scholarly journals Da Prisão por Dívida Alimentar e o Pacto de San José da Costa Rica

Author(s):  
Guilherme Domingos De Luca ◽  
Laura Bazzote Borges

DA PRISÃO POR DÍVIDA ALIMENTAR E O PACTO SAN JOSÉ DA COSTA RICA  IMPRISONMENT FOR NONCOMPLIANCE WITH CHILD SUPPORT ORDER AND THE PACT OF SAN JOSE, COSTA RICA   Guilherme Domingos de Luca*Laura Bazotte Borges**  RESUMO: O presente estudo, inserido na linha de pesquisa “Fundamentos dogmáticos da experiência Jurídica”, visa a analisar o instituto da “Prisão civil por dívida alimentar na relação de parentesco em face do impacto gerado pelo Pacto de San José da Costa Rica”, sob enfoque da aplicação do instituto dos alimentos na relação de parentesco. Em razão das controvérsias, será estudado o status normativo ao qual o Pacto foi elevado no ordenamento jurídico brasileiro, em decorrência da promulgação da Emenda Constitucional nº 45/2004. A pesquisa foi pautada na análise de doutrinas, em especial das obras de direito de família, buscando apontar o status normativo do Pacto, visto que este tratado prevê a prisão civil do inadimplente da obrigação alimentar, após a promulgação da Emenda Constitucional nº 45/2004. Trata-se da metodologia dedutiva, que levou em consideração as comparações bibliográficas, para se concluir qual a real importância desta norma internacional no direito positivo vigente. PALAVRAS-CHAVE: Alimentos. Prisão Civil. Pacto de São José da Costa Rica. ABSTRACT: This study aims to analyze the institute of “civil imprisonment for noncompliance with child support order in face of the impact generated by the Pact of San José, Costa Rica”. Because of the controversy, the legal status of this Pact in the Brazilian legal system and the implications of the enactment of Constitutional Amendment 45/2004 will be studied. The research was based on the analysis of opinions from legal theorists, especially in the family law field, seeking to identify the legal status of the Pact, since this treaty enables the imprisonment for noncompliance with child support order and was enacted after the Constitutional Amendment 45/2004, which forbids civil imprisonment. Through a deductive methodology, which took into account comparative literature, this research will help to dimension the real importance of this Pact in the current positive law.  KEYWORDS: Child Support. Civil Imprisonment. Pact of San Jose, Costa Rica. SUMÁRIO: SUMÁRIO: Introdução. 1 Origem e Conceituação. 2 Condições para se Decretar a Prisão Civil. 3 Ingresso dos Tratados no Ordenamento Jurídico Brasileiro. 4 Controvérsias do Status Jurídico da Prisão Civil. 5 Da Análise Jurisprudencial. Considerações Finais. Referências.* Mestre em Teoria do Direito e do Estado pelo Centro Universitário Eurípedes de Marília (UNIVEM), São Paulo. Especialista em Direito do Trabalho e Previdenciário pela Pontifícia Universidade Católica de Minas Gerais. Bolsista CAPES/PROSUP.** Especialista em Direito do Trabalho e Previdenciário pelo Centro Universitário Eurípedes de Marília (UNIVEM), São Paulo.

2020 ◽  
Vol 7 (1) ◽  
pp. 91
Author(s):  
Júlio Barboza Chiquetto ◽  
Maria Elisa Siqueira Silva ◽  
Rita Yuri Ynoue ◽  
Flávia Noronha Dutra Ribieiro ◽  
Débora Souza Alvim ◽  
...  

A poluição do ar é influenciada por fatores naturais e antropogênicos. Quatro pontos de monitoramento (veicular, comercial, residencial e background urbano (BGU))da poluição do ar em São Paulo foram avaliados durante 16 anos, revelando diferenças significativas devidoao uso do solo em todas as escalas temporais. Na escala diurna, as concentrações de poluentes primários são duas vezes mais altas nos pontos veicular e residencial do que no ponto BGU, onde a concentração de ozonio (O3) é 50% mais alta. Na escala sazonal, as concentrações de monóxido de carbono(CO) variaram em 80% devido ao uso do solo, e 55% pela sazonalidade.As variações sazonais ede uso do solo exercem impactos similares nas concentrações de O3 e monóxido de nitrogênio (NO). Para o material particulado grosso (MP10) e o dióxido de nitrogênio(NO2), as variações sazonais são mais intensas do que as por uso do solo. Na série temporal de 16 anos, o ponto BGU apresentou correlações mais fortes e significativas entre a média mensal de ondas longas (ROL) e o O3 (0,48) e o MP10 (0,37), comparadas ao ponto veicular (0,33 e 0,22, respectivamente). Estes resultados confirmam que o uso do solo urbano tem um papel significativo na concentração de poluentes em todas as escalas de análise, embora a sua influência se torne menos pronunciada em escalas maiores, conforme a qualidade do ar transita de um sistema antropogênico para um sistema natural. Isto poderá auxiliar decisões sobre políticas públicas em megacidades envolvendo a modificação do uso do solo.


2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Marcos Amaku ◽  
Dimas Tadeu Covas ◽  
Francisco Antonio Bezerra Coutinho ◽  
Raymundo Soares Azevedo ◽  
Eduardo Massad

Abstract Background At the moment we have more than 177 million cases and 3.8 million deaths (as of June 2021) around the world and vaccination represents the only hope to control the pandemic. Imperfections in planning vaccine acquisition and difficulties in implementing distribution among the population, however, have hampered the control of the virus so far. Methods We propose a new mathematical model to estimate the impact of vaccination delay against the 2019 coronavirus disease (COVID-19) on the number of cases and deaths due to the disease in Brazil. We apply the model to Brazil as a whole and to the State of Sao Paulo, the most affected by COVID-19 in Brazil. We simulated the model for the populations of the State of Sao Paulo and Brazil as a whole, varying the scenarios related to vaccine efficacy and compliance from the populations. Results The model projects that, in the absence of vaccination, almost 170 thousand deaths and more than 350 thousand deaths will occur by the end of 2021 for Sao Paulo and Brazil, respectively. If in contrast, Sao Paulo and Brazil had enough vaccine supply and so started a vaccination campaign in January with the maximum vaccination rate, compliance and efficacy, they could have averted more than 112 thousand deaths and 127 thousand deaths, respectively. In addition, for each month of delay the number of deaths increases monotonically in a logarithmic fashion, for both the State of Sao Paulo and Brazil as a whole. Conclusions Our model shows that the current delay in the vaccination schedules that is observed in many countries has serious consequences in terms of mortality by the disease and should serve as an alert to health authorities to speed the process up such that the highest number of people to be immunized is reached in the shortest period of time.


2021 ◽  
Vol 13 (11) ◽  
pp. 6185
Author(s):  
André Ruoppolo Biazoti ◽  
Angélica Campos Nakamura ◽  
Gustavo Nagib ◽  
Vitória Oliveira Pereira de Souza Leão ◽  
Giulia Giacchè ◽  
...  

During the initial months of the COVID-19 pandemic, farmers worldwide were greatly affected by disruptions in the food chain. In 2020, São Paulo city experienced most of the effects of the pandemic in Brazil, with 15,587 deaths through December 2020. Here, we describe the impacts of COVID-19 on urban agriculture (UA) in São Paulo from April to August 2020. We analyzed two governmental surveys of 2100 farmers from São Paulo state and 148 from São Paulo city and two qualitative surveys of volunteers from ten community gardens and seven urban farmers. Our data showed that 50% of the farmers were impacted by the pandemic with drops in sales, especially those that depended on intermediaries. Some farmers in the city adapted to novel sales channels, but 22% claimed that obtaining inputs became difficult. No municipal support was provided to UA in São Paulo, and pre-existing issues were exacerbated. Work on community gardens decreased, but no garden permanently closed. Post COVID-19, UA will have the challenge of maintaining local food chains established during the pandemic. Due to the increase in the price of inputs and the lack of technical assistance, governmental efforts should be implemented to support UA.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M E L Brandao ◽  
B A L F Braga ◽  
M L C Martins ◽  
P L A A Pereira

Abstract Santos is a seaboard Brazilian city recognized by its port activity where the road and rail infrastructure along with the large transportation operation, displays an important factor to contribute with all kinds of toxic and air pollutants. Recent studies have suggested associations between air pollution and various birth outcomes. Pollutant gases such as NOx, O3 and particulate matter PM2,5, PM10 have been cited as factors involved in such outcomes. The present study aims to assess the relationship between atmospheric pollutants and perinatal outcomes in the city of Santos from Jan. 2012 to Dec. 2015. Cross-sectional study that analyzed 10.319 singleton births in an area set with 2 km radius of the monitoring stations. Birth weight and information on mother and pregnancy were obtained at the Brazilian “Born Alive National Information System”. Daily records of air pollutants (PM10, PM2.5, NO2 and O3), temperature and relative air humidity, for the study period, were obtained from São Paulo State Environmental Agency (CETESB). Associations between preterm birth and air pollutants mean levels at each gestational trimester were investigated using multiple logistic regression model controlled by the variables: infant sex, type of delivery, maternal education. prenatal care, and number of previous live births, temperature and relative air humidity. NO2 e PM2,5 was not associated with preterm birth. O3 was significantly associated in the first trimester in the fourth quartile (OR = 1,47 CI 95% 1,05; 2,07). PM10 was significantly associated in the first trimester for the fourth quartile (OR = 1,28 CI 95% 1,00; 1,64), second trimester for the second quartile (OR = 1,37 CI 95% 1,07; 1,77). Conclusions the results shows evidence that maternal exposure to air pollution especially during the first trimester of pregnancy may contribute to preterm birth. Further actions are needed towards controlling air pollution are strongly recommended for promoting early-life health. Key messages This is the first research of this kind that was made in Santos. It brings important evidence of the impact in the life of the population, especially those whose is not even born yet. It can be used as a resource to guide public policies in health, especially the guidelines that dictate the concentration of air pollutants and air quality.


2016 ◽  
Vol 16 (2) ◽  
pp. 777-797 ◽  
Author(s):  
A Vara-Vela ◽  
M. F. Andrade ◽  
P. Kumar ◽  
R. Y. Ynoue ◽  
A. G. Muñoz

Abstract. The objective of this work is to evaluate the impact of vehicular emissions on the formation of fine particles (PM2.5;  ≤  2.5 µm in diameter) in the Sao Paulo Metropolitan Area (SPMA) in Brazil, where ethanol is used intensively as a fuel in road vehicles. The Weather Research and Forecasting with Chemistry (WRF-Chem) model, which simulates feedbacks between meteorological variables and chemical species, is used as a photochemical modelling tool to describe the physico-chemical processes leading to the evolution of number and mass size distribution of particles through gas-to-particle conversion. A vehicular emission model based on statistical information of vehicular activity is applied to simulate vehicular emissions over the studied area. The simulation has been performed for a 1-month period (7 August–6 September 2012) to cover the availability of experimental data from the NUANCE-SPS (Narrowing the Uncertainties on Aerosol and Climate Changes in Sao Paulo State) project that aims to characterize emissions of atmospheric aerosols in the SPMA. The availability of experimental measurements of atmospheric aerosols and the application of the WRF-Chem model made it possible to represent some of the most important properties of fine particles in the SPMA such as the mass size distribution and chemical composition, besides allowing us to evaluate its formation potential through the gas-to-particle conversion processes. Results show that the emission of primary gases, mostly from vehicles, led to a production of secondary particles between 20 and 30 % in relation to the total mass concentration of PM2.5 in the downtown SPMA. Each of PM2.5 and primary natural aerosol (dust and sea salt) contributed with 40–50 % of the total PM10 (i.e. those  ≤  10 µm in diameter) concentration. Over 40 % of the formation of fine particles, by mass, was due to the emission of hydrocarbons, mainly aromatics. Furthermore, an increase in the number of small particles impaired the ultraviolet radiation and induced a decrease in ozone formation. The ground-level O3 concentration decreased by about 2 % when the aerosol-radiation feedback is taken into account.


BMC Medicine ◽  
2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Otavio T. Ranzani ◽  
Carlos R. R. Carvalho ◽  
Eliseu A. Waldman ◽  
Laura C. Rodrigues

Author(s):  
Fahad Khamis Ahmad Al- fahdi

The importance of this research lies in identifying the significance of giving due regard to the jurisprudential maxims, especially those related to judicial work. Islamic jurists have paid attention to the maxim of “lot upon dispute” to console the souls and reconcile litigants. This maxim represents the highest and loftiest degrees of social interactions in the Islamic community depending on a prudent Quranic provision and wise prophetic Sunnah. This study is divided into three subjects: First: the definitions of study terms. Second: the researcher addresses the impact of the maxim in the judiciary literature and related topics in the code of procedures, personal affairs and civil transactions. Third: the researcher mentions some exceptions of maxim and the characteristic of lot, then clarifies the legal status of the maxim. The researcher concludes the study with the most important results, such as the jurisprudential maxim combines different issues in a phase of an eloquent meaning and precise wording. Jurists adopt this maxim more than the people of law do in order to achieve justice and block the accusation door. The study refers also to the necessity that those who work in the judiciary work should consider these jurisprudential maxims through establishment and application. Judge or arbitrator shall also act upon this maxim, and seek to reconcile between people through balloting. In addition, the specialized colleges and universities shall adopt the “lot upon dispute” maxim, and exert due diligence in studying it and any subdivided contemporary issues.


PLoS ONE ◽  
2021 ◽  
Vol 16 (8) ◽  
pp. e0256092
Author(s):  
Tatiane Fernandes Novaes ◽  
Maisa Camillo Jordão ◽  
Carlos Felipe Bonacina ◽  
André Oswaldo Veronezi ◽  
Carlos Ariel Rodrigues de Araujo ◽  
...  

The state of São Paulo, Brazil, where more than 94.000 dentists are currently registered, has become the epicenter of COVID-19 in Latin America. The aim of this cross-sectional study was to evaluate the impact of COVID-19 pandemic on dentists in this state. A semi-structured questionnaire was sent via e-mail to 93.280 dentists with active registration in the Dental Council of São Paulo (CROSP). The impact of COVID-19 pandemic was assessed through questions related to demographic, socioeconomic, dental practice characteristics and personal protective equipment (PPE) use. Ordinal logistic regression analysis was performed to investigate the association between all the variables (p<0.05). Over 8 days, 2113 responses were received. Only 26.52% of the sample reported a low-income reduction (from 0–10%), while the majority of dentists reported a more negative financial impact, 35.6% with a reduction of more than 50% of their monthly income. Dentists who worked in the private sector and at the capital had a greater financial impact when compared to those of the public sector and countryside of the state (p<0.05). Furthermore, about 83% reported not having received any specific training to control the transmission of coronavirus in the health area. This study provides evidence of the negative impact of the COVID-19 pandemic on the routine of dentists in the state of São Paulo, Brazil. Hopefully, this study will help dental and other health care professionals to better understand the consequences of disease in dental settings and strengthen preparedness throughout the dental health care system.


2013 ◽  
Vol 13 (12) ◽  
pp. 32353-32389 ◽  
Author(s):  
G. P. Almeida ◽  
J. Brito ◽  
C. A. Morales ◽  
M. F. Andrade ◽  
P. Artaxo

Abstract. Measurements of cloud condensation nuclei (CCN), aerosol size distribution and non-refractory chemical composition were performed from 16 to 31 October 2012 in the São Paulo Metropolitan Area (SPMA), Brazil. CCN measurements were performed at 0.2%, 0.4%, 0.6%, 0.8% and 1.0% water supersaturation and were subsequently compared with Köhler theory, considering the chemical composition. Real-time chemical composition has been obtained deploying for the first time in SPMA an Aerosol Chemical Ionization Monitor (ACSM). CCN closure analyses were performed considering internal mixture. Average aerosol composition during the studied period yielded 4.81 ± 3.05, 3.26 ± 2.10, 0.30 ± 0.27, 0.52 ± 0.32, 0.37 ± 0.21 and 0.04 ± 0.04 μg m−3 for organics, BC, NH4, SO4, NO3 and Cl, respectively. Particle number concentration was 12 813 ± 5350 cm−3, being a large fraction in the nucleation mode. CCN concentrations were on average 1090 ± 328 cm−3 and 3570 ± 1695 cm−3 at SS = 0.2% and SS = 1.0%, respectively. Results show an increase in aerosol hygroscopicity in the afternoon as a result of aerosol photochemical processing, leading to an enhancement of both organic and inorganic secondary aerosols in the atmosphere, as well as an increase in aerosol average diameter. Considering the bulk composition alone, CCN concentrations were substantially overpredicted (29.6 ± 45.1% at 0.2% supersaturation and 57.3 ± 30.0% at 1.0% supersaturation). Overall, the impact of composition on the calculated NCCN decreases with decreasing supersaturation, partially because using bulk composition introduces less bias for large diameters and lower critical supersaturations. Results suggest that the consideration of only inorganic fraction improves the calculated NCCN. Introducing a size-dependent chemical composition based on filter measurements from previous campaigns has considerably improved simulated values for NCCN (average overprediction error 3.0 ± 33.4% at 0.20% supersaturation and average under prediction error 2.4 ± 20.5% at 1.0% supersaturation). This study provides the first insight on aerosol real-time composition and hygroscopicity on a~site strongly impacted by emissions of a unique vehicular fleet due to the extensive biofuel usage.


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