A supressão dos Embargos Infringentes e a implementação da nova técnica de julgamento do artigo 942 do Novo Código de Processo Civil

Trabalho de conclusão de curso (graduação)—Universidade de Brasília, Faculdade de Direito, 2017.O texto do Novo Código de Processo Civil promulgado no ano de 2015 extinguiu o instituto recursal dos Embargos Infringentes, anteriormente previsto pelo artigo 496, inciso III, do Código de Processo Civil do ano de 1973. Com a entrada em vigor do Novo Código de Processo Civil, e, com ele, seu artigo 942, criou-se uma nova técnica de julgamento que traz, em si, a própria essência dos Embargos Infringentes, mostrando assim que o instituto parece ainda permear no novo texto legislativo. O artigo 942 determina que a nova técnica seja aplicável às decisões não unânimes proferidas em grau de apelação, em ação rescisória e também em agravo de instrumento, consistindo, basicamente, na suspensão do julgamento corrente até que seja realizada nova sessão de julgamento com a convocação de outros julgadores em número suficiente para garantir a possibilidade de inversão do resultado inicial, restando ainda garantido às partes e a terceiros o direito de sustentação oral, que deve preferencialmente ocorrer na mesma sessão, conforme previsto pelo §1º deste artigo. Esta monografia propõe uma análise desta nova técnica de julgamento, verificando as motivações que levaram os legisladores a extinguir o instituto dos Embargos Infringentes e trazendo questionamentos acerca de sua utilização.The text of the New Code of Civil Procedure promulgated in the year 2015 extinguished the recursal institute for Infringing Embargoes, formerly provided for by article 496, item III, of the Code of Civil Procedure of the year 1973. With the entry into force of the New Process Code Civil Code, and with it, its article 942, a new technique of judgment was created, which in itself brings the very essence of Infringing Embargoes, thus showing that the institute still seems to permeate the new legislative text. Article 942 establishes that the new technique shall apply to non-unanimous decisions rendered in an appeal, in a rescissory action and also in an instrument grievance, consisting basically of the suspension of the current trial until a new trial session is held with the convocation of other judges in sufficient numbers to guarantee the possibility of reversing the initial result, and the parties and third parties still have the right to oral support, which should preferably occur in the same session, as provided for in paragraph 1 of this article. This monograph proposes a more in-depth analysis of this new technique of judgment, verifying the motivations that led the legislators to extinguish the institute of Infringing Embargoes and bringing questions about its use

Trade union strategies to tackle labour market insecurity: Geography and the role of Sheffield TUC

This paper analyses the role of trades councils and trade unions in organising within local and regional contexts around the challenges facing and potential union strategies for addressing the needs of insecure and precarious workers. We deploy a case study on the Sheffield Trade Union Council and the Sheffield Needs A Pay Rise campaign as a way of exploring innovations and challenges for the trade union movement for organising the unorganised. We explore the potentials as well as limitations of local organising and campaigning around insecurity and marginalisation by trade unions to demonstrate theoretically and empirically within industrial relations research the role of strategic spaces for action by workers and trade unions and the set of institutional, economic, social and cultural resources that workers can draw on in developing their respective strategies

Exposure to harm as a function of bargaining position: The class composition of hospitality workers in Sheffield

This article advances a zemiological framework of work-based harms, as a means of interrogating the contemporary crisis in the quality of work. Such a framework provides a more nuanced conceptualisation and a stronger political framing of the various harms that are incurred in the workplace than alternative understandings. We critically appraise the development of zemiology out of critical criminology and review recent models which demonstrate the value and insights of the approach to the topic of work-based harms. Nonetheless, these accounts tend to neglect the role of worker resistance in determining the distribution of harm, and we draw on Class Composition Analysis from Autonomist Marxism as a way of better understanding the bargaining power of workers, which in our understanding is synonymous with their ability to resist the imposition of harm. We apply this combined framework to an analysis of hospitality work in Sheffield. First, we describe workers’ experiences of three significant forms of harm (employment insecurity, wage thefts and health and safety during the COVID pandemic). Second, we explore the barriers to union organisation, which very often are linked to the dynamics generating harms in the workplace. Finally, we examine how those barriers were overcome and harms effectively contested, drawing on the example of the Sheffield Needs A Pay Rise campaign

The Complete Multipartite Genome Sequence of Cupriavidus necator JMP134, a Versatile Pollutant Degrader

BACKGROUND: Cupriavidus necator JMP134 is a Gram-negative beta-proteobacterium able to grow on a variety of aromatic and chloroaromatic compounds as its sole carbon and energy source. METHODOLOGY/PRINCIPAL FINDINGS: Its genome consists of four replicons (two chromosomes and two plasmids) containing a total of 6631 protein coding genes. Comparative analysis identified 1910 core genes common to the four genomes compared (C. necator JMP134, C. necator H16, C. metallidurans CH34, R. solanacearum GMI1000). Although secondary chromosomes found in the Cupriavidus, Ralstonia, and Burkholderia lineages are all derived from plasmids, analyses of the plasmid partition proteins located on those chromosomes indicate that different plasmids gave rise to the secondary chromosomes in each lineage. The C. necator JMP134 genome contains 300 genes putatively involved in the catabolism of aromatic compounds and encodes most of the central ring-cleavage pathways. This strain also shows additional metabolic capabilities towards alicyclic compounds and the potential for catabolism of almost all proteinogenic amino acids. This remarkable catabolic potential seems to be sustained by a high degree of genetic redundancy, most probably enabling this catabolically versatile bacterium with different levels of metabolic responses and alternative regulation necessary to cope with a challenging environment. From the comparison of Cupriavidus genomes, it is possible to state that a broad metabolic capability is a general trait for Cupriavidus genus, however certain specialization towards a nutritional niche (xenobiotics degradation, chemolithoautotrophy or symbiotic nitrogen fixation) seems to be shaped mostly by the acquisition of "specialized" plasmids. CONCLUSIONS/SIGNIFICANCE: The availability of the complete genome sequence for C. necator JMP134 provides the groundwork for further elucidation of the mechanisms and regulation of chloroaromatic compound biodegradation

Transient changes during microwave ablation simulation : a comparative shape analysis.

Microwave ablation therapy is a hyperthermic treatment for killing cancerous tumours whereby microwave energy is dispersed into a target tissue region. Modelling can provide a prediction for the outcome of ablation, this paper explores changes in size and shape of temperature and Specific absorption rate fields throughout the course of simulated treatment with different probe concepts. Here, an axisymmetric geometry of a probe embedded within a tissue material is created, solving coupled electromagnetic and bioheat equations using the finite element method, utilizing hp discretisation with the NGSolve library. Results show dynamic changes across all metrics, with different responses from different probe concepts. The sleeve probe yielded the most circular specific absorption rate pattern with circularity of 0.81 initially but suffered the largest reduction throughout ablation. Similarly, reflection coefficients differ drastically from their initial values, with the sleeve probe again experiencing the largest change, suggesting that it is the most sensitive the changes in the tissue dielectric properties in these select probe designs. These collective characteristic observations highlight the need to consider dielectric property changes and probe specific responses during the design cycle

Past, present, and future of the Living Planet Index

As we enter the next phase of international policy commitments to halt biodiversity loss (e.g., Kunming-Montreal Global Biodiversity Framework), biodiversity indicators will play an important role in forming the robust basis upon which targeted, and time sensitive conservation actions are developed. Population trend indicators are one of the most powerful tools in biodiversity monitoring due to their responsiveness to changes over short timescales and their ability to aggregate species trends from global down to sub-national or even local scale. We consider how the project behind one of the foremost population level indicators - the Living Planet Index - has evolved over the last 25 years, its value to the field of biodiversity monitoring, and how its components have portrayed a compelling account of the changing status of global biodiversity through its application at policy, research and practice levels. We explore ways the project can develop to enhance our understanding of the state of biodiversity and share lessons learned to inform indicator development and mobilise action

Exploring the evolution of multicellularity in Saccharomyces cerevisiae under bacteria environment: An experimental phylogenetics approach

© 2018 Published by John Wiley & Sons Ltd. There have been over 25 independent unicellular to multicellular evolutionary transitions, which have been transformational in the complexity of life. All of these transitions likely occurred in communities numerically dominated by unicellular organisms, mostly bacteria. Hence, it is reasonable to expect that bacteria were involved in generating the ecological conditions that promoted the stability and proliferation of the first multicellular forms as protective units. In this study, we addressed this problem by analyzing the occurrence of multicellularity in an experimental phylogeny of yeasts (Sacharomyces cerevisiae) a model organism that is unicellular but can generate multicellular clusters under some conditions. We exposed a single ancestral population to periodic divergences, coevolving with a cocktail of environmental bacteria that were inoculated to the environment of the ancestor, and compared to a control (no bacteria). We quantified culturable microorganisms to the level of genera, finding up to 20 taxa (all bacteria) that competed with the yeasts during diversification. After 600 generations of coevolution, the yeasts produced two types of multicellular clusters: clonal and aggregative. Whereas clonal clusters were present in both treatments, aggregative clusters were only present under the bacteria treatment and showed significant phylogenetic signal. However, clonal clusters showed different properties if bacteria were present as follows: They were more abundant and significantly smaller than in the control. These results indicate that bacteria are important modulators of the occurrence of multicellularity, providing support to the idea that they generated the ecological conditions-promoting multicellularity.Link_to_subscribed_fulltex