O Processo Judicial Como Método para Identificação do Conteúdo do Princípio da Supremacia do Interesse Público em Casos Concretos

Partindo da divergência doutrinária entre aqueles que defendem a existência do princípio da supremacia do interesse público e aqueles que negam o seu caráter principiológico, o presente trabalho busca demonstrar que tal dissensão metodológica se equaciona a partir da adoção de um conceito de interesse público que se traduza no interesse em produzir respostas aderentes à juridicidade, num contexto em que também os interesses reivindicados por particulares poderão ser qualificados como públicos desde que, para tanto, encontrem suporte no ordenamento jurídico-positivo. Nessa ordem de ideias, a supremacia do interesse público não se satisfará com adoção de regras de preferência ou com utilização de fórmulas axiomáticas infensas à argumentação. Diversamente, ela se aperfeiçoará mediante a correta identificação, nos casos concretos, sobre a quem o direito socorre, seja a administração ou os administrados. Ocorre, todavia, que o Direito de nosso tempo apresenta um caráter problemático, originado da acentuada indeterminação semântica de seus enunciados administrativos, no que se inclui a própria polissemia da expressão supremacia do interesse público. Diante deste cenário, esta pesquisa almeja induzir à compreensão de que o alcance da norma-princípio da supremacia do interesse público deve ser reconstruído no plano interpretativo e em atenção às peculiaridades do caso concreto. Para tanto, o processo judicial, principal arena em que se tensionam posições jurídicas conflitantes com vistas à investigação sobre a quem o direito socorre, qualificar-se-á não apenas como método de aplicação da norma em concreto, mas, em última análise, como instrumento de aferição do interesse público na espécie examinada. Conclui-se pela aptidão do modelo de processo civil positivado pelo Código de Processo Civil de 2015 para fins de identificação do interesse público e de sua supremacia em casos concretos, sobremaneira porque se mostra vocacionado à dialeticidade, à argumentação e à interpretação reconstrutiva dos textos legais, fato perceptível (i) na recepção do contraditório substancial; (ii) na obrigação de cooperação entre os sujeitos processuais; (iii) e na adoção da técnica de precedentes. Palavras-chave: supremacia do interesse público juridicidade caráter problemático do Direito - processo judicial contraditório cooperação precedentes

Smooth regional estimation of low-flow indices: physiographical space based interpolation and top-kriging

Recent studies highlight that spatial interpolation techniques of point data can be effectively applied to the problem of regionalization of hydrometric information. This study compares two innovative interpolation techniques for the prediction of low-flows in ungauged basins. The first one, named Physiographical-Space Based Interpolation (PSBI), performs the spatial interpolation of the desired streamflow index (e.g., annual streamflow, low-flow index, flood quantile, etc.) in the space of catchment descriptors. The second technique, named Topological kriging or Top-kriging, predicts the variable of interest along river networks taking both the area and nested nature of catchments into account. PSBI and Top-kriging are applied for the regionalization of <i>Q</i><sub>355</sub> (i.e., a low-flow index that indicates the streamflow that is equalled or exceeded 355 days in a year, on average) over a broad geographical region in central Italy, which contains 51 gauged catchments. The two techniques are cross-validated through a leave-one-out procedure at all available gauges and applied to a subregion to produce a continuous estimation of <i>Q</i><sub>355</sub> along the river network extracted from a 90m elevation model. The results of the study show that Top-kriging and PSBI present complementary features. Top-kriging outperforms PSBI at larger river branches while PSBI outperforms Top-kriging for headwater catchments. Overall, they have comparable performances (Nash-Sutcliffe efficiencies in cross-validation of 0.89 and 0.83, respectively). Both techniques provide plausible and accurate predictions of <i>Q</i><sub>355</sub> in ungauged basins and represent promising opportunities for regionalization of low-flows

Mitophagy contributes to endothelial adaptation to simulated microgravity

Exposure to real or simulated microgravity is sensed as a stress by mammalian cells, which activate a complex adaptive response. In human primary endothelial cells, we have recently shown the sequential intervention of various stress proteins which are crucial to prevent apoptosis and maintain cell function. We here demonstrate that mitophagy contributes to endothelial adaptation to gravitational unloading. After 4 and 10 d of exposure to simulated microgravity in the rotating wall vessel, the amount of BCL2 interacting protein 3, a marker of mitophagy, is increased and, in parallel, mitochondrial content, oxygen consumption, and maximal respiratory capacity are reduced, suggesting the acquisition of a thrifty phenotype to meet the novel metabolic challenges generated by gravitational unloading. Moreover, we suggest that microgravity induced-disorganization of the actin cytoskeleton triggers mitophagy, thus creating a connection between cytoskeletal dynamics and mitochondrial content upon gravitational unloading

The Interplay between TRPM7 and MagT1 in Maintaining Endothelial Magnesium Homeostasis

The transient receptor potential cation channel subfamily M member 7 (TRPM7) is an ubiquitous channel fused to an α-kinase domain involved in magnesium (Mg) transport, and its level of expression has been proposed as a marker of endothelial function. To broaden our present knowledge about the role of TRPM7 in endothelial cells, we generated stable transfected Human Endothelial Cells derived from the Umbilical Vein (HUVEC). TRPM7-silencing HUVEC maintain the actin fibers’ organization and mitochondrial network. They produce reduced amounts of reactive oxygen species and grow faster than controls. Intracellular Mg concentration does not change in TRPM7-silencing or -expressing HUVEC, while some differences emerged when we analyzed intracellular Mg distribution. While the levels of the plasma membrane Mg transporter Solute Carrier family 41 member 1 (SLC41A1) and the mitochondrial channel Mrs2 remain unchanged, the highly selective Magnesium Transporter 1 (MagT1) is upregulated in TRPM7-silencing HUVEC through transcriptional regulation. We propose that the increased amounts of MagT1 grant the maintenance of intracellular Mg concentrations when TRPM7 is not expressed in endothelial cells

π-Conjugation and End Group Effects in Long Cumulenes: Raman Spectroscopy and DFT Calculations

We have investigated the structure and spectroscopic properties of cumulenic carbon chains, focusing on the peculiar π-conjugation properties and end-group effects that influence their behavior. With support from Density Functional Theory (DFT) calculations, we have analyzed the IR and Raman spectra of cumulenes characterized by different end-capping groups and we have related them to the bond length alternation (BLA) pattern and local spectroscopic parameters associated with the CC bonds along the sp-carbon chain. For cumulenes we observe a breakdown of the correlation existing in polyynes among frequencies, Raman intensities of the Ʀ line (longitudinal CC stretching modes), and BLA. While the low Ʀ line frequency and equalized CC bonds would indicate the “metallic” character of cumulenic species, we obtain an unusually strong Raman intensity, which is typical of bond-alternated (semiconductive) structures. DFT calculations reveal that this is a consequence of π-electron conjugation, which markedly extends from the sp-carbon chain to the aryl rings belonging to the end groups. These findings suggest the existence of a strong electronic, vibrational and structural coupling between sp-carbon chains and sp2-carbon species, which could play a key role in nanostructured sp/sp2-hybrid carbon materials (e.g., linear carbon chains coupled to graphene domains). Within this context, Raman spectroscopy is a valuable tool for the detailed characterization of the molecular properties of this kind of materials

Reducing competition in agroforestry by pruning native trees.

The degree to which pruning helps reestablish balance in agroforestry was assessed in a system established in São Carlos, São Paulo, Brazil, in 2008. Seven native tree species were planted at a density of 600 trees/ha in five strips of three rows each, and annual crops were cultivated in the 17-m crop strips between the tree strips. Competition was established after 35 months, decreasing the aboveground biomass production of corn planted close to the trees. An assessment of black oats in the dry season following tree pruning showed that the proximity of trees caused reductions in plant and panicle density, aboveground biomass production, number of grains per panicle and grain weight. Because pruning was not sufficient to maintain crop yields, tree thinning is recommended in order to minimize competition and restore conditions for adequate crop production

Preliminary study on the use of the 137 Cs method for soil erosion investigation in the pampean region of Argentina

Soil erosion is the most important degradation process in A rgentine. According to the estimation of 4.9 millon ha in Pampa Ondulada Region, 1.600.000 ha (36% of agricultural soils) are affected by the erosion. Field measurements of soil erosion and sediment deposition using classical techniques are difficult, time consuming, and expensive but indispensable to feed the prediction models for conservation practices design and fa rm planning. Many authors have reported that the measurement of fallout nuclides is useful tool to characterize geomorphical processes. Walling and He proposes models for conve rting 137Cs depletion/enrichment amounts to net soil loss/deposition. These models are based in the comparison between a reference 137Cs profile in a long term undisturbed site (control site) and the 137Cs profiles in the suspected eroded or deposited sites in the landscape. The aim of this study is to provide a complete and well representative set of data on the erosion intensity in topographical conditions for the Pampa Ondulada Region in A rgentine by using a tracer technique. The study area is a small watershed (about 300 ha), located in Arroyo del Tala medium basin, within Partido of San Pedro in Buenos Aires Province, Argentine. This paper presents a group of results from a detailed investigation of erosion and sediment delivery, within a 49 ha cultivated field study site in this watershed. The base of sampling strategy is the grid approach. A reference inventory, representing the local fallout input, was searched for at a site experiencing neither erosion nor deposition. Radiocaesium analyses were made at the Nuclear Regulatory Authority Laboratory by a GE Hp detector. To make an interpretation of 137Cs distribution of soil losses and sedimentation, the Mass Balance Model 2 was used (Walling and He 1997). The erosion/deposition rates from Mass Balance Model 2 are in the range of 0 to -30 t·ha-1·y-1 for erosion, and 0 to 19 t·ha-1·y-1 for deposition, and these values matched well, with the rates of erosion obtained by classical methods. The 137Cs spatial and depth distribution are showed in a map, and enabled to study the relationship of the erosion to the topography, and a good discrimination in subclasses within moderate erosion class and sedimentation class

The contribution of EDF1 to PPARγ transcriptional activation in VEGF-treated human endothelial cells

Vascular endothelial growth factor (VEGF) is important for maintaining healthy endothelium, which is crucial for vascular integrity. In this paper, we show that VEGF stimulates the nuclear translocation of endothelial differentiation-related factor 1 (EDF1), a highly conserved intracellular protein implicated in molecular events that are pivotal to endothelial function. In the nucleus, EDF1 serves as a transcriptional coactivator of peroxisome proliferator-activated receptor gamma (PPAR gamma), which has a protective role in the vasculature. Indeed, silencing EDF1 prevents VEGF induction of PPAR gamma activity as detected by gene reporter assay. Accordingly, silencing EDF1 markedly inhibits the stimulatory effect of VEGF on the expression of FABP4, a PPAR gamma-inducible gene. As nitric oxide is a marker of endothelial function, it is noteworthy that we report a link between EDF1 silencing, decreased levels of FABP4, and nitric oxide production. We conclude that EDF1 is required for VEGF-induced activation of the transcriptional activity of PPAR gamm

Aging and Vascular Disease: A Multidisciplinary Overview

Vascular aging, i.e., the deterioration of the structure and function of the arteries over the life course, predicts cardiovascular events and mortality. Vascular degeneration can be recognized before becoming clinically symptomatic; therefore, its assessment allows the early identification of individuals at risk. This opens the possibility of minimizing disease progression. To review these issues, a search was completed using PubMed, MEDLINE, and Google Scholar from 2000 to date. As a network of clinicians and scientists involved in vascular medicine, we here describe the structural and functional age-dependent alterations of the arteries, the clinical tools for an early diagnosis of vascular aging, and the cellular and molecular events implicated. It emerges that more studies are necessary to identify the best strategy to quantify vascular aging, and to design proper physical activity programs, nutritional and pharmacological strategies, as well as social interventions to prevent, delay, and eventually revert the disease