Ressignificando o estado civil : de divorciado(a) a (re)solteiro(a)

Orientador: Prof. Dr. Paulo NalinTese (doutorado) - Universidade Federal do Paraná, Setor de Ciências Jurídicas, Programa de Pós-Graduação em Direito. Defesa : Curitiba, 27/02/2023Inclui referências: p. 188-208Área de concentração: Direito das Relações SociaisResumo: A presente tese tem por objetivo a ressignificação do estado civil de divorciado, a partir do remodelar ontológico do instituto, permitindo a retomada – em circunstâncias próprias e específicas – do status familiae de solteiro(a). Metodologicamente, em movimentos interpretativistas, realiza-se uma análise histórico-evolutiva do divórcio, voltada a compreender os contornos atuais deste relevante conceito jusfamilista e, também, propor uma dinamização do estado civil que admita a reconstituição do estado civil anterior ao casamento. Com o reconhecimento jurídico da dissolubilidade do casamento, o divórcio ganhou elevada relevância na conformação de um direito de família que se proponha ao fomento da dignidade humana. E isso porque, objetivamente, a secularização do matrimônio deslocou o eixo da proteção do vínculo marital, concedendo o espaço de protagonismo à pessoa humana. No entanto, apesar de superar a natureza sacrossanta do casamento, impõe-se uma nova realidade potencialmente subjugadora: a ditadura do registro civil do divórcio. Afinal, em não havendo celebração de novas núpcias, é impositiva a manutenção perene do status de divorciado(a) – algo que, ao menos em abstrato, poderia significar um estigma pessoal injustificável. A proposta central desta tese, então, repousa na possibilidade de modificação do estado civil por mera manifestação de vontade, desde que atendidas as exigências particulares para tanto. Não se trata de um apagar do histórico de vida dos indivíduos, com a prejudicialidade das funções relevantes do registro civil; pelo contrário, reconhece-se a imperiosidade da manutenção do histórico registral para diversos fins, o que, porém, não inviabiliza a proposição de transitoriedade do status de divorciado(a), cuja modificação – opcional, e não impositiva – deve estar afinada à dimensão funcional da autonomia da vontade. A ostentação obrigatória do estado civil de divorciado(a) se justificaria apenas nos casos em que houvesse alguma pendência matrimonial por solucionar (v.g., ausência de partilha patrimonial ou debate sobre questões afetas à prole). Nos demais, permitir-se-ia que ex-cônjuges, em o desejando, modificassem volitivamente o seu status, para retomar junto ao registro civil, o estado civil de solteiro(a). Dessa maneira, remodela-se a concepção do estado civil, superando os grilhões da aparente intangibilidade da disciplina de ordem pública para deslocar o seu eixo ao norte da autodeterminação individual. Para que a tese se formate da maneira esperada, apresenta-se, complementarmente, uma reformulação da concepção de estado civil, que deixa a sua condição instrumental para inspirar uma proteção finalística por parte do ordenamento jurídico. Assim, tem-se uma guinada da concepção ontológica do status civitatis, que reclama uma mudança paradigmática essencial voltada ao fomento da dignidade da pessoa humana – notadamente à figura das mulheres. O ordenamento jurídico pátrio, sob o manto da metodologia civilconstitucional, não apenas comporta o rearranjo conceitual do estado civil como, mais que isso, impõe a necessidade de reformulação do instituto. Somente por essa via é que se pode equacionar o conceito do divórcio à proposta de emancipação da pessoa humana. A presente tese é um estudo de registro civil que, em última análise, busca a promoção da dignidade humana, inaugurando a era de um novo individualismo jusfamilista, com ênfase na dinamização do estado civil.Abstract: The present thesis has the objective of building a resignification of the divorced marital status, from the ontological remodeling of the institute, allowing the resumption - in specific circumstances - of the single-family status. Methodologically, in interpretivists movements, a historical-evolutionary analysis of divorce is carried out, aimed at, at the same time, understanding the current contours of this relevant jusfamilist concept and proposing a dynamization of the marital status that admits the reconstitution of the marital status prior to the wedding. With the legal recognition of the dissolution of marriage, divorce has gained high relevance in the conformation of a family law that proposes to promote human dignity. And this is because, objectively, the secularization of marriage ended up displacing the axis of protection of the marital bond, giving the human person the space of protagonism. However, despite overcoming the sacrosanct nature of marriage, a potentially overwhelming new reality imposes itself: the dictatorship of divorce. After all, in the absence of a new marriage, the individual is forced to permanently maintain his or her divorced status – something that, at least in the abstract, could mean an unjustifiable personal stigma. The central proposal of this thesis, then, rests on the possibility of modifying the marital status by mere manifestation of will, provided that the particular requirements are met. It is not a question of erasing the life history of individuals, with the prejudice of the relevant functions of the civil registry; on the contrary, it is recognized that it is imperative to maintain the registration history for various purposes, which, however, does not preclude the proposition of transience of the divorced status, whose modification – optional, and not imposed – must be in tune with the dimension functional autonomy of the will. The mandatory display of the divorcee's marital status would only be justified in cases where there was some unresolved matrimonial dispute (e.g., absence of property sharing or debate on issues affecting the offspring). In the others, the exspouses, if they so wish, would be allowed to change their status volitionally, in order to resume their single marital status with the civil registry. In this way, the conception of marital status is remodeled, overcoming the shackles of the apparent intangibility of the discipline of public order to shift its axis to the north of individual self-determination. In order for the thesis to be formatted as expected, a reformulation of the very conception of marital status is presented, which leaves its instrumental condition to inspire a finalistic protection by the legal system. Thus, there is a shift in the ontological conception of status civitatis, which calls for an essential paradigm shift aimed at fostering the dignity of the human person – notably the figure of women. The national legal system, under the cloak of a civil-constitutional methodology, not only includes the conceptual rearrangement of marital status but, more than that, imposes the need to reformulate the institute. Only in this way can the concept of divorce be equated with the proposal for the emancipation of the human person. The present thesis is a study of civil registration that, in the final analysis, seeks to promote human dignity, inaugurating the era of a new jusfamilist individualism, with an emphasis on the dynamization of the marital status

2001 AAPP Monograph Series

The African American Professors Program (AAPP) at the University of South Carolina is pleased to produce this premier edition of its annual monograph series. It is fitting that the program assume a leadership role in promoting scholarly products that will prove to be useful in future research efforts by faculty and students in higher education. Scholars who have contributed manuscripts for this monograph are to be commended for adding this additional responsibility to their academic workload. Writing across disciplines adds to the intellectual diversity of these papers. From neophytes, relatively speaking, to an array of very experienced individuals, the chapters have been researched and, comprehensively, written. AAPP was created in 1997 under the leadership of Drs. Aretha B. Pigford and Leonard 0. Pellicer, Department of Educational Leadership and Policies. It was designed to address the underrepresentation of African American professors on college and university campuses. Its mission is to expand the pool of these professors in critical academic and research areas. Sponsored by the University of South Carolina, the W. K. Kellogg Foundation, and the South Carolina General Assembly, the program recruits students with bachelor\u27s, master\u27s, and doctoral degrees for disciplines in which African Americans, currently, are underrepresented. An important component of the program is the mentoring experience that is provided. Each student is assigned to a mentor professor who guides the student through a selected academic program and provides various learning experiences. When possible, the mentor serves as chair of the student\u27s doctoral committee. The mentor, also, provides opportunities for the student to team teach, conduct research, and co-author publications. Students have opportunities to attend committee, faculty, and professional meetings, as well as engage in a range of activities that characterize professional life in academia. Scholars enrolled in the program, also, are involved in programmatic and institutional workshops, independent research, and program development. The establishment or genesis of this monograph series is seen as responding to an opportunity to be sensitive to an academic expectation of graduates as they pursue career placement and, also, one that allows for the dissemination of AAPP products to a broader community. We hope that you, likewise, will read this premier monograph of the African American Professors Program with enthusiasm or enlightenment. John McFadden, Ph.D. The Benjamin Elijah Mays Professor Director, African American Professors Program University of South Carolinahttps://scholarcommons.sc.edu/mcfadden_monographs/1005/thumbnail.jp

2003 AAPP Monograph Series

It is significant that the African American Professors Program (AAPP) at the University of South Carolina is producing the third edition of its annual monograph series at this time-the fifth anniversary of AAPP. The program graciously accepts the challenge of putting into place a requirement for the scholars to produce quality research papers worthy of publication. This provides widespread visibility for them and enhances their curriculum vitae concurrently. Scholars who have contributed manuscripts for this monograph are to be commended for adding this additional responsibility to their academic workload. Writing across disciplines adds to the intellectual diversity of these papers. From neophytes, relatively speaking, to an array of very experienced individuals, the chapters have been researched and comprehensively written. Founded in 1997 through the Department of Educational Leadership and Policies in the College of Education, AAPP was designed to address the underrepresentation of African American professors on college and university campuses. Its mission is to expand the pool of these professors in critical academic and research areas. Sponsored by the University of South Carolina, the W. K. Kellogg Foundation, and the South Carolina General Assembly, the program recruits students with bachelor\u27s, master\u27s, and doctoral degrees for disciplines in which African Americans currently are underrepresented. An important component of the program is the mentoring experience that is provided. Each student is assigned to a mentor/professor who guides the student through a selected academic program and provides various learning experiences. When possible, the mentor serves as chair of the student\u27s doctoral committee. The mentor also provides opportunities for the student to team teach, conduct research, and co-author publications. Students have the advantage of attending committee, faculty, and professional meetings, as well as engaging in a range of activities that characterize professional life in academia. Scholars enrolled in the program also are involved in programmatic and institutional workshops, independent research, and program development. The continuation of this monograph series is seen as responding to a window of opportunity to be sensitive to an academic expectation of graduates as they pursue career placement and, at the same time, one that allows for the dissemination of AAPP products to a broader community. The importance of this monograph series has been voiced by one of our 2002 AAPP graduates, Dr. Shundelle LaTjuan Dogan, a recent Harvard Administrative Fellow at Harvard University and now Program Officer for the Southern Education Foundation, Atlanta, Georgia. Dr. Dogan wrote: One thing in particular that I want to thank you for is having the African American Professors Program scholars publish articles for the monograph. I have to admit that writing the articles seemed like extra work at the time. However, in my recent interview process, organizations have asked me for samples of my writing. Including an article from a published monograph helped to make my portfolio much more impressive. You were right on target in having us do the monograph series. We hope that you will read this monograph of the African American Professors Program with enthusiasm or enlightenment. John McFadden, Ph.D. The Benjamin Elijah Mays Professor Director, African American Professors Program University of South Carolinahttps://scholarcommons.sc.edu/mcfadden_monographs/1006/thumbnail.jp

2002 AAPP Monograph Series: African American Professors Program

The African American Professors Program (AAPP) at the University of South Carolina is pleased to produce the second edition of its annual monograph series. It is fitting that the program contrives to assume a leadership role in promoting scholarly products that prove to be useful in research endeavors by faculty and students in higher education. Scholars who have contributed manuscripts for this monograph are to be commended for adding this additional responsibility to their academic workload. Writing across disciplines adds to the intellectual diversity of these papers. From neophytes, relatively speaking, to an array of very experienced individuals, the chapters have been researched and comprehensively written. Founded in 1997 through the Department of Educational Leadership and Policies in the College of Education, AAPP was designed to address the underrepresentation of African American professors on college and university campuses. Its mission is to expand the pool of these professors in critical academic and research areas. Sponsored by the University of South Carolina, the W.K. Kellogg Foundation, and the South Carolina General Assembly, the program recruits students with bachelor\u27s, master\u27s, and doctoral degrees for disciplines in which African Americans, currently, are underrepresented. An important component of the program is the mentoring experience that is provided. Each student is assigned to a mentor professor who guides the student through a selected academic program and provides various learning experiences. When possible, the mentor serves as chair of the student\u27s doctoral committee. The mentor, also, provides opportunities for the student to team teach, conduct research, and co-author publications. Students have opportunities to attend committee, faculty, and professional meetings, as well as to engage in a range of activities that characterize professional life in academia. Scholars enrolled in the program also are involved in programmatic and institutional workshops, independent research, and program development. The continuation of this monograph series is seen as responding to an opportunity to be sensitive to an academic expectation of graduates as they pursue career placement and, also, one that allows for the dissemination of AAPP products to a broader community. We hope that you will read this monograph of the African American Professors Program with enthusiasm or enlightenment. John McFadden, Ph.D. The Benjamin Elijah Mays Professor Director, African American Professors Program University of South Carolinahttps://scholarcommons.sc.edu/mcfadden_monographs/1000/thumbnail.jp

Role of Cellular Heparan Sulfate Proteoglycans in Infection of Human Adenovirus Serotype 3 and 35

Species B human adenoviruses (Ads) are increasingly associated with outbreaks of acute respiratory disease in U.S. military personnel and civil population. The initial interaction of Ads with cellular attachment receptors on host cells is via Ad fiber knob protein. Our previous studies showed that one species B Ad receptor is the complement receptor CD46 that is used by serotypes 11, 16, 21, 35, and 50 but not by serotypes 3, 7, and 14. In this study, we attempted to identify yet-unknown species B cellular receptors. For this purpose we used recombinant Ad3 and Ad35 fiber knobs in high-throughput receptor screening methods including mass spectrometry analysis and glycan arrays. Surprisingly, we found that the main interacting surface molecules of Ad3 fiber knob are cellular heparan sulfate proteoglycans (HSPGs). We subsequently found that HSPGs acted as low-affinity co-receptors for Ad3 but did not represent the main receptor of this serotype. Our study also revealed a new CD46-independent infection pathway of Ad35. This Ad35 infection mechanism is mediated by cellular HSPGs. The interaction of Ad35 with HSPGs is not via fiber knob, whereas Ad3 interacts with HSPGs via fiber knob. Both Ad3 and Ad35 interacted specifically with the sulfated regions within HSPGs that have also been implicated in binding physiologic ligands. In conclusion, our findings show that Ad3 and Ad35 directly utilize HSPGs as co-receptors for infection. Our data suggest that adenoviruses evolved to simulate the presence of physiologic HSPG ligands in order to increase infection

Comparative effectiveness of Anti-IL5 and Anti-IgE biologic classes in patients with severe asthma eligible for both.

BACKGROUND: Patients with severe asthma may present with characteristics representing overlapping phenotypes, making them eligible for more than one class of biologic. Our aim was to describe the profile of adult patients with severe asthma eligible for both anti-IgE and anti-IL5/5R and to compare the effectiveness of both classes of treatment in real life. METHODS: This was a prospective cohort study that included adult patients with severe asthma from 22 countries enrolled into the International Severe Asthma registry (ISAR) who were eligible for both anti-IgE and anti-IL5/5R. The effectiveness of anti-IgE and anti-IL5/5R was compared in a 1:1 matched cohort. Exacerbation rate was the primary effectiveness endpoint. Secondary endpoints included long-term-oral corticosteroid (LTOCS) use, asthma-related emergency room (ER) attendance, and hospital admissions. RESULTS: In the matched analysis (n = 350/group), the mean annualized exacerbation rate decreased by 47.1% in the anti-IL5/5R group and 38.7% in the anti-IgE group. Patients treated with anti-IL5/5R were less likely to experience a future exacerbation (adjusted IRR 0.76; 95% CI 0.64, 0.89; p < 0.001) and experienced a greater reduction in mean LTOCS dose than those treated with anti-IgE (37.44% vs. 20.55% reduction; p = 0.023). There was some evidence to suggest that patients treated with anti-IL5/5R experienced fewer asthma-related hospitalizations (IRR 0.64; 95% CI 0.38, 1.08), but not ER visits (IRR 0.94, 95% CI 0.61, 1.43). CONCLUSIONS: In real life, both anti-IgE and anti-IL5/5R improve asthma outcomes in patients eligible for both biologic classes; however, anti-IL5/5R was superior in terms of reducing asthma exacerbations and LTOCS use

Adenovirus Gene Transfer to Amelogenesis Imperfecta Ameloblast-Like Cells

To explore gene therapy strategies for amelogenesis imperfecta (AI), a human ameloblast-like cell population was established from third molars of an AI-affected patient. These cells were characterized by expression of cytokeratin 14, major enamel proteins and alkaline phosphatase staining. Suboptimal transduction of the ameloblast-like cells by an adenovirus type 5 (Ad5) vector was consistent with lower levels of the coxsackie-and-adenovirus receptor (CAR) on those cells relative to CAR-positive A549 cells. To overcome CAR -deficiency, we evaluated capsid-modified Ad5 vectors with various genetic capsid modifications including “pK7” and/or “RGD” motif-containing short peptides incorporated in the capsid protein fiber as well as fiber chimera with the Ad serotype 3 (Ad3) fiber “knob” domain. All fiber modifications provided an augmented transduction of AI-ameloblasts, revealed following vector dose normalization in A549 cells with a superior effect (up to 404-fold) of pK7/RGD double modification. This robust infectivity enhancement occurred through vector binding to both αvβ3/αvβ5 integrins and heparan sulfate proteoglycans (HSPGs) highly expressed by AI-ameloblasts as revealed by gene transfer blocking experiments. This work thus not only pioneers establishment of human AI ameloblast-like cell population as a model for in vitro studies but also reveals an optimal infectivity-enhancement strategy for a potential Ad5 vector-mediated gene therapy for AI

Characterization of patients in the International Severe Asthma Registry with high steroid exposure who did or did not initiate biologic therapy

Peer reviewedPostprin