Repositório RCAAP

This Master's dissertation aims at researching the control and accountability of arbitrators in arbitration processes at the national level. To better understand the theme, the study aims to analyze the historical evolution of arbitration, its legal nature, principles, characteristics, as well as the numbers of arbitration in Brazil, seeking to understand its dimension, the possibility of abuses of economic power in the midst of to the institute, as well as if there are and what are the civil responsibilities of the arbitrators, and also, if they answer for defects occurred in the execution of the system, including the ways in which the control of the arbitrator's activity occurs. The method used was that of literary and bibliographic review, through national and foreign doctrine, and data extracted from chambers and institutions that study arbitration, reaching the conclusion that although there may be abuses, including those of economic power, the practice of arbitration in Brazil has several mechanisms to combat them, including those to control the performance of the arbitrator, and civil liability is also possible in certain cases. It was also concluded that Brazilian chambers enjoy a good reputation and institute mechanisms that aim to guarantee quality and reliability, resulting in a good reputation regarding arbitration practices.

Fundo Mackenzie de Pesquisa

Brazilian football is going through a time of great transformation in search of better professional management, transparency and modernity. The study of the national debt of clubs, aim of this work is a subject little explored in the academic and undoubtedly will be very important for its proper management occurs without trauma this expected and necessary transformation, especially by the fact that in less than two years, Brazil will host the World Cup-2014. Bulky investments are much needed at this stage that the works are, and how to afford all this without a rigorous and systematic reorganization of debt clubs. We conducted tests on eight (8) independent variables looking up explanation for three (3) dependent variables, one at a time, through Gamma regression model with logarithmic link function. For the dependent variable, Total Debt, was detected through a good explanation of operating income of clubs, ie the better the EBITDA (earnings before interest, taxes, depreciation and amortization) less the degree of indebtedness. For the dependent variable, Bank Indebtedness, the explanation also fell in reverse investment in fixed assets, which would say that the higher this type of investment would lower the debt with banks, and finally to the bank debt added to the tax found explanation is estimated by least squares, with the correction of heteroscedasticity , the independent variables Fixed Assets, EBITDA, Independent Audits of international groups, and investment in training athletes.

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

The investment decision in perennial crops in a decision under risk once the time to become productive is long. The investor is aware of the current and past market behavior especially in the case of commodities, and has a thorough knowledge of the costs to be incurred. The natural tendency of the decision process is to star a new crop when prices are high and to abandon when the prices go down. The modeling of the response to the demand for coffee is usually done using multiple regression as shown by Wickens and Greenfield (1973). These models treat the response to demand composed by two parts: The long term investment comprising the formation of the trees, soil treatment, planting and growing up to the stage of starting production at a commercial level and the short term investment composed by annual expenses in the culture. The long term component is modeled considering the delay between the decision to start the crop and the production stage. The exit decision is modeled by lagging one year prices as in Arak (1969 apud LUONG and TAUER 2004). Income is explained in several studies by three variables: current prices, prices lagged one year and production lagged one year. Current and one year lagged prices correspond to the short range income. The one year lagging is explained by the production cycle of the Arabica coffee. For other types of coffee, the lagging may be different. Exceptions in the production volume caused by climate conditions may be modeled omitting the clearly outlier observations or using dummy variables. Dixit and Pindyck (1994) state that most of the investments are irreversible and may be postponed. The investor, in this case, owns an option to but not the obligation to invest. Luong and Tauer (2004) applied a simple entry-exit model based in the work of Dixit e Pindyck (1994) to determine the frontiers of entry-exit prices for Vietnam coffee producers. The current work intends to investigate the application of the model suggested by Dixit and Pindyck (2004) and in the work of Luong and Tauer (2004) on the definition of the entry and exit prices in the case of a Brazilian coffee producer. The model is based in the Real Options Theory for analysis of decisions under risk. The model seeks to determine the trigger prices to entry a production process and to abandon the crop as a function of the investment to start production and costs incurred, in the maintenance of the production and in the exit process. This research shows the superiority of the real options model as compared to the empiric decision models used by farmers and to the conventional neo classic decision model to determine the entry and exit points in the coffee crop.

Fundo Mackenzie de Pesquisa

Esta dissertação de mestrado desenvolve uma reflexão sobre as relações entre a evolução urbana e a atividade de prostituição, a partir de um estudo sobre os pontos do mercado do sexo na região central de São Paulo - delimitada geograficamente pela subprefeitura da Sé - no período entre 1770 e 1970. O objetivo do trabalho foi construir um quadro espacial deste perímetro urbano constituído por marcos históricos - arquitetônicos e urbanísticos - relativos à prostituição, contribuindo para dar visibilidade ao papel pouco reconhecido da prostituição como constituidora da história da cidade e de sua configuração socioespacial. Para tanto, o trabalho divide-se em três partes: na primeira, traça uma cronologia da prostituição no Brasil, a partir de marcos históricos significativos. O segundo capítulo, focaliza a evolução urbana de São Paulo e suas interações com as atividades de prostituição. Por fim, o terceiro capítulo, sistematiza informações iconográficas disponíveis sobre a prostituição no período estudado dentro do perímetro urbano selecionado, constituindo assim um mapa geográfico e histórico da atividade, comentado a partir dos elementos de reflexão construídos ao longo da dissertação

O presente artigo tem por objeto analisar o instituto da desconsideração da personalidade jurídica, partindo de uma breve análise acerca da sua evolução na história, contexto histórico do instituto no Brasil, seus fundamentos, hipóteses e pressupostos para a sua aplicação e de sua regulamentação na lei. O foco do trabalho é analisar como tem sido aplicado o instituto da desconsideração da personalidade jurídica no sistema judiciário brasileiro, e reiterar o entendimento sobre a aplicação do instituto como medida excepcional no sistema normativo brasileiro. Por fim, o estudo traz uma breve análise sobre a nova redação dada ao art. 50 do Código Civil à luz da Lei 13.874/2019.

Instituto Presbiteriano Mackenzie

The purpose of this essay is to show that the Federal Constitution of 1891 consecrated a model of lay state, or else, unattached to any religious confessions. And that this model is very important to defending the fundamental human rights and of a Democratic Law State, plural and respecting diversity. The constitutional story of Brazil shows that it was not always like this, because until the Proclamation of the Republic, in 1889, and the new Constitution of 1891, people used to live in a Monarchic and Confessional State, which adopted the Catholic religion as official one. When the State wants to adopt a religion officially, even if it is of a group in its majority dominant and hegemonic, is inevitable their compromise with beliefs, moral principles, ideologies of a certain group comparing to others, making it difficult the accomplishment of respect towards minorities, towards human rights and the consolidation of a Law Democratic State. This essay intends to foment even more the secularist model of State while studying the Brazilian religious field from a historical process, political and ideological that led to the separation of the Catholic Church from the Brazilian State in the first Republican Constitution of 1891. The first chapter is contextual of the period in which the fact occurred, religious, political, ideological and juridical context and in the following chapter, the Church State relation as a relational substrate (century power and religious power). In the third chapter, the philosophical intellectual fundament that led to the divorce between the Church and the State, which did not occur in an unexpected or abrupt way, but passed through a historical process of great discussions in Brazil. At last, it is intended to contribute theoretically to broad discussions in the relations Church-State.

Neste trabalho busca-se compreender as transformações dos espaços de exibições cinematográficos na cidade de São Paulo, abrangendo não apenas as diferentes tipologias que existiram em determinados períodos históricos, mas levantando questionamentos acerca das relações que este equipamento estabelecia com as dinâmicas e crescimento urbano, assim como as demandas das diferentes classes sociais.

Fundo Mackenzie de Pesquisa

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

The review addresses the peculiarities of discourse and legal language. It discusses the question of the conservatism and style of this exacerbated and affected form of expression, and how it affects the communication and the access to justice of the population. We intend to clarify with this paper (our general objectives, therefore) that, although legal discourse changes over the years, legal language does not change at the same rate, which is inconvenient to communication (as act of sharing). From two judgments handed down by the Federal Supreme Court, at different historical moments (one in 1949 and another in 2012), we will demonstrate that more than sixty years were not sufficient for the State to adopt a language that would allow the citizen to understand the object of discussion of these sentences. We did not expect that the vocabulary used would prove to be less rich or more restricted, or that compliance with the rules of language would be softened. But we sincerely hoped that the speech had become more carefully accessible, especially as the Federal Constitution so determines. Our specific objective is not to repudiate metalanguage, nor do we want to see the law expressed by a familiar language (sermo usualis) or popular (sermo prebeius), which are susceptible of relativizing grammatical dispositions and of undesirable ambiguities that are not in favor of communication, but rather to demonstrate that the text can hold a cultured language (sermo eruditus), with adequate vocabulary, technical and highly precise, without alienated the receiver from the communicative act. With the French theoretical basis in the analysis of the discourse, we will reflect on the ethos and style in the corpus chosen to demonstrate that the specialized lexicon have to be respected because the recurrence of multiple-meaning words have an adverse effect on the jurisdiction (jurisdictio: to say the law), not because it removes the supposed divinity of lawyers and judges.

Fundo Mackenzie de Pesquisa

Fundo Mackenzie de Pesquisa

Fundo Mackenzie de Pesquisa

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Fundo Mackenzie de Pesquisa