Public Policy

This chapter presents a series of public policy measures that were implemented in educational contexts in Brazil and in most South American countries during the pandemic period. These measures, like guidelines, methodological suggestions, analogue and digital teaching materials, kits, and even the provision of food for the poorest members of the population, among other factors, sought to cover a wide variety of realities. The relevant fact is that many educational problems are still being faced and that these actions were incipient since they had to cover public schooling in basic education, a level where there was no experience of distance education, with the emergency implementation of remote teaching. This means that we must be more sensitive to specific actions in certain regions and also to adaptability, creativity, and inventiveness to rethink basic distance learning.

The Optimum Replacement of Fine Recycled Concrete Aggregate on the Compressive and Splitting Tensile Strength of the Concrete

The increasing demand of new construction, the more amount of natural materials was used. This is because, quick populace development and urbanization dramatically affect the expanded interest for development of construction market. Due to this case, many countries were forced to rearrange, renovate and also demolished old building to design a new concept of building that covered more occupants in building than old building concept. There was a high mindfulness on the need to give elective utilization to reused materials, particularly in the development of construction field. This resulted in the idea of making use of fine recycled concrete aggregate (FRCA) in the concrete as fine aggregate replacement. It had been proved that with the right percentage of FRCA replacement can produce a concrete which performed better than the normal concrete. Most of the previous studies agreed that the replacement should took place within the range of 10% - 30% to make the concrete work optimally. However, within that range, the best optimal replacement shows on the 20% as there is no decreases in concrete strength. It was also found that the density of FRCA concrete was lower than the normal concrete due to the porosity properties of FRCA resulted to the high-water absorption rate. The physical properties of FRCA somehow tends to effecting the concrete performance positively and also negatively, that is why it is vital to get a better understanding about the recycled concrete aggregate (RCA) so that it could be used and provide a clear relevant fact for the industries to start review the existing regulation and consider the use of RCA in the concrete making.

Hormonal and biochemical changes in female Proechimys guyannensis, an animal model of resistance to pilocarpine-induced status epilepticus

The Amazon rodent Proechimys guyannensis is widely studied for hosting various pathogens, though rarely getting sick. Previous studies on male Proechimys have revealed an endogenous resistance to epilepsy. Here, we assess in female Proechimys, whether sex hormones and biochemical aspects can interfere with the induction of status epilepticus (SE). The lithium-pilocarpine ramp-up protocol was used to induce SE, and blood sera were collected at 30 and 90 min after SE, alongside brains, for biochemical, western blot and immunohistochemical analyses. Results from non-ovariectomised (NOVX) Proechimys were compared to ovariectomised (OVX) animals. Data from female Wistars were used as a positive control of SE inductions. SE latency was similar in NOVX, OVX, and female Wistars groups. However, the pilocarpine dose required to induce SE in Proechimys was higher (25- to 50-folds more). Despite a higher dose, Proechimys did not show strong SE like Wistars; they only reached stage 2 of the Racine scale. These data suggest that female Proechimys are resistant to SE induction. Glucose and progesterone levels increased at 30 min and returned to normal at 90 min after SE. A relevant fact because in humans and rodents, SE leads to hypoglycaemia after 30 min of SE and does not return to normal levels in a short time, a typical adverse effect of SE. In OVX animals, a decrease in GABAergic receptors within 90 min of SE may suggest that ovariectomy produces changes in the hippocampus, including a certain vulnerability to seizures. We speculate that progesterone and glucose increases form part of the compensatory mechanisms that provide resistance in Proechimys against SE induction.

Sham Marriage in the Russian Family Law: The Problems of Legal Adjustment and the Ways of Their Solution

The essential features of the concept of the sham marriage are considered (registration of marriage, the expression of the will of the couple to register marriage, and the lack of intention to create a family). The analysis of the legal grounds for the emergence of marriage bona fide spouse rights in case of the invalidity of the sham marriage and the rehabilitation of the sham marriage, which are sets of legal facts, is carried out. The authors argue for the possibility of invalidating the sham marriage after the death of the spouses. There is a critical point of view on the issue of establishing administrative or criminal liability for the sham marriage if only private rights are violated. It is advisable to protect private rights violated by the sham marriage by means of private law, which allows ensuring the personal privacy. At the same time, the commission of the sham marriage can be considered as a qualifying feature of an illegal act that violates public law (violation of the procedure for admission to citizenship, acquisition of the right to state benefits, and others), or as an aggravating circumstance when imposing the appropriate punishment. In the comparative legal aspect, the system of measures to counteract the sham marriages is considered. Given that the liberalization of views on cohabitation and the possible de lege ferenda recognition of their legal force will complicate the problem of fictitious marriages, it is proposed to put the recognition of the status of spouses for cohabitees under the condition of providing evidence of the creation of a family and establishing the relevant fact in court.

Immobilization of lipase in biochar obtained from Manihot esculenta Crantz

The immobilized enzymes are catalysts of great industrial interest, as it unites the advantages of heterogeneous catalysis with the high selectivity and mild operation conditions of the enzymes. Biochar is a porous carbonaceous material, which have characteristic that it makes a strong candidate to incorporate enzymes in its structure. Another relevant fact is the possibility of changes and adaptations by synthesis condition in the biochar structure due to the application needs. In this context, the objective of this work was the study of immobilization of lipase (type II, code l3126, Sigma Aldrich) in a biochar produced by pyrolysis (600oC) from an agricultural residue called cassava stump. It was evaluated different enzymatic concentrations (0.1, 0.25 and 0.5 g/L) in order to determine the affinity between the enzyme and biochar. The obtained results showed that the enzyme studied could be easily immobilized in the biochar, obtaining as immobilization yield 61.2% when using the highest concentration of enzyme.

On the Ontological Status and Verifiability of Some Criminal-Law Concepts. An Experience of Deconstruction of Intentional Guilt

The author explores the problem of ontological status and ontological grounds of such criminal-law concept as «intentional guilt» by means of serial phenomenological deconstruction. It is concluded that intentional guilt is an artificial construction rather than a natural characteristic of a man. This construction consolidates different elements. Their differences have an ontological character and require improvement of the system of verification while implementing criminal legislation. The problem of verifying (confirming by experience and not simply establishing) legal characteristics of elements of the crime and their accurate assessment can be resolved on the basis of the principle of non-reduction of a relevant fact to its normative type. The author offers considering an element of a crime as a model of criminological reality. The relation between reality and this model is the relation between a relevant fact and its normative type. The substantial characters istics of a fact don’t concur with normative criterion of assessment of juridical qualities in an ontological aspect. The last should not substitute the first, because they are the grounds for verification of normative concepts.

Where Does Truth Lie? The Challenges and Imperatives of Fact-Finding in Trial, Appellate, Civil and Criminal Courts and International Commissions of Inquiry

The author takes three instances to illustrate the difficult but essential task of fact-finding in formal decision-making. The first concerns the residual fact-finding responsibility of appellate courts when scrutinising fact-finding in primary civil proceedings, with an emphasis on incontrovertible facts. The second involves criminal appeals where the prosecution has presented a compelling case of circumstantial evidence, but a retrial may be required because of an unbalanced judicial direction. The third involves an international commission of inquiry on human rights where the state concerned refuses to cooperate yet demonstrates faulty testimony (later acknowledged) by a witness. Human decision-making is always subject to error, whether on the facts or the law. However, that risk cannot impede the imperatives of decision-making and of explaining relevant fact-finding in the most convincing way possible, so as to discharge the ultimate responsibility of reaching a reasoned decision.

Lealtad constitucional y democracia // Constitutional Loyalty and Democracy

Resumen:El presente estudio se enmarca en la problemática de la vigencia y eficacia de la Constitución de 1978 a partir de la configuración dogmática del principio de lealtad. Se parte para ello de un dato relevante: la lealtad no encuentra un acomodo específico en el texto de nuestra Carta Magna, aunque ha sido elaborado doctrinal y jurisprudencialmente en otros sectores del ordenamiento, en otros niveles de gobierno y en el derecho comparado. Sin embargo, su vigencia es evidente e incluso necesaria a la luz de la evolución de nuestro sistema constitucional, sin que este ámbito de estudio haya recibido un análisis detenido por la doctrina. La lealtad se conecta, por ello con un triple postulado: el principio democrático, la supremacía constitucional en perspectiva multinivel, y la doble dimensión formal/material de la Constitución; pero sobre todo confronta y conjuga la necesaria compatibilidad del derecho con la política, y de la ley con la democracia. Desde estas premisas el presente trabajo analiza el origen y evolución del principio, y su fundamento y justificación, para con posterioridad abordar la proyección de la lealtad hacia el ordenamiento, hacia la configuración del poder, y hacia el constitucionalismo multinivel.Abstract:The analysis carried out in this paper addresses the problematic issue of the validity and effectiveness of the 1978 Constitution, on the basis of a dogmatic approach to the loyalty principle. The paper starts with the relevant fact that loyalty cannot be expressly found in the constitutional text of the Spanish Magna Carta, albeit case-law and scholars have developed said concept in other areas of the legal order, for other levels of government and in Comparative Law. Nevertheless, its validity is not only apparent but necessary in light of the evolution of our constitutional system, and yet, this issue has not been thoroughly examined by the legal doctrine. Hence, loyalty is argued to be based on three tenets: the democratic principle, constitutional supremacy from a multi-level perspective, and the twofold formal/material dimension of the Constitution. Above all, the loyalty principle confronts and brings together the much needed compatibility between Law and Politics in addition to that between Law and Democracy. On this basis, the present paper explores not only the origin and evolution of the loyalty principle, but also its basis and rationale, so as to address its role in the legal order and in the context of the configuration of power and of multi-level constitutionalism. Summary:1. Premises. 2. Origin and evolution of the principle of constitutional loyalty. 3. Legal basis and rationale behind the principle of constitutional loyalty. 4. Constitutional loyalty and the legal order. 5. Constitutional loyalty and the exercise of power. 6. Constitutional loyalty in a multi-level system of governance. 7. Conclusions.

Part III Presumptions and Inferences, 8 Inferences from Evidence or Its Absence

This chapter discusses the use of inferences. The use of inferences means that the tribunal makes a determination of fact that is not premised upon direct evidence. The tribunal thus is convinced of the truth of a fact despite the absence of a document or witness testimony that would establish that fact first hand. Such findings of fact are relatively frequent, especially when documents are scarce and witness testimony is self-serving. An inference refers thus to a conclusion that as a matter of plausibility a fact must be true in light of other relevant and probative record evidence as well as party conduct in the arbitral proceedings. Moreover, the plausibility of an inference is governed by the same standard of proof as the proof of the relevant fact by direct evidence.

Humanism

ABSTRACTI defend a form of humanism on which we have reason to care about human beings that we do not have to care about other animals, and human beings have rights against us that other animals lack. Humanism respects the equal worth of those born with severe congenital cognitive disabilities. I address the charge of speciesism and explain how being human is an ethically relevant fact.