pluralista. Para tanto analisará as obras: O Natimorto; Nada me faltará e O cheiro do ralo visando evidenciar as tônicas teológicas que nela existem e apresenta-las numa proposta de libertação comprometida com a vida e com a emancipação humana.

O impacto para a saúde mental dos filhos da gravidade da depressão materna (DM), em comorbidade com outros transtornos, carece de estudos. Objetivou-se comparar indicadores de saúde mental de escolares, considerando grupos diferenciados pela gravidade da DM com e sem comorbidade com Transtorno de Personalidade Borderline (TPB). Foram avaliadas 90 díades mães-crianças, distribuídas em três grupos, sistematicamente avaliados: Grupo Depressão (GD) - mães com indicadores de sintomas atuais de depressão e histórico de episódios anteriores, sem indicadores de TPB, Grupo Depressão (...) em Comorbidade com TPB (GD-TPB) - mães com sintomas depressivos atuais e histórico de episódios anteriores com comorbidade com indicadores de TPB, e Grupo de Comparação (GC) - mães sem histórico de sintomas depressivos nem indicadores de TPB. As crianças, de ambos os sexos, tinham idade entre seis e 10 anos. Procedeu-se às avaliações em sessões individuais: a) com as mães - Questionário Geral e Questionário Sobre a Saúde do Paciente, Entrevista Clínica TPB e Questionário de Capacidades e Dificuldades (SDQ); e b) com as crianças - Teste das Matrizes Progressivas Coloridas de Raven. Tratou-se os dados por procedimentos estatísticos (p ≤0,05). As crianças do GD-TPB apresentaram, com significância estatística, média maior que GD e GC quanto ao escore de problemas total, conduta, hiperatividade e problemas de relacionamento. Verificou-se associação da gravidade da DM com TPB com mais problemas de saúde mental infantil, caracterizando um grupo clínico preferencial para intervenções em saúde mental. (shrink)

O presente texto constitui-se como resenha do livro Foucault: pensador transversátil, de Laerthe de Moraes Abreu Junior. A obra reúne ensaios sobre diversos temas e conceitos presentes no pensamento foucaultiano, desde os mais conhecidos, como humanismo, ética, violência, sujeição e poder, até aqueles sobre os quais os estudiosos costumam se debruçar com menor frequência, caso dos escritos do filósofo francês sobre as artes plásticas, o cinema, a literatura e a música. O tratamento dado a esses temas revela como por trás (...) de sua pulverização e da aparente desconexão entre eles há uma obra caracterizada pela versatilidade e transversalidade de um pensador dedicado a compreender como o homem se tornou aquilo que é. (shrink)

This paper presents an overview of the activation of background knowledge during text comprehension. We first review the cognitive processes involved in the activation of inferences during text comprehension, stressing the interaction between text and reader in the construction of situation models. Second, we review evidence for embodied theories of cognition and discuss how this new framework can inform our understanding of the nature and role of background knowledge. We then review the neuropsychological data on the activation of background knowledge (...) during text comprehension. Finally, the paper presents existing and future challenges in researching the role of background knowledge both at a conceptual and a methodological level. (shrink)

Based on the hypothesis that modified human beings will have successful life projects, the biopolitical presuppositions of genetic manipulation in modern society are reflected. Considering the theories presented by Michel Foucault, Jürgen Habermas, Michael J. Sandel, Hans Jonas and Achille Mbembe, a genetic Africanization of the economically disadvantaged population is identified. In this scenario, concepts of class and race are confused and social prejudice increases. Faced with the new technologies of genetic engineering, gene manipulation presents itself as a new face (...) of biopower, since science now has the power to give life from the selection of characteristics considered superior. It is argued that the criticism surrounding the process of genetic manipulation is necessary as it opens the possibility of debating mutual recognition as a condition of life, above the identification of race or class, geographic location or other characteristics of the individuals that make up society. (shrink)

The 20th Century is the starting point for the most ambitious attempts to extrapolate human life into artificial systems. Norbert Wiener’s Cybernetics, Claude Shannon’s Information Theory, John von Neumann’s Cellular Automata, Universal Constructor to the Turing Test, Artificial Intelligence to Maturana and Varela’s Autopoietic Organization, all shared the goal of understanding in what sense humans resemble a machine. This scientific and technological movement has embraced all disciplines without exceptions, not only mathematics and physics but also biology, sociology, psychology, economics etc. (...) New terms were developed, such as “information”, “organization”, “entropy”, “communication”, “encryption”, “computation” and “algorithmics” to mention a few, all which had an enormous impact on artificial systems. Our work follows this historical track but with a reversed order of priorities. Instead of deducing a reduced group of human acts into an artificial environment, we deduce the human aspects of machines by extrapolating algorithmic methodologies into everyday life acts. The present informational theories were insufficiently powered to achieve this objective without developing a new theoretical approach. Hence, our research is directed towards an expansion of the current informational theories. (shrink)

Corruption involves greed, money, and risky decision-making. We explore the love of money, pay satisfaction, probability of risk, and dishonesty across cultures. Avaricious monetary aspiration breeds unethicality. Prospect theory frames decisions in the gains-losses domain and high-low probability. Pay dissatisfaction (in the losses domain) incites dishonesty in the name of justice at the individual level. The Corruption Perceptions Index, CPI, signals a high-low probability of getting caught for dishonesty at the country level. We theorize that decision-makers adopt avaricious love-of-money aspiration (...) as a lens and frame dishonesty in the gains-losses domain (pay satisfaction-dissatisfaction, Level 1) and high-low probability (CPI, Level 2) to maximize expected utility and ultimate serenity. We challenge the myth: Pay satisfaction mitigates dishonesty across nations consistently. Based on 6500 managers in 32 countries, our cross-level three-dimensional visualization offers the following discoveries. Under high aspiration conditions, pay dissatisfaction excites the highest- (third-highest) avaricious justice-seeking dishonesty in high (medium) CPI nations, supporting the certainty effect. However, pay satisfaction provokes the second-highest avaricious opportunity-seizing dishonesty in low CPI entities, sustaining the possibility effect—maximizing expected utility. Under low aspiration conditions, high pay satisfaction consistently leads to low dishonesty, demonstrating risk aversion—achieving ultimate serenity. We expand prospect theory from a micro and individual-level theory to a cross-level theory of monetary wisdom across 32 nations. We enhance the S-shaped Curve to three 3-D corruption surfaces across three levels of the global economic pyramid, providing novel insights into behavioral economics, business ethics, the environment, and responsibility. (shrink)

This paper examines the influence of internal barriers on the relationship between the organizational capability of stakeholder integration and proactive environmental strategies. We adopt a moderate hierarchical regression model to test the hypotheses using data from a sample of 73 managers in the business education industry. The paper contributes to stakeholder theory by showing that stakeholder integration positively influences the development of proactive environmental strategies when managers perceive internal barriers to the development of such strategies. This article also explores an (...) ethical dilemma—managers may use the stakeholder integration capability to support their own interests rather than to benefit stakeholders. (shrink)

Objective of the study: To analyze the costs and profits of sugarcane production regarding the cultural practices of sugarcane suppliers. Methodology/approach: This study positions itself in this gap by comparatively analyzing 6 types of cultural practices: unraveling, windrowing, application of correctives, herbicides, insecticides and fertilizers, with the option of two systems Fixed rate (TF) and Variable rate (TV). Originality/Relevance: Brazil is a world reference in sugarcane production, with the State of São Paulo being the largest Brazilian producer. However, for sugarcane (...) suppliers to maintain this activity there is a need to reduce production costs and increase profitability/ha. However, there is a theoretical-practical gap in the financial assessment (costs and profits) of different cultural practices inherent to sugarcane production. Main results: The results demonstrated that the costs of cultural practices represent more than 30% of the total sugarcane production costs. The TF system proved to be more cost-efficient in the following operations: correctives, herbicides and insecticides. In the application of fertilizers, the TV system, in broadcast mode, had the best result. Finally, the profit/ton was R$1.70, demonstrating a very low profit margin/ha given the risk of the activity. Theoretical/methodological contributions: The sample for this research comprised 55 sugarcane suppliers from the State of São Paulo, whose data were obtained through a survey. The comparative analysis was based on the difference in costs of cultural practices and the estimation of the level of certainty (profit/costs), analyzed through the cumulative frequency carried out through the Monte Carlo Simulation (SMC). (shrink)

This study aims to characterize the different types of certification in the Brazilian citriculture as well as analyze the major changes in the market. The paper also has the objective to discuss how social and environmental factors influence the demand for food certifications and the sustainability and ethics aspects in the field. Therefore, a literature review on the subject was carried out as well as a qualitative research using interviews with certifiers, governmental institutions, farmers, cooperatives and producer associations. The certification (...) is becoming mandatory for those working in foreign markets and for those working nationally; it can be a competitive differential. The organic certification in citriculture shows the highest number of growers. Companies with large areas of citrus and the orange juice processing industry are adhering to this certification in order to maintain themselves competitive in the market. There is an enormous potential of Brazilian citriculture certification, because the certified area is still less than 6 % of the total area. Certification reduces the asymmetry of information and consists of an important step towards sustainability although incapable of solely guaranteeing it. (shrink)

A patent is a property granted to any new shape, configuration or arrangement of elements, of any device, tool, instrument, mechanism or other object or part thereof, that allows for a better or different operation, use or manufacture of the object that incorporates it or that provides it with some utility, advantage or technical effect that it did not have before. As a document, a patent really is a title that recognizes the right to exploit the patented invention exclusively, preventing (...) others from making, selling or using it without the consent of the owner. The fact of making a patent is motivated by the fact of promoting creativity, hindering competition in the market as only one person holds the patent, thus protecting the initial investment and fighting against plagiarism. Patents are available to the public for dissemination and general knowledge. It is generally recognized in the specialized literature that patents can be used as an indicator to calculate the results generated by research and development activities, being a very useful indicator to measure various social, economic or technological aspects. For this reason, it is of relevant interest to have tools or systems that allow us to obtain the patents developed in a specific period of time and to carry out analyses of various economic and social factors. These analyses can serve to obtain a social perspective of society’s progress in the technological field, and this is why an analysis of patents is of our interest. This paper proposes a platform specifically designed to obtain knowledge about patents as an indicator of Spanish social, economic or technological aspects. For this purpose, the platform retrieves, analyses and visualizes functionalities that represent data on the landscape of patents obtained from the Spanish Patent and Trademark Office as a particular case of study. (shrink)

In Brazil, induced abortion in adolescents has been frequent in less-advantaged socioeconomic classes, and the vulnerability of these adolescents has not been addressed. Given this context, the present study sought to investigate the relationship between the practice of abortion and vulnerability in adolescents. This was a descriptive cross-sectional study of 201 adolescents who completed a structured questionnaire that allowed the analysis of variables with respect to intent to abort. The profile of the pregnant adolescents in the sample studied was the (...) following: average age, 16.1 years; stable partner; mulatas; did not use condoms during sexual relations; precocious with respect to their first sexual relations; and did not plan the pregnancy. According to the classification of the World Health Organization, 81.59% of the subjects‘ abortions were known to be induced. Twenty-one were vulnerable to induced abortion; of these, 13 reported forced sexual intercourse, of whom 8 reported that they had suffered associated violence. These results indicate that sexual violence and unwanted pregnancy subject adolescents to a context of greater vulnerability to induced abortion. Thus, it is suggested that this relationship should be considered from the perspective of bioethics and human rights, but always respecting the cultural values of the society in which the adolescents live, as well as their human dignity. (shrink)