2,077 research outputs found

    A PROTEÇÃO PROCESSUAL DA POSSE NOS CONFLITOS COLETIVOS INTERÉTNICOS

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    Os conflitos étnicos entre o homem branco europeu e os povos autóctones pela posse dos territórios, estão presentes em todos os continentes do planeta,desde os inuits da região circumpolar aos maoris da Nova Zelândia, passando pelos papuas insulares da Indonésia até alcançar os índios das Américas. Embora sejam perenes e universais, suas causas, consequências e soluções ainda são pouco exploradas pelas ciências sociais e pela antropologia jurídica. A compreensão desse embate secular pela ocupação da terra é o fio condutor dessa pesquisa, adotando-se como método investigativo o levantamento histórico, filosófico, sociológico e jurídico do direito de posse e propriedade, desde sua legitimação pelo direito de conquista e da guerra justa, até sua conformação nos regimes constitucionais democráticos atuais. Uma primeira aproximação com o tema revela que a legislação lusitana da colônia e do império jamais cogitaram atribuir direitos possessórios ao índios, ou mesmo a restituição do domínio de suas terras, servindo apenas a um veículo político de embuste e dominação. A teoria do indigenato de João Mendes Junior (1912), ao invocar um direito nativo congênito, não encontrou acolhimento no direito positivo. A Constituição Federal de 1988, embora reconhecendo aos índios o direito a uma organização social, uma identidade étnica e um habitat, vinculou a posse usufrutuária da terra a fatos objetivos,subordinados a ocupação tradicional e habitação permanente, anteriores a 05.10.1988. Interpretações influenciadas pelos conceitos da antropologia, sem o rigor jurídico-dogmático, passaram a admitir o ressurgimento de comunidades indígenas extintas, reivindicando terras com ocupação consolidada por não-índios. Essas etnogêneses resultaram em um imediato processo sistêmico de invasões (retomadas) de propriedades rurais, muitas delas expropriadas antes mesmo dos procedimentos legais de demarcação. A agressão à posse e à propriedade sem observância dos preceitos constitucionais, entre eles o devido processo legal, transferiu ao judiciário a solução desse litígio estrutural de largas proporções, motivando a multiplicação de tutelas possessórias interditais. Ponderadas as razões sociais, políticas, ideológicas e jurídicas que circundam essa disputa coletiva, o manejo dos instrumentos processuais são a garantia de concretude dos direitos fundamentais envolvidos. Ao final será possível verificar que ciência processual possui mecanismos de mediação dessa tensão campesina coletiva, seja para garantir aos indígenas a posse de seus territórios tradicionais reconhecidos pelo Estado, seja para repelir agressão injusta ao patrimônio dos não índios. Palavras chave: Direito processual civil. Ações possessórias.Posse indígena. Conflitos de etnia. Direito de propriedade. Função social da posse

    ‘I already have a culture.’ Negotiating competing grand and personal narratives in interview conversations with new study abroad arrivals

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    In an interview with a postgraduate student about her intercultural experience of recently arriving for study abroad, it was found that the two researchers and the student were engaged in a mutual exploration of cultural identity. The in- terview events became conversational and took the form of small culture formation on the go in which each participant employed diverse narratives to project, make sense of and negotiate expression of cultural identity. The stu- dent shifted between personal narratives drawn from her particular cultural trajectories and splintered from grand narratives of nation and global position- ing, between non- essentialist threads and essentialist blocks. The researchers learned from her and intervened to facilitate shifts to non-essentialist threads, drawing on narratives from their own personal cultural trajectories, but some- times also falling into essentialist blocks splintered from grand narratives. The roles of ideology and competing essentialist and non-essentialist discourses of culture were implicit in these negotiations, as were the personal agency of the student as she responded to the constraining conflicts, structures and hierarchies encountered through the events she spoke about. Rather than providing a picture of intercultural assimilation and integration, interculturality is revealed as a hesitant and searching negotiation, sometimes of vulnerability, wrong-footedness and occasional assault on identity

    The Anti-Inflammatory Reliever (AIR) Algorithm Study: a protocol for a single-group study of an AIR stepwise approach to the treatment of adult asthma

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    Background The stepwise approach to long-term asthma management, which traditionally incorporates short-acting β2-agonist reliever therapy, has been a core feature of asthma guidelines for over 30 years. There have been no studies, however, directly investigating the use of an entire guideline-recommended track. Recently, inhaled corticosteroid–formoterol has been recommended as the preferred reliever therapy in adult asthma, in accordance with a stepwise “Anti-Inflammatory Reliever” (AIR) treatment track. Objective The aim of this study was to evaluate the AIR stepwise approach recommended by the New Zealand adolescent and adult asthma guidelines, in combination with a novel algorithm for transitioning between treatment steps. Methods This 52-week, open-label, single-group study will recruit 100 adults aged 18 to 75 years with mild, moderate and moderate–severe asthma (ACTRN12620001010987). Participants will be allocated to budesonide–formoterol 200/6 µg, one actuation as needed (Step 1), one actuation twice daily and as needed (Step 2), or two actuations twice daily and one as needed (Step 3). Treatment steps will be adjusted throughout the study, in response to reliever use and asthma attacks, according to a stepwise AIR algorithm. Following a 26-week period of investigator-led transitions, participants will adjust their own treatment step. The primary outcome is participant satisfaction as measured by the Global Satisfaction score of the Treatment Satisfaction Questionnaire for Medication. Secondary outcomes will assess efficacy and safety, and describe patterns of medication use and participant flow through the treatment steps. Conclusion This is the first trial to assess the AIR treatment track and algorithm. The results will provide knowledge to guide the clinical use of this approach

    No benefit of an adjunctive phototherapy protocol in treatment of periodontitis: A split-mouth randomized controlled trial

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    Aim: To assess the efficacy of a commercially available adjunctive phototherapy protocol (“Perio-1”) in treatment of periodontitis. Materials and Methods: In an examiner-blind, randomized, controlled, split-mouth, multicentre study, 60 periodontitis patients received root surface debridement (RSD) in sextants either alone (control sextants) or with the adjunctive phototherapy protocol (test sextants). Re-evaluation was performed at 6, 12 and 24 weeks. Results: No statistically significant differences in mean (± standard deviation) clinical attachment level (CAL) change from baseline to week 24 were observed between test (−1.00 ± 1.16 mm) and control sextants (−0.87 ± 0.79 mm) at sites with probing pocket depths (PPDs) ≥5 mm (“deep sites”) at baseline (p =.212). Comparisons between test and control sextants for all other parameters (CAL change at all sites, PPD change at deep sites/all sites, bleeding on probing, plaque scores), and for all change intervals, failed to identify any statistically significant differences. Conclusions: The phototherapy protocol did not provide any additional clinical benefits over those achieved by RSD alone. (German Clinical Trials Register DRKS00011229)

    Native-English-Speaking Teachers:Disconnections Between Theory, Research, and Practice

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    Native-English-speaking teachers (NESTs) have long been in demand for perceived benefits of the skills they bring to the classroom. However, the notion that native speakers provide the best models of the target language and thus make the best teachers of the language has been criticised in the literature. This article reports on the disconnection between academic literature on NESTs and the realities they report. Drawing on data from an investigation into NEST schemes globally, the article suggests that lived classroom experiences of NESTs are complex, They are also often bilingual, experienced, and qualified, and regard local English teachers (LETs) they work with as experts and in control of how English is practised in the classroom. These characteristics contrast with much of the academic literature, which explores the concept of native speakerism, which tends to view NESTs negatively. The article proposes that one reason for the disconnection between theory and practice is the parallel lives of researchers and teachers, whether NESTs or LETs. Thus, each group’s realities and concerns are not always understood by the other. The article suggests that a substantial group of bilingual and bicultural NESTs consider the country where work home, so future theorisations of NESTs and native speakerism should take account of these teachers

    Convergence calls: multimedia storytelling at British news websites

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    This article uses qualitative interviews with senior editors and managers from a selection of the UK's national online news providers to describe and analyse their current experimentation with multimedia and video storytelling. The results show that, in a period of declining newspaper readership and TV news viewing, editors are keen to embrace new technologies, which are seen as being part of the future of news. At the same time, text is still reported to be the cornerstone for news websites, leading to changes in the grammar and function of news video when used online. The economic rationale for convergence is examined and the article investigates the partnerships sites have entered into in order to be able to serve their audience with video content. In-house video is complementing syndicated content, and the authors examine the resulting developments in newsroom training and recruitment practices. The article provides journalism and interactive media scholars with case studies on the changes taking place in newsrooms as a result of the shift towards multimedia, multiplatform news consumption

    Eureka and beyond: mining's impact on African urbanisation

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    This collection brings separate literatures on mining and urbanisation together at a time when both artisanal and large-scale mining are expanding in many African economies. While much has been written about contestation over land and mineral rights, the impact of mining on settlement, notably its catalytic and fluctuating effects on migration and urban growth, has been largely ignored. African nation-states’ urbanisation trends have shown considerable variation over the past half century. The current surge in ‘new’ mining countries and the slow-down in ‘old’ mining countries are generating some remarkable settlement patterns and welfare outcomes. Presently, the African continent is a laboratory of national mining experiences. This special issue on African mining and urbanisation encompasses a wide cross-section of country case studies: beginning with the historical experiences of mining in Southern Africa (South Africa, Zambia, Zimbabwe), followed by more recent mineralizing trends in comparatively new mineral-producing countries (Tanzania) and an established West African gold producer (Ghana), before turning to the influence of conflict minerals (Angola, the Democratic Republic of Congo and Sierra Leone)

    Learner autonomy in developing countries

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    Learner autonomy may have special relevance now in developing countries, where a dissonance often exists between what formal education offers and what many learners want or need. Globalization and its technologies are providing new means of accessing knowledge, but school language lessons remain largely unchanged. Almost by default, successful language learners in developing country contexts are autonomous learners who can exploit out-of-school resources, while some of the most effective pedagogy involves promoting autonomy as a means of confronting low-resource challenges. This chapter argues for more research into both these phenomena, in order to increase understanding of them and to enable identification of principles for practice. It also emphasizes the need for such research to be conducted with and by local teachers and learners

    Subpolar North Atlantic western boundary density anomalies and the Meridional Overturning Circulation

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    Changes in the Atlantic Meridional Overturning Circulation, which have the potential to drive societally-important climate impacts, have traditionally been linked to the strength of deep water formation in the subpolar North Atlantic. Yet there is neither clear observational evidence nor agreement among models about how changes in deep water formation influence overturning. Here, we use data from a trans-basin mooring array (OSNAP—Overturning in the Subpolar North Atlantic Program) to show that winter convection during 2014–2018 in the interior basin had minimal impact on density changes in the deep western boundary currents in the subpolar basins. Contrary to previous modeling studies, we find no discernable relationship between western boundary changes and subpolar overturning variability over the observational time scales. Our results require a reconsideration of the notion of deep western boundary changes representing overturning characteristics, with implications for constraining the source of overturning variability within and downstream of the subpolar region
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