O FALECIMENTO DE SÓCIO NA SOCIEDADE LIMITADA (THE DEATH OF PARTNER IN “SOCIEDADE LIMITADA”), submetido em 01/12/2011, aprovado em 20/12/2011, publicado em dez/2011

RESUMO Este artigo tem por objetivo examinar os efeitos decorrentes do falecimento de sócio na sociedade limitada. O enfoque é o do direito empresarial. Para tanto, é levada em consideração a legislação relativa à matéria, em especial, o Código Civil, bem como o disposto no contrato social. Tendo em vista o caráter contratual da sociedade limitada, bem como os dispositivos legais que a regulam, sustentar-se-á, na omissão da regulação contratual da matéria, a impossibilidade do ingresso automático dos herdeiros e/ou sucessores do sócio falecido na sociedade, ainda que o contrato seja regido, supletivamente, pela Lei n. 6.4040/76. O caminho a ser seguido é dado pelo art. 1.028 do Código Civil, o qual estabelece como regra a liquidação das quotas do sócio falecido e a continuação da sociedade com os sócios remanescentes. Como se verá, o resultado prestigiou a autonomia da vontade, na medida em que apenas naqueles casos em que o contrato for omisso, é que a solução será a prevista pelo legislador. Contudo, referida autonomia não é absoluta, posto que limitada pela lei, bem como pelos princípios da boa-fé e da função social do contrato/empresa. PALAVRAS-CHAVE: Sociedade; falecimento; sócio. ABSTRACT This article aims to examine the effects of the death of a partner in “sociedade limitada”. The focus is commercial law. Therefore, are taken into account the existing legislation on the matter, especially the Civil Code, as well as the company statute. Considering the contractual character of a “sociedade limitada”, as well as the applicable legislation, it will be sustained, in the absence of regulation of the subject in the partnership’ statue, the impossibility of automatic entrance of the heir and/or successor of a dead partner to the “sociedade limitada”, even if its statute is ruled, in a supplementary way, by the Law n. 6.404/76. The path to be followed is provided by article 1.028 of the Civil Code, which statues as a rule the liquidation of the quotes of the dead partner and the partnership’s continuation with the rest of the partners. As will be seen, the result privileges freedom of choice, as only in those cases which the partnership’ statute is silent, that the solution will be given by legislation. However, the mentioned freedom is not absolute, since it is limited by law and by the principles of good faith and social function of the contract/firm. KEY WORDS: Partnership; death; partner

DIREITO, INFORMAÇÃO E MERCADOS (LAW, INFORMATION AND MARKETS), submetido em 01/12/2011, aprovado em 20/12/2011, publicação dez/2011

Resumo: A Informação por si só é um assunto que interessa vários campos de ciência. Há muito, os profissionais das áreas das Ciências Sociais aplicadas em geral se aperceberam de tal realidade e passaram a estudar tal fenômeno de maneira exaustiva. Embora para o Direito a Informação também tenha uma relevância imensa, o ritmo dos trabalhos científicos sobre o referido é consideravelmente menor, deixando lacunas imperdoáveis no que diz respeito à análise jurídica sobre como a Informação deve ser normatizada. Mais especificamente, ainda fica a lacuna de como a Informação que diga respeito aos Mercados deve ser objeto de regulamentação. No artigo, se discutirá o tema da Informação buscando este enfoque jurídico e relacionando-o, principalmente, com o seu impacto sobre o mercado, especialmente em termos do que “deveria ser” este Direito à Informação tão propagado. Palavras-chave: Direito, Informação e Mercados Abstract: The Information by itself is a subject of great interest in many sciences. A long ago, many Social Sciences scholars noticed that and began their studies upon this matter in a very deeply degree. Although the Information Rights had also be seen as a subject of huge importance in the Information studies, the frequency that papers in this area are made is considerable lower than the others, leaving unforgettable gaps about how the Law should deal with Information. More specifically, we still have to fulfill the gap between Law and Information considering the need in how the Law should deal with Information in the Markets. In this paper, we will discuss Information related with the Law and its impact in the market, trying to define in which way Information should be juridicized when it has importance to the function of markets. Key-Words: Law, Information, Market

Cellular responses of Candida albicans to phagocytosis and the extracellular activities of neutrophils are critical to counteract carbohydrate starvation, oxidative and nitrosative stress

Acknowledgments We thank Alexander Johnson (yhb1D/D), Karl Kuchler (sodD/D mutants), Janet Quinn (hog1D/D, hog1/cap1D/D, trx1D/D) and Peter Staib (ssu1D/D) for providing mutant strains. We acknowledge helpful discussions with our colleagues from the Microbial Pathogenicity Mechanisms Department, Fungal Septomics and the Microbial Biochemistry and Physiology Research Group at the Hans Kno¨ll Institute (HKI), specially Ilse D. Jacobsen, Duncan Wilson, Sascha Brunke, Lydia Kasper, Franziska Gerwien, Sea´na Duggan, Katrin Haupt, Kerstin Hu¨nniger, and Matthias Brock, as well as from our partners in the FINSysB Network. Author Contributions Conceived and designed the experiments: PM HW IMB AJPB OK BH. Performed the experiments: PM CD HW. Analyzed the data: PM HW IMB AJPB OK BH. Wrote the paper: PM HW OK AJPB BH.Peer reviewedPublisher PD

Oestradiol-17β plasma concentrations after intramuscular injection of oestradiol benzoate or oestradiol cypionate in llamas (Lama glama)

<p>Abstract</p> <p>Background</p> <p>Llamas (<it>Lama glama</it>) are induced ovulators and the process of ovulation depends on dominant follicular size. In addition, a close relationship between behavioural estrus and ovulation is not registered in llamas. Therefore, the exogenous control of follicular development with hormones aims to predict the optimal time to mate. Oestradiol-17β (E₂) and its esters are currently used in domestic species, including camelids, in synchronization treatments. But, in llamas, there is no reports regarding the appropriate dosages to be used and most protocols have been designed by extrapolation from those recommended for other ruminants. The aim of the present study was to characterize plasma E₂concentrations in intact female llamas following a single intramuscular (i.m.) injection of two oestradiol esters: oestradiol benzoate (EB) and oestradiol cypionate (ECP).</p> <p>Methods</p> <p>Twelve non pregnant and non lactating sexually mature llamas were i.m. injected on day 0 with 2.5 mg of EB (EB group, n = 6) or ECP (ECP group, n = 6). Blood samples were collected immediately before injection, at 1, 6, 12, 24 h after treatment and then daily until day 14 post injection. Changes in hormone concentrations with time were analyzed in each group by analysis of variance (ANOVA) using a repeated measures (within-SS) design. Plasma E₂concentrations and area under the concentration-time curve (AUC) values were compared between groups by ANOVA. In all cases a Least-Significant Difference test (LSD) was used to determine differences between means. Hormonal and AUC data are expressed as mean ± S.E.M.</p> <p>Results</p> <p>Peak plasma E₂concentrations were achieved earlier and were higher in EB group than in ECP group. Thereafter, E₂returned to physiological concentrations earlier in EB group (day 5) than in ECP group (day 9). Although plasma E₂profiles differed over time among groups there were no differences between them on AUC values.</p> <p>Conclusions</p> <p>The i.m. injection of a single dose of both oestradiol esters resulted in plasma E₂concentrations exceeding physiological values for a variable period. Moreover, the plasma E₂profiles observed depended on the derivative of oestradiol administered. This basic information becomes relevant at defining treatment protocols including oestrogens in llamas.</p

The nurse in the management of materials in teaching hospitals

OBJECTIVETo present the nurse's integration within materials management of six teaching hospitals of Paraná - Brazil, and to describe the activities performed by nurses within this process.METHODA study of a qualitative approach and descriptive nature, conducted in teaching hospitals in Paraná, between June and August of 2013. The data collection was conducted through semi-structured interviews with eight nurses who worked in materials management; data were analyzed using content analysis.RESULTSThese showed that nurses perform ten categories of activities, distributed into four of the five steps of the materials management process.CONCLUSIONThe nurse, in performing of these activities, in addition to favoring the development of participative management, contributes to the organization, planning, and the standardization of the hospital supply process, giving greater credibility to the work with professionals who use the materials, and to the suppliers

Cyclic Fatigue of Different Nickel-Titanium Rotary Instruments: A Comparative Study

Since the introduction of nickel-titanium alloy to endodontics, there have been many changes in instrument design, but no significant improvements in the raw material properties, or enhancements in the manufacturing process. Recently, a new method to produce nickel-titanium rotary (NTR) instruments has been developed, in an attempt to obtain instruments that are more flexible and resistant to fatigue. NTR instruments produced using the process of twisting (TF, SybronEndo, Orange, CA) were compared to NTR instruments from different manufacturers produced by a traditional grinding process. The aim of the study was to investigate whether cyclic fatigue resistance is increased for TF NTR files. Tests were performed with a cyclic fatigue device that evaluated cycles to failure of rotary instruments inside curved artificial canals. Results indicated that size 06-25 TF instruments showed a significant increase (P< .05). In the mean number of cycles to failurewhen compared to the other tested 06-25 NTR. Hence, it can be concluded that size 06-25 TF NTR instruments were found to be significantly more resistant to fatigue than those produced with the traditional grinding process

Beyond traditional surveillance: applying syndromic surveillance to developing settings – opportunities and challenges

<p>Abstract</p> <p>Background</p> <p>All countries need effective disease surveillance systems for early detection of outbreaks. The revised International Health Regulations [IHR], which entered into force for all 194 World Health Organization member states in 2007, have expanded traditional infectious disease notification to include surveillance for public health events of potential international importance, even if the causative agent is not yet known. However, there are no clearly established guidelines for how countries should conduct this surveillance, which types of emerging disease syndromes should be reported, nor any means for enforcement.</p> <p>Discussion</p> <p>The commonly established concept of syndromic surveillance in developed regions encompasses the use of pre-diagnostic information in a near real time fashion for further investigation for public health action. Syndromic surveillance is widely used in North America and Europe, and is typically thought of as a highly complex, technology driven automated tool for early detection of outbreaks. Nonetheless, low technology applications of syndromic surveillance are being used worldwide to augment traditional surveillance.</p> <p>Summary</p> <p>In this paper, we review examples of these novel applications in the detection of vector-borne diseases, foodborne illness, and sexually transmitted infections. We hope to demonstrate that syndromic surveillance in its basic version is a feasible and effective tool for surveillance in developing countries and may facilitate compliance with the new IHR guidelines.</p

Predicting clinically unrecognized coronary artery disease: use of two- dimensional echocardiography

<p>Abstract</p> <p>Background</p> <p>2-D Echo is often performed in patients without history of coronary artery disease (CAD). We sought to determine echo features predictive of CAD.</p> <p>Methods</p> <p>2-D Echo of 328 patients without known CAD performed within one year prior to stress myocardial SPECT and angiography were reviewed. Echo features examined were left ventricular and atrial enlargement, LV hypertrophy, wall motion abnormality (WMA), LV ejection fraction (EF) < 50%, mitral annular calcification (MAC) and aortic sclerosis/stenosis (AS). High risk myocardial perfusion abnormality (MPA) was defined as >15% LV perfusion defect or multivessel distribution. Severe coronary artery stenosis (CAS) was defined as left main, 3 VD or 2VD involving proximal LAD.</p> <p>Results</p> <p>The mean age was 62 ± 13 years, 59% men, 29% diabetic (DM) and 148 (45%) had > 2 risk factors. Pharmacologic stress was performed in 109 patients (33%). MPA was present in 200 pts (60%) of which, 137 were high risk. CAS was present in 166 pts (51%), 75 were severe. Of 87 patients with WMA, 83% had MPA and 78% had CAS. Multivariate analysis identified age >65, male, inability to exercise, DM, WMA, MAC and AS as independent predictors of MPA and CAS. Independent predictors of high risk MPA and severe CAS were age, DM, inability to exercise and WMA.</p> <p>2-D echo findings offered incremental value over clinical information in predicting CAD by angiography. (Chi square: 360 vs. 320 p = 0.02).</p> <p>Conclusion</p> <p>2-D Echo was valuable in predicting presence of physiological and anatomical CAD in addition to clinical information.</p