Political activity of brazilian adjudication: some dimensions

Since de advent of what is known as new constitucionalism, jurists have faced a difficult task in order to overcome some failures of normative positivism. In this context, the judiciary has played a renewed role, which can be justified on grounds of legal theory and on institutional reasons. However, this new role has led legal philosophers to several concerns, such as the relationship between law and ethics. On one hand, Critical Legal Studies points out that the judge always acts informed by his own convictions. On the other hand, according to R. Forst (within another context, but also relevant here), this is not really a problem, because a rule can be provided with ethics, but not ethically justified. This openness of law to moral makes it difficult for the interpretative judicial discourse to be taken as claimed by K. Günther: as a discourse of application only, and not of justification. All these controversies, however, lead to a common statement: the constitutional adjudication has been exercising a different activity. Some legal systems allows such activity legitimacy in some extent, like Brazilian’s, for example, which i) states a very broad adjudication, ii) provides an extensive catalog of basic rights, and iii) contains several procedural mechanisms for their protection. This empowers the adjudication to exercise what can be called a political activity. Therefore, a series of moral issues which were once exclusive to the political arena have been brought to the judiciary, such as: gay marriage, abortion, affirmative action, religious freedom, federation, separation of powers, distribution of scarce resources. In a democracy, these moral questions ought to be mainly decided through deliberation outside the judiciary, but not always this is what happens. The paper discusses these issues, showing also how the Brazilian Supreme Court has dealt - technically, or not - with this relationship between law and justice in a complex and pluralist society

Valley polarization effects on the localization in graphene Landau levels

Effects of disorder and valley polarization in graphene are investigated in the quantum Hall regime. We find anomalous localization properties for the lowest Landau level (LL), where disorder can induce wavefunction delocalization (instead of localization), both for white-noise and gaussian-correlated disorder. We quantitatively identify the contribution of each sublattice to wavefunction amplitudes. Following the valley (sublattice) polarization of states within LLs for increasing disorder we show: (i) valley mixing in the lowest LL is the main effect behind the observed anomalous localization properties, (ii) the polarization suppression with increasing disorder depends on the localization for the white-noise model, while, (iii) the disorder induces a partial polarization in the higher Landau levels for both disorder models.Comment: 5 pages, 6 figures, extended version, with 2 new figures adde

Chinchillidae and Dolichotinae rodents (Rodentia: Hystricognathi: Caviomorpha) from the late Pleistocene of Southern Brazil

New records of rodents from the late Pleistocene Chuí Creek, Rio Grande do Sul State, southern Brazil, are here described. A partial dentary with fragmented cheek teeth is identified as Chinchillidae, Lagostomus Brookes cf. L. maximus (Desmarest). Other two specimens are identified as cheek teeth of Dolichotinae indet. (Caviidae). Pleistocene fossils of Lagostomus were previously reported for Argentina and Uruguay. The material of Lagostomus from Chuí Creek represents the first confidently record of this taxon Brazil. Pleistocene fossil remains of Dolichotinae have been found in Argentina, Uruguay and other areas of southern Brazil, though the Brazilian find lack precise stratigraphic information. These new records widen the paleobiogeographic distribution of Lagostomus and confirm the presence of Dolichotinae during the late Pleistocene of southern Brazil.Fil: Kerber, Leonardo. Fundação Zoobotânica do Rio Grande do Sul; BrasilFil: Pereira Lopes, Renato. Universidade Federal do Rio Grande do Sul; BrasilFil: Vucetich, María Guiomar. Universidad Nacional de La Plata. Facultad de Ciencias Naturales y Museo. División Paleontología Vertebrados; Argentina. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - La Plata; ArgentinaFil: Ribeiro, Ana Maria. Fundação Zoobotânica do Rio Grande do Sul; BrasilFil: Pereira, Jamil. Museu Coronel Tancredo Fernandes de Mello; Brasi

Portuguese media discourse on nuclear energy before and after Fukushima: prepared for the EFDA Workprogramme 2012 WP12-SER-ACIF-1

This report presents the results of the analysis of nuclear related content in Portuguese print media. The report is submitted to the first step of the research task untitled Public Discourse about Nuclear Fusion before and after the Fukushima accident, as part of the Socio-Economic Research on Fusion under the general coordination of EFDA Workprogramme 2012

Comparative Analysis of the public discourse about fusion and nuclear energy before and after Fukushima: WP12-SER-ACIF-1 Final Report

This report presents a comparative analysis of media coverage of fusion and fission energy before and after the accident in the nuclear reactors of Fukushima, Japan. The analysis is based on research conducted under the EFDA Workprogramme 2012, addressing three national-based print media – Germany, Spain and Portugal as well as English-language print media addressing transnational elite