bluuebunny/crossref_metadata_2025 huggingface dataset:
Short Analysis of Klaus Barbie and Jean-Pierre Bemba Gombo in Pointing out of the Responsability of Natural Persons for International Crimes
Authors: Florea Dumitrita
Published: January 2022

In international law doctrine carried on extensive talking and still it is a actual subject, if the individual is liable of responsability and, implied, of sanction for international crimes. Before to reveal some aspects of natural persons responsability for international crimes a couple of clarifications is required. Thus, we recall that the first author which use the term international criminal law was Jeremy Bentham, who distinguished between the criminal law of the community of states and the criminal law of a state. Over time, legal doctrine has extrapolated the concept of legal relationships with an international element, making the distinction between public international law and private international law. If criminal law is a branch of public law, then international criminal law becomes a sub-branch of international law, regulating criminal legal relationships with an international element. In other words, referring to private international law, we specify that it represents the totality of legal norms that resolve conflicts of laws or conflicts of jurisdiction and those regarding the legal status of the foreign national. In this context, the international element appears as a factual circumstance related to a legal relationship due to which this relationship is related to several legal systems (or laws belonging to different countries). With regard to international criminal law, we specify that this is a branch of public international law and designates the set of legal norms stipulated in various conventions and treaties by which states, in their capacity as subjects of law, order the repression of illicit acts that infringe fundamental rights of the international community. In other words, international criminal law consists of rules of general international law that govern the criminal liability of natural persons, individuals, for acts that harm international public order and constitute crimes against humanity.
Digital Euro: A (Digital) Symbol of Progress and Integration in Europe
Authors: Ignatescu Camelia , Onufreiciuc Raluca
Published: January 2022

The emergence of crypto assets such as Bitcoin and Ether exposed a number of advantages that these digital assets based on distributed ledger technology (DLTs) can offer. As cash is becoming less and less popular in the eurozone, the European Central Bank (ECB) is currently looking at the scenario of creating a digital euro as a kind of central bank money that may be used by the general public. DLT may be used to tokenize central bank money via digital currencies (CBDCs) issued by central banks, as well as to digitally represent bank deposits. The purpose of this article is to analyse what are the solutions for the future digitization of the monetary and financial systems and if current CBDC projects and prototypes, including those by the Chinese and Swedish central banks and the attempts of the ECB, have the chance to succeed with or without DLT.
What I Learned as a Physical Educator
Authors: Freischlag Jerry
Published: January 2022

All professions foster an identity among practitioners. Physical education is no different. How this identify influences and is expressed throughout one’s life and lifestyle is a topic not seen in our literature. In this essay, I provide a perspective for those entering as well as those engaged in the profession to reflect on the scope of being a physical educator. I’ll start with my beginning in the profession.
Analysis of the Factors Affecting the Instrumentation of the Technological Process of the Activated Carbon Material Production
Authors: Popova A.A. , Shubin I.N.
Published: January 2022

The article discusses significance of the development of activated carbon materials with a high specific surface area and high porosity. The features of the course of chemical activation and the factors influencing the characteristics of the obtained material have been established. The main stages of the activation of the carbon material, including the preliminary raw carbon material carbonization, its alkaline activation, and the post-processing of the created material, have been determined. The mutual influence of temperature and flow rate of an inert gas on the characteristics of a carbon material
obtained with a BET specific surface in the range of 2550–2700 m2/g is experimentally investigated. The analysis of the obtained results has been carried out. Recommendations are given for reducing ambiguity and uncertainty during the transition from laboratory research to pilot production. The resulting activated carbon material can be used as a sorbent in gas purification systems, gas accumulators and for solving various environmental problems.
Development and Analysis of a Parallel Structure Mechanism with Slotted Arcuate Guides and a Constant Entry Point
Authors: Dukhov A.V. , Romanov A.A. , Erofeev M.N. , Kravchenko I.N. , Nikolaev A.V.
Published: January 2022

The development and study of new mechanisms of a parallel structure ensuring the constancy of the point of instrument entry into the working area is an urgent task of surgery and scientific medicine. A structural synthesis of a parallel structure mechanism designed for robotic laparoscopic surgery has been performed. The proposed mechanism is equipped with arcuate guides with slots installed on the base perpendicular to each other. At the intersection of the slots, there is a bushing through which a straight shaft connected to the output link moves linearly. This arrangement provides a constant entry point, which allows the developed mechanism to be used in laparoscopic surgery and studies of plasma properties. For this mechanism, the inverse problem of positions has been solved, the working area has been determined, and a 3D model has been developed.
Topological Optimization of the Strength Element of the Aircraft Compartment Made of Metal-Matrix Composite Material
Authors: Magidov I.S. , Mikhailovskiy K.V.
Published: January 2022

At present, in order to increase the weight efficiency of parts and structures of promising aircraft and rocket-space vehicles, various types of additive technologies and topological optimization methods are being actively introduced. Their purpose is a significant reduction in time and financial costs in the manufacture and creation of fundamentally new geometric solutions. The article considers approaches to selecting the geometric parameters of the strength elements of the flight vehicle body made of a metal-matrix composite material based on VT6 titanium alloy, reinforced with a finely dispersed silicon carbide powder, which is produced by direct laser growth technology. On the basis of numerical simulation, the dependences of the metal-matrix composite material physicomechanical and thermophysical characteristics on the volume fraction of silicon carbide have been determined. It was found that the use of a metal-matrix composite material and the optimization of geometric parameters with adaptation to the direct laser growth technology allows reducing the weight of the strength element of the flight vehicle body by more than 30% (depending on the overall dimensions).
The Impact of Tourism Development on the Local Communities in Namibia
Authors: Romeo Asa Asa , Tjizumaue Bianca , Campbell Harold , Pangeiko Nautwima Johanna
Published: January 2022

This article aims to identify and explain the current challenges being faced due to the impact of tourism development on the local communities in Namibia. The State touts Tourism’s socio-cultural benefits through its respective line ministries as highly significant towards the development and economic growth, as articulated in the current National Development Plan (NDP5). ”… The tourism industry is an important contributor to the generation of foreign exchange earnings, investments, revenue, employment, rural development, poverty reduction, and the growth of the country’s economy. Tourism also creates substantial direct and peripheral benefits because of its multiplier effect, based on its reliance on widespread supplies and services” ((NPC), 2017). The Foreign-exchange earnings and balance of payment benefits derived from tourism receipts are considered a double-edged sword. The money spent by tourists in the Namibian economy is significant. Tourism can have both negative and positive impacts on the local community. This desk research found an appalling concern for many developing countries to over-depend on tourism to pursue economic growth and development. It is argued that this serves as a demonstration of how tourism development elevates the prices related to real estate and general costs of goods and services, which eventually leads to inflation. Finally, we assume that self-efficacy positively influences the involvement of local communities in tourism development which has positive implications on their quality of life regarding social and economic bearings. Additionally, local communities should be more supportive and instead have a positive attitude towards tourism development, thus resulting in a more profitable tourism sector. In concluding, the authors viewed that the government should also ensure that the local people are well informed about the importance of tourism, how it impacts economic development and the realization of a sustainable tourism strategy for Namibia.
Opodatkowanie niepożądanej społecznie konsumpcji. Wprowadzenie do tematyki
Authors: Brzeziński Bogumił
Published: January 2022

Współcześnie można zaobserwować zjawisko wprowadzania do systemów podatkowych wielu państw podatków od towarów i usług uznanych za społecznie niepożądane. Należą one do kategorii podatków akcyzowych. Ich przedmiotem jest niezdrowa żywność – przede wszystkim napoje orzeźwiające z dodatkiem cukru, dania nasycone tłuszczem, środkami utrwalającymi smak, generalnie: jedzenie śmieciowe. W Polsce podatkiem tego rodzaju jest obowiązujący od 2021 r. po­datek cukrowy. Artykuł poświęcony jest zarysowaniu organizacyjnych i prawnych aspektów funk­cjonowania tej kategorii podatków oraz konsekwencji ich funkcjonowania, a zwłaszcza możliwości wpływania na skalę niepożądanej konsumpcji i jej ograniczania ze względu na potrzeby ochrony zdrowia społeczeństwa.
Glosa do postanowienia Sądu Najwyższego z dnia 15 stycznia 2021 roku, sygn. III KK 321/19
Authors: Izydorczyk Jacek
Published: January 2022

Komentarz do orzeczenia Sądu Najwyższego dotyczącego czynu karnoskarbowego – tzw. nieodprowadzenia w terminie przez płatnika pobranego podatku (art. 77 § 1 k.k.s.). Autor aprobuje stanowisko Sądu Najwyższego potwierdzające, że wskazany czyn karnoskarbowy ma tzw. charakter materialny. Ponadto koncentruje się na problemie bezzasadnego ścigania karnego w sprawach podatkowych.
Effect of Body Condition Score at Calving on Postpartum Performance of Murrah Buffaloes
Authors: Alapati Anitha , Kapa Sarjan Rao , Jeepalyam Suresh
Published: January 2022

Background: Body condition score (BCS) system is a subjective method to assess the body fat reserves particularly over the bony prominences like back and pelvic region. It is based on evaluation of the outer appearance of the animal that interacts with its body fat reserves and therefore is directly influenced by energy balance. Studies on the relationship between BCS and postpartum performance were meager in buffaloes. Hence, the present work was carried out to study the relationship between BCS at calving and postpartum performance in Murrah buffaloes. Methods: The effect of body condition score at calving (BCSc) on the postpartum performance was studied in 24 Murrah buffaloes grouped based on BCS, maintained at Buffalo Research Station during 2018-19. Result: The study showed that buffaloes of BCSc above 3.5 with significantly (P less than 0.01) higher body weights showed better reproductive performance compared to buffaloes of BCSc groups below 3.5 with less body weights. The prepartum and weekly postpartum changes in BCS studied showed that the buffaloes gained a BCS of 0.57 from 3 months prepartum to one week prepartum, lost 0.17 BCS due to calving, further showed a decline in BCS up to 9 weeks of postpartum and then started regaining BCS gradually until 18 weeks postpartum. The mean LBCS over the period of 18 weeks postpartum was comparatively higher (0.75±0.05) than BCS restored in the early lactation which was shown as GBCS (0.34±0.02). Buffaloes of BCSc group 3.5-3.99 showed the best reproduction performance among the four BCSc groups with less postpartum estrus period (46.66 days), service period (58.83 days), number of service per conception (1.50) and high rate of 1st service conception (66.66%).
​Antagonistic Activity of Panchagavya and Trichoderma spp. against Wilt Complex causing Pathogens of Chickpea (Cicer arietinum L.)
Authors: Parmar H.V. , Gohel N.M.
Published: January 2022

Background: Chickpea wilt complex caused by several soil-borne pathogens is the major yield-reducing malady worldwide. Biological control is one of the best, low-cost and ecologically sustainable method for managing plant diseases caused by soil-borne pathogens. Methods: In this present investigation Panchagavya and Trichoderma spp. were evaluated by following poisoned food technique and dual culture technique against wilt complex causing pathogens i.e. Fusarium oxysporum f. sp. ciceri, Fusarium solani and Macrophomina phaseolina. Result: Among the different isolates of Trichoderma spp. evaluated, Trichoderma viride (AAU isolate) was highly antagonistic to F. oxysporum f. sp. ciceri (52.78%) and F. solani (65.37%) whereas, Trichoderma asperellum (AAU isolate) was highly antagonistic to M. phaseolina (65.93%). Panchagavya at the highest concentration (50%) showed significantly higher efficacy (80.74, 66.62 and 49.67%) in inhibiting the mycelial growth of all three pathogens and at the lowest concentration it was moderately effective.
Residual Effects of Chemical Fertilizers, Organic Manure and Biofertilizers Applied to Preceding Gobhi sarson Crop on Summer Mung Bean (Vigna radiata L.)
Authors: Ratanoo Rekha , Walia S.S. , Saini K.S. , Dheri G.S.
Published: January 2022

Background: Inclusion of legume crops in multiple cropping systems has become crucial to increase the sustainability of agroecosystems. Short duration mung bean can be easily fitted into many cropping sequences which also turns the farming highly remunerative along with strengthening the sustainability. The current study was aimed to evaluate residual effect of nutrient management on performance of summer mung bean in a gobhi sarson - summer mung bean sequence. Methods: During the period of 2016-17 and 2017-18 different doses of chemical fertilizers (NPK), combination of FYM with chemical fertilizers and different biofertilizers alone as well as their combination were evaluated to find out their residual effect on summer mung bean grown after the gobhi sarson crop. The data on growth parameters, yield attributes viz; plant height, dry matter accumulation, number of branches per plant, number of pods per plant, number of seeds per pod, 100- seed weight were collected. The seed and biological yield from different treatments was also evaluated. Result: All growth parameters, yield attributes, seed and biological yield of summer mung bean were affected significantly with chemical fertilizers, their combined application with FYM treatments as well as different biofertilizers treatments applied to preceding gobhi sarson. Growth and yield significantly improved with each incremental dose of chemical fertilizers i.e. from 0 to 50% RDF, 50 to 75% RDF, 75 to 100% RDF while 50% RDF + FYM @ 10 t ha-1 being the best treatment. The treatment with consortium showed significantly maximum yield and growth parameters followed by combined application of Azotobacter + PSB, PSB alone, Azotobacter alone and no inoculation treatments, respectively.
Pork production and consumption issues from the perspective of the religion and the World's growing population
Authors: Vida Viktoria , Szűcs István
Published: January 2022

In this article we would like to present the production and consumption issues of pork meat in the world. We intend to examine the production and consumption of pork meat from the point of view of the population. The growing population of the world requires an increasing amount of food, especially animal source of protein, ie meat. We want to examine how the world can supply the growing population with food, including (pork) meat. The growing population generates ever-increasing consumption from year to year, and may not be able to satisfy it, adequately supplying the population with food, especially (pork) meat. Livestock farming, especially extensive animal husbandry, will be less able to produce sufficient quantities of meat for the growing needs.
During the analysis of food (meat) data we would like to present the difference between each continent on both the production and the consumption side. Examining the pork consumption, it should be mentioned the differences in the cultural habits, because the pork meat is the most affected in religious restrictions, regulations. The religious affiliation/identity is basically determined by the food and consumer habits, too. Due to the differences in dietary habits and religious culture, we think that the consumption of pork can be highly variable in the world and from country to country as well.
In general, we would like to answer questions about how the world (pork) meat production is going, is the meat consumed in the countries where it is produced (export – import issues), what are the factors that influence (pork) meat consumption (culture and religion impact on pork consumption, animal health issues), and is there enough (pork) meat for the world's growing population.
JEL code: P46, Q18, Q56
Empowerment of rural women farmers and food production in Rathnapura district in Sri Lanka: a household level analysis
Authors: Rathnachandra S D D
Published: January 2022

Women empowerment and gender equity are two significant aspects of the sustainable development of a country. As Sri Lanka is on the way towards sustainable development, this study was conducted to assess the situation of women farmers’ empowerment and food production in Rathnapura district of the country.  A sample of 300 women farmers was randomly selected for the study, from two selected Divisional Secretariat (DS) of Rathnapura district. Data was collected from a field survey using a pre-tested, self-administered questionnaire survey from April to July 2019. Empowerment was analyzed using the empowerment framework used by RAHMAN AND NAOZORE in 2007 in the study of “Women Empowerment through Participation in Aquaculture” with necessary modifications.  Data analysis was conducted using descriptive statistics, correlation analysis and multiple linear regression analysis. Results revealed that majority of the women farmers were middle aged, married and had children. Furthermore, most of them had education up to secondary level. While average family size was four, average farm size was 1.25 acres. They had around 16 years of farming experience.  The average monthly income of them was 25,000.00 LKR whereas 20% of it was from agriculture. The main sources of empowerment of women farmers were the Agrarian Service Center (55%) followed by village organizations/societies (30%) and microfinance institutions (26%). Furthermore, women empowerment index was 0.65. It is a moderate level of empowerment. However, there were women farmers under three categories of empowerment levels: low empowerment (4.1%), medium empowerment (58.5%) and high empowerment (36.1%).   Out of the socio-economic factors; age, education, family size, land size, number of training programs participated, monthly income, experience in agriculture and number of organizations participated, education and number of training programs attended had significant and positive effect for the empowerment. Accessibility of credit facilities and agricultural extension program participation showed that there was a considerable impact on food production rather than the cultivable land size and utilization of modern farming technologies for food production. Therefore, proving of timely important agricultural education and training programs, enhance awareness level of modern farming technology utilization, better micro finance programs and agricultural credit facilities will be able to enhance the empowerment level of the women farmers of this area furthermore.  

JEL CODE: Q01, Q12
Athlete’s life path in the perspective of gender athletes reporting opportunities in their sports after their sport carrier
Authors: Béki Piroska , Faragó Beatrix
Published: January 2022

Sport is the highlight of the male-female relationship system. We find that the concept of homogeneity is becoming more and more weakened, sport becomes unisex, which can strongly influence gender judgment in society. The "weaker sex" appearance and spread of the sport indicate that something has changed in the world, so thinking has to change also. Nowadays, there is a dual process in the field of sport: 1.) women appear in the traditionally masculine sports, and this plays an important role in the development of gender relations as mixed races arise; 2.) at the same time, men also appear in previously reserved areas for women, which they have not had opportunities so far (BÉKI, 2018). This phenomenon can be observed, though much slower in sports management. Yet in other sports roles, the gates for both sexes have not yet been opened in masculine and feminine sports. The study deals with how the status of an athlete will be transformed after sport if he/she wants to remain his or her sport in other sports roles - concentrating on coaching and judging roles – to represent his or her own sport. Particularly, we have been focusing on sports whose judgment is not socially acceptable to both sexes. The research sample is team and individual women athletes who are more than 14 years old. Research method is in-depth interview research (n = 145) and questionnaire research (n = 240). The results showed that female athletes are becoming more accepted in masculine sports, although more limited in their careers possibilities than men after an athlete’s life. Their athlete’s identity is strong, they want to stay in the sport on the civilian life as well.
Resource use efficiency among rice farmers around fragile ecosystems: evidence from Kilombero Wetland, Tanzania
Authors: Kamau Philip , Willy Daniel , Ngare Lucy
Published: January 2022

Farmers have been encroaching fragile wetlands as a strategy to increase their rice production thus threatening wetlands’ existence and capacity to other critical ecosystem services. This calls for efficient production to strike the balance between food rice production and wetlands’ sustainable existence. The current study sought to provide assess rice farmers’ technical efficiency of resource use by detecting the determinants of rice yield and further identify the determinants of technical efficiency of the resources used by rice farmers in Kilombero wetland. A cross-sectional survey of 145 randomly sampled farmers aided in achieving the study objective. A stochastic frontier analysis (SFA) model was used to analyze data. The mean technical efficiency among farmers was at 60.54% level. The positive determinants of rice yield were land and fertilizers while labor influenced it negatively. Age, education, farming experience, group membership, and credit access reduced inefficiency while the distance to the extension agent and off-farm income increased farmers’ inefficiency. The study concludes that there is a possibility of expanding rice production without threatening the wetland’s existence. It recommends that government and other stakeholders to ensure that rice farmers are up-to-date with optimal use of fertilizers in rice production since it will assist in improving rice yield while the rate of expansion of rice lands in the wetlands will lower. Policy implementers ought to establish initiatives that inspire rice farmers to capitalize on farmer groups and join education programs to take full advantage of their potential efficiency and might participate in community development activities.

JEL code: Q15
THE STATE'S RESPONSIBILITY IN THE WELFARE OF PEOPLE AND ECONOMIC RECOVERY IN THE FACE OF COVID-19 FROM THE PERSPECTIVE OF LAW AND HUMAN RIGHTS
Authors: Aprita Serlika , Anisah Lilies
Published: January 2022

The Covid-19 pandemic was taking place in almost all countries around the world. Along with the increasingly vigorous government strategy in tackling the spread of the corona virus that was still endemic until now, the government had started to enforce the Large-Scale Social Restrictions (PSBB) with the signing of Government Regulation (PP) No. 21 of 2020 about PSBB which was considered able to accelerate countermeasures while preventing the spread of corona that was increasingly widespread in Indonesia. The research method used was normative prescriptive. The government put forward the principle of the state as a problem solver. The government minimized the use of region errors as legitimacy to decentralization. The government should facilitated regional best practices in handling the pandemic. Thus, the pandemic can be handled more effectively. The consideration, the region had special needs which were not always accommodated in national policies. The government policy should be able to encourage the birth of regional innovations in handling the pandemic as a form of fulfilling human rights in the field of health. Innovation was useful in getting around the limitations and differences in the context of each region. In principle, decentralization required positive incentives, not penalties. Therefore, incentive-based central policies were more awaited in handling and minimizing the impact of the pandemic.
THE CRIMINAL ACTION OF EXHIBITIONISM ACCORDING TO ISLAMIC CRIMINAL LAW
Authors: Erindia Erindia , Dewi Rusmala , Andriyani Andriyani
Published: January 2022

The result of this research is that exhibitionism actors can be caused by two factors, namely the first (internalinternal) factor, which is anfactor that comes from the actor's self which is seen from the psychological and biological side, the two (externalexternal) factors, namely thefactor. actors who can be influenced by the environment, there are no special factors that cause an exhibitionist because the causative factors depend on the condition of the actor and his environment. In Islamic Criminal Law exhibitionism is snared withpunishment, Ta'zir namely in accordance with the ijtihad judge's, the judge determines whether the perpetrator is guilty or not according to the conditions mentioned, in the Nash al-Qur'an and Hadith the punishment for exhibitionism has not been clearly regulated, because exhibitionist this is an issue that recently appeared or happened today and not yet known in ancient times because that sanctions exhibitionist according to the laws of this research includesresearch, empiricalwhereas the specification of this research is qualitative descriptiveanalysis,pedekatan main pursued is obtained through approaches with the law and approach to cases that occur in some areas.

 

Keywords: Exhibitionist, Law Number 44 Year 2008 Pornography, Ta'zir
Implementasi Rancangan Pembelajaran Berbasis Sharing dan Jumping Task pada Konsep Hukum Kekekalan Massa
Authors: Jayanti Etrie
Published: January 2022

The law of conservation of mass is a fundamental law and is related to other chemical materials such as chemical reaction equations so that student's learning obstacles of the law of conservation of mass must be overcome. One of the ways to overcome student's learning obstacles of the law of conservation of mass concept is the implementation of sharing and jumping task based lesson design, which is the aim of this research. The research method used is a qualitative descriptive research method. The research subjects were students of X.1 and X.2 SMA in Bandung and chemistry teacher who collaborate with researcher as team teaching. The data on the implementation of sharing and jumping task based lesson design of the law of conservation of mass was obtained from observations, tests, and interviews. Implementation of sharing and jumping task based lesson design of the law of conservation of mass concept was carried out twice. The result of the first implementation is that the previously identified learning obstacles still appear but in a smaller percentage. After the first implementation of the lesson design, it was revised and implemented in other class. The results of the second implementation can overcome student's learning obstacle who think that the mass of solids is heavier than the mass of liquids, but a small number of students still do not take into account the mass of gases in chemical reactions and do not fully understand the meaning of the law of conservation of mass.
El Protagonismo Dialéctico-Social del Ser Humano en el Desarrollo Intelectual de Rodolfo Mondolfo
Authors: Ugarte Jesús Víctor Alfredo Contreras
Published: January 2022

Cavilar sobre el rol que ocupa el ser humano dentro de la sociedad actual, es algo que debe ser de interés en todas nuestras reflexiones sociales, incluso en las que se refieren al ámbito del derecho. Un ser humano indiferente e inconsciente del rol social que le corresponde ejercer dentro de la sociedad, como integrante que es de ella, es un ser humano irresponsable y con desapego a todo lo que sucede en su entorno, con lo demás y con los demás. Pretender refugiarse en una actitud irresponsable, pasiva y cómoda, supone, al fin y al cabo, negarse a sí mismo, negar su naturaleza en tanto ser social que todo ser humano es. Esta es la reflexión que alberga el presente trabajo académico, la que se hace desde la visión del filósofo italiano Rodolfo Mondolfo. Desde un desarrollo descriptivo, a partir de este connotado autor, iré prescribiendo ideas que advertirán la importancia del protagonismo que tenemos todos los seres humanos, en ese producto humano que llamamos sociedad. He utilizado el método descriptivo para acercarme a las posiciones del filósofo italiano humanista y, para mis apreciaciones, he usado el método prescriptivo desde una posición procedimental eminentemente crítica y deductiva. Mi objetivo es demostrar, desde los postulados humanistas de Rodolfo Mondolfo, la hipótesis sobre el rol protagónico, decisorio y determinante que tiene el ser humano dentro de la sociedad. Entiendo, haber alcanzado la demostración de la citada hipótesis, pues, luego de lo analizado, no cabe duda, que el ser humano no es una existencia más en el desarrollo de las sociedades; su rol es decisivo en la determinación del presente humano y del futuro que albergará a las próximas sociedades y generaciones de nuestro devenir histórico.
Dejudicialization and Proceduralism Based on the Nature of Conflicts and According to the Brazilian Constitution
Authors: Dutra Victor Barbosa , Jayme Fernando Gonzaga
Published: January 2022

O objetivo do presente trabalho é mostrar como o Acesso à justiça é conceito mais amplo que acesso ao Poder Judiciário. Além do movimento de acesso à justiça, deseja-se demonstrar que os Meios Alternativos de Solução de Conflitos e os estudos da Perspectiva do Conflito são igualmente relevantes, tendo em vista que defendem uma pluralidade de instituições (estatais ou não) de processamento de conflitos, partindo de hipótese de que a desjudicialização é um relevante caminho para fortalecer instituições e promover desenvolvimento social e econômico ao reduzir as incertezas das interações sociais. Para tanto, utilizou-se o método de abordagem dedutivo em conjunto com o método jurídico-propositivo para demonstrar que o exautimento do modelo estatal de solução de conflitos demonstra que é possível (e ncessário) desenvolver a Processualidade para além das fronteiras do Judiciário, de modo a institucionalizar a expansão de meios de solução de conflitos junto à sociedade civil. A partir disso, surge a ideia de Processualidade que, imbricada com o devido processo legal, se lança a todos os meios de solução de controvérsias para atingir uma tutela processual adequada, efetiva e justa, de modo que a pacificação seja realizada nos moldes das garantias constitucionais, atuando a processualidade constitucional também sobre os meios desjudicializados de solução de conflitos.
Direito à Não Discriminação e à Verdade Biológica dos Nascidos por PMA em Portugal e no Brasil
Authors: Barbas Stela Marcos de Almeida Neves , Mota Shirlei Castro Menezes
Published: January 2022

Este estudo discute questões relativas à Procriação Medicamente Assistida, particularmente no tocante à inseminação e fertilização artificial heteróloga – com uso de material genético de terceiros – e à “gestação de substituição” em Portugal e no Brasil. Aborda, portanto, o direito à “verdade biológica” dos nascidos por PMA e a não discriminação no uso de material genético, tendo como foco o respeito à dignidade da pessoa humana. Questiona-se como os avanços da Ciência nesta área podem levar, em caso de PMA, à escolha de embriões “perfeitos” e parte-se da hipótese de que isso conduz à “eugenia genética.” Metodologicamente, trata-se de uma revisão bibliográfica de caráter exploratório. Pela lei portuguesa, a PMA tem como beneficiários o casal hetero, a mulher solteira e mulheres casadas ou em união de facto que podem, inclusive, ter a “gestação compartilhada”, mas a “gestação de substituição” só é feita excepcionalmente e não é permitido o sigilo dos doadores. No Brasil, desde que gratuita e com ajuda de parentes até o quarto grau, independentemente de orientação sexual dos pares e mantendo a confidencialidade do doador, a “gestação de substituição” é assegurada a todos.
Responsabilidade Civil por Ato de Terceiro: Reflexões sobre a Responsabilidade Civil do Administrador de Grupos em Aplicativos de Troca de Mensagens
Authors: Neto Eugênio Facchini , Peruzzo Renata
Published: January 2022

A evolução das relações sociais traz, dentre outros, o desafio de pensar a responsabilidade civil do administrador de grupos de aplicativos de troca de mensagens pelas manifestações dos seus integrantes. Em nosso direito, a regra é a responsabilidade por ato próprio, sendo exceção a responsabilidade civil por ato de outrem. Assim, cabe questionar se a função do administrador de grupos de troca de mensagens se amolda a alguma das hipóteses previstas em lei. Em sendo positiva a resposta, em qual das exceções o administrador de grupo de aplicativo de troca de mensagem se encaixa? Em sendo negativa, questiona-se se há um dever de moderar as manifestações. Considerando ambas as hipóteses, questiona-se se há limites para essa responsabilidade, decorrentes, por exemplo, da liberdade de expressão. Analisadas essas questões com base em pesquisa bibliográfica acerca do tema, legislação e jurisprudência pertinente, conclui-se que a responsabilidade civil do administrador de grupo de aplicativo de troca de mensagens é por ato próprio, subjetiva e não conflita com a liberdade de expressão. O tema é abordado mediante uso do método dialético. No que se refere ao procedimento, usou-se a pesquisa bibliográfica acerca do tema, incluindo-se análise da jurisprudência pertinente.
A Lavagem de Dinheiro e o Financiamento do Terrorismo no Mercado de Seguros, Capitalização e Previdência Privada Aberta
Authors: Netto Silvia Marinho Pereira Santos , Lasmar Jorge Mascarenhas
Published: January 2022

O presente artigo trata sobre o surgimento da criminalização da lavagem de dinheiro e do financiamento do terrorismo, bem como sobre as convenções e órgãos que impulsionam a prevenção desses crimes. Trata, ainda, da atual criminalidade transnacional, com a consequente evolução das formas de se praticar os delitos em comento, da necessidade de rápida e constante adaptação legislativa e da criação de órgãos especializados para o seu combate. Discorre sobre o recente interesse dos criminosos no mercado de seguros, capitalização e previdência privada aberta, assim como analisa a Circular SUSEP nº 612/2020. A metodologia utilizada foi a pesquisa histórica, abordando a evolução das convenções e legislações sobre o tema. Objetiva-se responder as seguintes questões: Como ocorreu a evolução das leis a fim de que se adaptassem e prevenissem efetivamente o crime? Quais órgãos internacionais e nacionais são responsáveis por essa prevenção? Como atuam os terroristas, no mercado segurador, e o que dispõe o programa de prevenção à lavagem de dinheiro e ao combate ao financiamento do terrorismo? Conclui-se que a união de países é essencial para o combate ao terrorismo, bem como a evolução da legislação sobre o tema, de modo a abarcar todas as fases do processo, abrangendo, inclusive, a captação de recursos. Podemos concluir, igualmente, que a Circular SUSEP nº 612/2020 está em consonância com a Política de Prevenção à Lavagem de Dinheiro e ao Financiamento do Terrorismo, pois alinha-se ao modelo de abordagem baseado no risco.
O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores
Authors: Teixeira Maria Fernanda Augustinhak Schumacker Haering , Pagliarini Alexandre Coutinho
Published: January 2022

Esta pesquisa tem por objetivo geral analisar o papel de guardião exercido pelo Tribunal de Justiça da União Europeia (TJUE) para a proteção do Direito Fundamental Comunitário à livre circulação de trabalhadores no âmbito do bloco econômico europeu e a importância do fluxo migratório para a manutenção do referido bloco. O escopo deste artigo analisa, previamente, o surgimento das Comunidades Europeias e a necessidade de defesa, reconstrução e estabilização da Europa após o término da Segunda Guerra Mundial, bem como se debruça sobre os Tratados de Paris e Roma, propulsores das Comunidades Europeias, caracterizados como um ordenamento jurídico autônomo e de grande importância para o desenvolvimento do Direito primário europeu. Em seguida, discorre sobre a circulação dos trabalhadores no âmbito da União Europeia (UE) e o direito do cidadão europeu de procurar emprego, trabalhar, se estabelecer ou prestar serviços em qualquer Estado-membro da UE, para então abordar a temática do papel do TJUE como guardião do Direito Fundamental Comunitário europeu à livre circulação de trabalhadores. Após a análise de recentes julgados da Corte de Justiça europeia resta demonstrada, para a devida manutenção do bloco europeu, a necessidade de proteção à livre circulação de trabalhadores europeus, em respeito aos tratados instituidores da União Europeia. A metodologia empregada na pesquisa é crítico-reflexiva, que se opera através da revisão bibliográfica e da análise de casos concretos apreciados pelo TJUE.
(Re)presenting the creative potential of learning plans
Authors: Leitmann Sabina , Palmer Marion
Published: January 2022

Field education is central to social work education as it is here that students bring alive their classroom-based learning through supervised professional practice. An important part of structuring students’ learning on placement is the development of their learning plan. A learning plan links professional activities to be undertaken with learning outcomes to be achieved along with how these are to be assessed within a specific time frame. Whilst the benefits of a well articulated learning plan (sometimes referred to as a learning contract or learning agreement), for structuring teaching and learning on placement (practicum) are generally acknowledged, there is a paucity of research evidence of such benefits in the literature. This article reports on a small qualitative study undertaken with a cohort of fourth year social work students from a Western Australian university, who had completed their final placement. Utilizing a mixed method of textual analysis of student learning plans and focus interviews we sought to understand how students construct and utilise their learning plan in developing their knowledge, skills and values in and for professional practice. Drawing on the findings we conclude with ways to make learning plans a more effective tool for field education placements.
Two sides of the one coin: Assessment of students who have previously failed a placement and the role of the practice teacher
Authors: Murray Ruth , McGovern Marguerita
Published: January 2022

Abstract: Why does a student fail? What will be the student’s learning needs in any repeat placement? How does the student reflect on their previous placement experience?  Can the Practice Teacher provide the appropriate learning experience and facilitate the student to attain the competencies needed to pass a repeat placement? So many questions for all of those concerned with the reality of a failed and repeat placement.This paper emanates from a presentation by both authors at the Glasgow Conference on Practice Teaching and Field Education in Health and Social Work in April 2014. It  will examine the processes of social work placement failure and the task involved in finding a repeat placement for the student. Interesting topics for discussion include: What prompts  Practice Teachers to take students who have previously failed?  What preparations and conversations take place  previous to the student started the repeat placement? How important is the involvement of the student’s Tutor in the planning of this next placement? A small sample of practice teachers’ experiences who offered placements to students (who had previously failed a placement) will be explored, as will  conversations with students who had themselves previously failed. The conclusions attained by the authors both of whom are University Fieldwork Coordinators in researching this topic will be presented, with some interesting results.
The benefits and challenges of student-led clinics within an Irish context
Authors: Kavannagh Jane , Kearns Aine , McGarry Tanya
Published: January 2022

Student-led clinics are being established internationally as a means of practice education within a variety of disciplines. These clinics can provide opportunities for students in health care professions to have ‘real life’ clinic experiences while also providing beneficial outcomes for service users. This paper reviews the preliminary experiences from thirteen uni-disciplinary student-led clinics (thirty two students in total) in the disciplines of Occupational Therapy (OT), Speech and Language Therapy (SLT) and Physiotherapy (PT). These clinics were part of the placement experience of the students in an Irish University between 2011 and 2013. Clinical Education Quality Audit (CEQA) questionnaires (Ladyshewsky & Barrie, 1996) were used to explore the student experience of these placements, and practice educators were given an opportunity to discuss the benefits and challenges of the placements with the University Practice Education team. The data collected was analysed using thematic analysis. A number of themes emerged from the data: Environment, Organisational issues, Professional development / growth, and Relationships. These themes highlighted both positive and challenging features of the placement experiences. This paper will discuss the benefits and challenges of these student-led clinics and outline that overcoming challenges may be an additional important aspect of learning in innovative clinical experiences
Looking at field through a structural lens
Authors: Lahaie Claudia , Wiebe Martha , Schwartz Karen
Published: January 2022

Many objectives of the Canadian Association of Social Work Education (CASWE) Accreditation Agreement (CASWE, 2013) relate to the field component of social work programs. Among these objectives are the promotion of human rights and social justice; the support and development of diversity, a consideration of the structural sources of inequalities and the application of critical thinking within the framework of the profession. Many of these objectives are related to a structural approach. As suggested by Drolet et al. (2012) it is crucial that students learn to make links between theoretical approaches studied in the classroom and their experience while in placement. While in placement, students need to understand how theories inform their actions (Drolet et al., 2012).
Student perceptions of social work practice skills: A comparison of blended and traditional learning
Authors: Gates Trevor G , Dauenhauer Jason A
Published: January 2022

Blended learning is a growing trend in social work education. Students are increasingly enrolling in blended or online classes as a part of traditional undergraduate degree programs, and several programs are developing programs that rely heavily on online delivery. However, there are questions about whether students are adequately receiving the training needed, particularly in practice courses, to effectively intervene with individuals, families, and communities. The purpose of the present descriptive study was to compare students’ (N = 45) perceptions of social work practice skills gained in two different blended and traditional face-to-face courses. Results of the study were that students’ perceptions did not significantly differ between the blended and traditional course. We also explore future directions for social work education using blended and online delivery.Keywords: Blended learning; hybrid courses; online programs; practice behaviors; social work education
‘I hope to find myself’ Social work students’ initial encounter with practice explored in the context of professional identity
Authors: Mathews Ian , Griffiths Austin , Hunt Rachel , McIntyre Kellye , Simpson Diane
Published: January 2022

Abstract: This paper is based on a small scale research study which explores the perceptions and understandings of Master’s level students on the same professional career path but from different national backgrounds; England and the United States. In particular, this study identifies and discusses issues raised by students prior to their first experience of practice education, and explores their evolving understanding of what it means to be, or to become, a professional social worker. In order to provide a theoretical framework for our discussion we adapt and use the work of Eliot Freidson, widely regarded as one of the first theorists to consider the evolution of professions and the acquisition of professionalism.Keywords: social work; practice placements; fieldwork education; professional development; professionalism
The role of the practice educator in helping students develop critical reflection
Authors: Lawson Hilary
Published: January 2022

This article offers advice to practice educators about the teaching of reflective and critically reflective practice to social work students on placement. It explains what is meant by critical reflection, it offers different tools and ways of teaching critical reflection to students, and it  also strives to problematise the teaching of critical reflection- the meaning of which is itself contested and evolving- and to emphasise the need to subject all teaching  tools to theoretical scrutiny and awareness of socially constructed context and assumptions.  A critically reflective practice educator will interrogate the knowledge underpinning the skills and encourage the student to do the same. The article argues that students have different capacity to be reflective. It explores why many students find it difficult, and suggests that effective critical reflection develops only with time and experience.