1,033 research outputs found

    O agravo de instrumento previsto no novo Código de Processo Civil: relação com o Jurisprudencialismo de Antonio Castanheira Neves

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    Neste trabalho será apresentado, de um lado, as características do agravo de instrumento, em especial as hipóteses de cabimento, como era previsto no antigo CPC e no novo CPC, somado ao entendimento do STJ acerca do tema, e, de outro, o método hermenêutico proposto por Castanheira Neves, na obra metodologia jurídica. Faz-se necessária a problematização da questão para apurar o que o legislador consagrou no novo CPC, ao estipular um rol legal de cabimento do agravo de instrumento, e o que o STJ vem interpretando da referida norma e, por fim, comparar à aplicabilidade da metodologia de Castanheira Neves. Assim, o objetivo do artigo é evidenciar, à luz do método proposto por Castanheira Neves, se a interpretação do novo Código de Processo Civil tem alguma relação com a metodologia construída pelo autor Antonio Castanheira Neves

    Direito Comercial ou Direito Empresarial?: uma análise da adequabilidade dos designativos à luz da evolução histórica do "Ius Mercatorum"

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    O presente trabalho tem por objetivo refletir sobre qual o designativo mais apropriado para o ramo do direito privado que não o direito comum (civil), isto é, se Direito Comercial ou se Direito Empresarial. Para tanto, lançou-se mão do método histórico, onde se buscou passear pela História do Comércio e do Direito Comercial (e Empresarial), de modo a justificar o melhor e mais apropriado uso. Ademais, a pesquisa bibliográfica foi importante recurso metodológico, como modo de verificar a visão dos jus-empresarialistas (doutrina) a respeito do tema em comento; como também o foi a pesquisa pautada na análise das grades curriculares dos cursos jurídicos, sob o recorte daqueles detentores do “Selo da OAB Recomenda” (análise objetiva). A conclusão, assim, buscou se respaldar tanto em aspecto quantitativo, da tabulação auferida na pesquisa objetiva; quanto em aspecto qualitativo, oriundo de posição doutrinária mais consistente. PALAVRAS-CHAVE: Direito Comercial e Empresarial. Designativos. Adequabilidade. Grades Curriculares. Jus-Empresarialistas. COMMERCIAL LAW OR BUSINESS LAW?: AN ANALYSIS OF THE SUITABILITY OF DESIGNATORS THE LIGHT OF HISTORICAL EVOLUTION IUS MERCATORUM ABSTRACT This paper aims to reflect on the most appropriate designation for the branch of private law other than the common law (civil), that is, if Commercial Law or Business Law. Therefore, it employed the historical method, which sought touring the History of Trade and Commercial Law (and Company), in order to justify the best and most appropriate use. Furthermore, the literature was important methodological resource, as a way to verify the vision of justice-empresarialistas (doctrine) on the subject under discussion; as well as the research was guided by the analysis of the curricula of legal courses, under the focus of those holders of "Seal of OAB recommended" (objective analysis). The conclusion, therefore, sought to back up both quantitative aspect, the earned tab on objective research; as in qualitative aspect, come from more consistent doctrinal position. KEYWORDS: Commercial and Corporate Law. Designators. Suitability. Curriculum grids. Jus-Empresarialistas. Data da submissão: 07/07/2015 Data da aceitação: 05/08/201

    Uncovering the overlapping community structure of complex networks in nature and society

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    Many complex systems in nature and society can be described in terms of networks capturing the intricate web of connections among the units they are made of. A key question is how to interpret the global organization of such networks as the coexistence of their structural subunits (communities) associated with more highly interconnected parts. Identifying these a priori unknown building blocks (such as functionally related proteins, industrial sectors and groups of people) is crucial to the understanding of the structural and functional properties of networks. The existing deterministic methods used for large networks find separated communities, whereas most of the actual networks are made of highly overlapping cohesive groups of nodes. Here we introduce an approach to analysing the main statistical features of the interwoven sets of overlapping communities that makes a step towards uncovering the modular structure of complex systems. After defining a set of new characteristic quantities for the statistics of communities, we apply an efficient technique for exploring overlapping communities on a large scale. We find that overlaps are significant, and the distributions we introduce reveal universal features of networks. Our studies of collaboration, word-association and protein interaction graphs show that the web of communities has non-trivial correlations and specific scaling properties.Comment: The free academic research software, CFinder, used for the publication is available at the website of the publication: http://angel.elte.hu/clusterin

    Health-related quality of life in patients with venous leg ulcer treated in primary care in Brazil and Portugal

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    Background Venous ulcers constitute an important public health problem as they can cause disability with consequences for multiple dimensions of quality of life. Objective To describe the quality of life in patients with venous leg ulcer treated in primary care in two cities from Brazil and Portugal. Methods This was a cross-sectional comparative study with a non-probabilistic sample of 171 patients with venous leg ulcers who were treated in primary care in two cities from Brazil and Portugal, namely, Natal and Évora. A form covering sociodemographic and health data and the Medical Outcomes Study 36-Item Short-Form Health Survey were used, and descriptive and inferential analyses were performed. Results Significant differences in age and income were observed between the two samples. Patients with venous leg ulcer from Brazil had lower income and were younger than those from Portugal. Quality of life scores were significantly higher in Portugal for the physical aspects, pain, and social functioning, among domains, and for the physical health dimension and total score of QOL. Conclusion The quality of life was better in Portugal than in Brazil and the differences between the countries need further investigation

    Anatomical characteristics of the styloid process in internal carotid artery dissection: Case-control study

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    Introduction Pathophysiology of cervical artery dissection is complex and poorly understood. In addition to well-known causative and predisposing factors, including major trauma and monogenic connective tissue disorders, morphological characteristics of the styloid process have been recently recognized as a possible risk factor for cervical internal carotid artery dissection. Aims To study the association of the anatomical characteristics of styloid process with internal carotid artery dissection. Methods Retrospective, multicenter, case-control study of patients with internal carotid artery dissection and age- and sex-matched controls. Consecutive patients with internal carotid artery dissection and controls with ischemic stroke or transient ischemic attack of any etiology excluding internal carotid artery dissection, who had performed computed tomography angiography, diagnosed between January 2010 and September 2016. Two independent observers measured styloid process length and styloid process distance to internal carotid artery. Results Sixty-two patients with internal carotid artery dissection and 70 controls were included. Interobserver agreement was good for styloid process length and styloid process-internal carotid artery distance (interclass correlation coefficient = 0.89 and 0.76, respectively). Styloid process ipsilateral to dissection was longer than left and right styloid process in controls (35.8 ± 14.4 mm versus 30.4 ± 8.9 mm and 30.3 ± 8.2 mm, p = 0.011 and p = 0.008, respectively). Styloid process-internal carotid artery distance ipsilateral to dissection was shorter than left and right distance in controls (6.3 ± 1.9 mm versus 7.2 ± 2.1 mm and 7.0 ± 2.3 mm, p = 0.003 and p = 0.026, respectively). Internal carotid artery dissection was associated with styloid process length (odds ratio = 1.04 mm-1, 95% confidence interval = 1.01-1.08, p = 0.015) and styloid process-internal carotid artery distance (OR = 0.77 mm-1, 95% confidence interval = 0.64-0.92, p = 0.004). Conclusion Longer styloid process and shorter distance between styloid process and cervical internal carotid artery are associated with cervical internal carotid artery dissection.info:eu-repo/semantics/publishedVersio

    How are falls and fear of falling associated with objectively measured physical activity in a cohort of community-dwelling older men?

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    BACKGROUND: Falls affect approximately one third of community-dwelling older adults each year and have serious health and social consequences. Fear of falling (FOF) (lack of confidence in maintaining balance during normal activities) affects many older adults, irrespective of whether they have actually experienced falls. Both falls and fear of falls may result in restrictions of physical activity, which in turn have health consequences. To date the relation between (i) falls and (ii) fear of falling with physical activity have not been investigated using objectively measured activity data which permits examination of different intensities of activity and sedentary behaviour. METHODS: Cross-sectional study of 1680 men aged 71-92 years recruited from primary care practices who were part of an on-going population-based cohort. Men reported falls history in previous 12 months, FOF, health status and demographic characteristics. Men wore a GT3x accelerometer over the hip for 7 days. RESULTS: Among the 12% of men who had recurrent falls, daily activity levels were lower than among non-fallers; 942 (95% CI 503, 1381) fewer steps/day, 12(95% CI 2, 22) minutes less in light activity, 10(95% CI 5, 15) minutes less in moderate to vigorous PA [MVPA] and 22(95% CI 9, 35) minutes more in sedentary behaviour. 16% (n = 254) of men reported FOF, of whom 52% (n = 133) had fallen in the past year. Physical activity deficits were even greater in the men who reported that they were fearful of falling than in men who had fallen. Men who were fearful of falling took 1766(95% CI 1391, 2142) fewer steps/day than men who were not fearful, and spent 27(95% CI 18, 36) minutes less in light PA, 18(95% CI 13, 22) minutes less in MVPA, and 45(95% CI 34, 56) minutes more in sedentary behaviour. The significant differences in activity levels between (i) fallers and non-fallers and (ii) men who were fearful of falling or not fearful, were mediated by similar variables; lower exercise self-efficacy, fewer excursions from home and more mobility difficulties. CONCLUSIONS: Falls and in particular fear of falling are important barriers to older people gaining health benefits of walking and MVPA. Future studies should assess the longitudinal associations between falls and physical activity

    Predictors of HBeAg status and hepatitis B viraemia in HIV-infected patients with chronic hepatitis B in the HAART era in Brazil

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    <p>Abstract</p> <p>Background</p> <p>HBV-HIV co-infection is associated with an increased liver-related morbidity and mortality. However, little is known about the natural history of chronic hepatitis B in HIV-infected individuals under highly active antiretroviral therapy (HAART) receiving at least one of the two drugs that also affect HBV (TDF and LAM). Information about HBeAg status and HBV viremia in HIV/HBV co-infected patients is scarce. The objective of this study was to search for clinical and virological variables associated with HBeAg status and HBV viremia in patients of an HIV/HBV co-infected cohort.</p> <p>Methods</p> <p>A retrospective cross-sectional study was performed, of HBsAg-positive HIV-infected patients in treatment between 1994 and 2007 in two AIDS outpatient clinics located in the São Paulo metropolitan area, Brazil. The baseline data were age, sex, CD4 T+ cell count, ALT level, HIV and HBV viral load, HBV genotype, and duration of antiretroviral use. The variables associated to HBeAg status and HBV viremia were assessed using logistic regression.</p> <p>Results</p> <p>A total of 86 HBsAg patients were included in the study. Of these, 48 (56%) were using combination therapy that included lamivudine (LAM) and tenofovir (TDF), 31 (36%) were using LAM monotherapy, and 7 patients had no previous use of either one. Duration of use of TDF and LAM varied from 4 to 21 and 7 to 144 months, respectively. A total of 42 (48. 9%) patients were HBeAg positive and 44 (51. 1%) were HBeAg negative. The multivariate analysis revealed that the use of TDF for longer than 12 months was associated with undetectable HBV DNA viral load (serum HBV DNA level < 60 UI/ml) (<it>p </it>= 0. 047). HBeAg positivity was associated with HBV DNA > 60 UI/ml (p = 0. 001) and ALT levels above normality (<it>p </it>= 0. 038).</p> <p>Conclusion</p> <p>Prolonged use of TDF containing HAART is associated with undetectable HBV DNA viral load. HBeAg positivity is associated with HBV viremia and increased ALT levels.</p
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