cometadata/datacite-titles-descriptions-related-identifiers huggingface dataset:
DOI: 10.6084/m9.figshare.7508570
title: The Politics of Takings Clauses

description: Abstract A long-standing consensus exists that the arbitrary or excessive expropriation of private property by a country hurts its economic growth. Although constitutions can play an important role in protecting private property, remarkably little is known about how they actually restrict the power of eminent domain and whether such restrictions are associated with reduced de facto expropriation risks. The main finding of this essay is that no observable relationship exists between de jure constitutional restrictions on the power of eminent domain and de facto expropriation risks. This finding suggests that the effectiveness of takings clauses might depend on the politics surrounding their adoption.
DOI: 10.6084/m9.figshare.7508570.v1
title: The Politics of Takings Clauses

description: Abstract A long-standing consensus exists that the arbitrary or excessive expropriation of private property by a country hurts its economic growth. Although constitutions can play an important role in protecting private property, remarkably little is known about how they actually restrict the power of eminent domain and whether such restrictions are associated with reduced de facto expropriation risks. The main finding of this essay is that no observable relationship exists between de jure constitutional restrictions on the power of eminent domain and de facto expropriation risks. This finding suggests that the effectiveness of takings clauses might depend on the politics surrounding their adoption.
DOI: 10.6084/m9.figshare.7518914
title: Punitive Damages: United States conceptualization of the doctrine and case law analysis of Santa Catarina Court of Appeals

description: Abstract This article essentially intends to contribute with the current doctrinal discussion regarding the institute of punitive damages, as it is known in its Anglo-Saxon origins. For this purpose, the study is divided in two parts: in a brief first moment, one dedicates himself to clarify the components of the institute itself - detailing its definition and characteristics, functions, and disambiguating it from the punitive function ascribed to noneconomic damages under Brazilian law. The second half concentrates on the analysis of the institute in relation to Brazilian legal system - specifically with a detailed diagnosis of how it has been used by the Santa Catarina Court of Appeals.
DOI: 10.6084/m9.figshare.7518914.v1
title: Punitive Damages: United States conceptualization of the doctrine and case law analysis of Santa Catarina Court of Appeals

description: Abstract This article essentially intends to contribute with the current doctrinal discussion regarding the institute of punitive damages, as it is known in its Anglo-Saxon origins. For this purpose, the study is divided in two parts: in a brief first moment, one dedicates himself to clarify the components of the institute itself - detailing its definition and characteristics, functions, and disambiguating it from the punitive function ascribed to noneconomic damages under Brazilian law. The second half concentrates on the analysis of the institute in relation to Brazilian legal system - specifically with a detailed diagnosis of how it has been used by the Santa Catarina Court of Appeals.
DOI: 10.6084/m9.figshare.7508063
title: Perceptions on Portuguese Ministry of Justice Agencies Leaders' Power: statistical evidence of gender differences among employees?

description: Abstract This article presents the results of a study on the perceptions of Portuguese Ministry of Justice agencies employees regarding the power held by the leader of the agency to which they belong. Particular attention is given to the issue of gender, using the dichotomy between men and women as a particular case of the dispositional component of perceptions. A survey of 458 employees of the Portuguese Ministry of Justice agencies was conducted. The results statistically show that the perceptions about the power held by the leader of the agency, where each study participant works, differ according to gender.
DOI: 10.6084/m9.figshare.7508063.v1
title: Perceptions on Portuguese Ministry of Justice Agencies Leaders' Power: statistical evidence of gender differences among employees?

description: Abstract This article presents the results of a study on the perceptions of Portuguese Ministry of Justice agencies employees regarding the power held by the leader of the agency to which they belong. Particular attention is given to the issue of gender, using the dichotomy between men and women as a particular case of the dispositional component of perceptions. A survey of 458 employees of the Portuguese Ministry of Justice agencies was conducted. The results statistically show that the perceptions about the power held by the leader of the agency, where each study participant works, differ according to gender.
DOI: 10.6084/m9.figshare.7506824
title: Inequalities on Tax Effort of Personal Income Tax

description: ABSTRACT Fairness is the underlying general idea of tax systems regarding the tax burden, and the redistribution of wealth in order to reduce inequalities. The principles of equitable distribution of tax burden, the tax equality and progressive income taxation are considered very relevant to the compliance of the tax policy as far as the reduction the income disparities is concerned. This research deals with the distribution of the tax effort of the Portuguese and seeks to demonstrate that the distribution of tax burden is not fair nor corresponds to the declared income levels. It demonstrates that inequalities in income distribution have worsened. The findings of this study can show verifiable possible trends in other countries, including Brazil.
DOI: 10.6084/m9.figshare.7506824.v1
title: Inequalities on Tax Effort of Personal Income Tax

description: ABSTRACT Fairness is the underlying general idea of tax systems regarding the tax burden, and the redistribution of wealth in order to reduce inequalities. The principles of equitable distribution of tax burden, the tax equality and progressive income taxation are considered very relevant to the compliance of the tax policy as far as the reduction the income disparities is concerned. This research deals with the distribution of the tax effort of the Portuguese and seeks to demonstrate that the distribution of tax burden is not fair nor corresponds to the declared income levels. It demonstrates that inequalities in income distribution have worsened. The findings of this study can show verifiable possible trends in other countries, including Brazil.
DOI: 10.6084/m9.figshare.7519490
title: The Public Tender and the New Competencies to be a Judge: an analysis of the current selection model

description: ABSTRACT The work evaluates the current judge’s selection model towards the new essencial competencies for the exercise of the judiciary. It is the result of a qualitative and quantitative research, colleting data from the analysis of tenders for admission to the position of judge of all Courts of Justice and Federal Regional Courts, carried out from 2007 to 2012. It was found that the format of judge tenders, regardless of being shown as a democratic and isonomic method, offers few resources for the recruitment of candidates with the necessary competencies for the performance of the magistracy in the current social and political scenario of the country. By favouring the technical knowledge and the ability of memorizing assessed in multiple choice tests and by making limited use of internal training, through magistracy schools, the Judiciary abdicates to choose the judge profile most suitable for the function.
DOI: 10.6084/m9.figshare.7519490.v1
title: The Public Tender and the New Competencies to be a Judge: an analysis of the current selection model

description: ABSTRACT The work evaluates the current judge’s selection model towards the new essencial competencies for the exercise of the judiciary. It is the result of a qualitative and quantitative research, colleting data from the analysis of tenders for admission to the position of judge of all Courts of Justice and Federal Regional Courts, carried out from 2007 to 2012. It was found that the format of judge tenders, regardless of being shown as a democratic and isonomic method, offers few resources for the recruitment of candidates with the necessary competencies for the performance of the magistracy in the current social and political scenario of the country. By favouring the technical knowledge and the ability of memorizing assessed in multiple choice tests and by making limited use of internal training, through magistracy schools, the Judiciary abdicates to choose the judge profile most suitable for the function.
DOI: 10.6084/m9.figshare.6503012
title: Development as Freedom in a Amazon Riverside Community: an analysis of the effects of Bolsa Família Program in São Carlos, Porto Velho, Rondônia

description: Abstract In this paper, it was reflected whether the Bolsa Família Program is an efficient public policy in the expansion of the substantial freedoms of individuals. To answer the proposed problem, the research conducted a field research in the District of São Carlos, located in Porto Velho, Rondônia. The research shows that the Bolsa Família is an successful alternative by providing better living conditions for the river communities. The access to basic utilities, such as food, school materials and clothing, are guaranteed by the program. This is extremely important, since, in these places, families do not have a fixed income, and not by disinterest in employment, but by the fact that, even if they develop occupational activities focused on subsistence, they do not have any formal employment relationship.
DOI: 10.6084/m9.figshare.6503012.v1
title: Development as Freedom in a Amazon Riverside Community: an analysis of the effects of Bolsa Família Program in São Carlos, Porto Velho, Rondônia

description: Abstract In this paper, it was reflected whether the Bolsa Família Program is an efficient public policy in the expansion of the substantial freedoms of individuals. To answer the proposed problem, the research conducted a field research in the District of São Carlos, located in Porto Velho, Rondônia. The research shows that the Bolsa Família is an successful alternative by providing better living conditions for the river communities. The access to basic utilities, such as food, school materials and clothing, are guaranteed by the program. This is extremely important, since, in these places, families do not have a fixed income, and not by disinterest in employment, but by the fact that, even if they develop occupational activities focused on subsistence, they do not have any formal employment relationship.
DOI: 10.6084/m9.figshare.7243934.v1
title: Global Water (Un)sustainability and the Human Right to Water

description: Abstract The inadequate use of the water resources in some regions of the planet added to the effect brought by the climatic changes has caused periods of drought and consequently the water unavailability leading to the scarcity. Considering that water is necessary for human survival on Earth, States must guarantee access to quality water for their population. However, this guarantee is not always possible when the poor management of water resources is perceived in some countries. This is the issue faced by this work that adopts the deductive approach and the bibliographical and documentary technique.
DOI: 10.6084/m9.figshare.7243934
title: Global Water (Un)sustainability and the Human Right to Water

description: Abstract The inadequate use of the water resources in some regions of the planet added to the effect brought by the climatic changes has caused periods of drought and consequently the water unavailability leading to the scarcity. Considering that water is necessary for human survival on Earth, States must guarantee access to quality water for their population. However, this guarantee is not always possible when the poor management of water resources is perceived in some countries. This is the issue faced by this work that adopts the deductive approach and the bibliographical and documentary technique.
DOI: 10.6084/m9.figshare.12027180
title: Public Policies of Inclusion in Higher Education: an Analysis of the Brazilian Context in the Last 20 Years

description: Abstract The paper analyzes the public policies for higher education in Brazil, with the main objectives of demonstrating legislative evolution and qualitative and quantitative data on access to higher education by blacks and browns. The research is supported by a deductive method, since it is being collected and analyzed first and then analyzed and completed. The methods of procedure will be historical and statistical, interrelating the study of public policies of access to higher education and governmental and non-governmental data. In the empirical analysis, statistical data will be needed, specifying the quali-quantifiable attributes of the data collected for an understanding in line with theoretical construction. It can be perceived, by way of results and final considerations, that there is still a lot of evolution, but that significant changes in the protection of affirmative actions are being implemented.
DOI: 10.6084/m9.figshare.12027180.v1
title: Public Policies of Inclusion in Higher Education: an Analysis of the Brazilian Context in the Last 20 Years

description: Abstract The paper analyzes the public policies for higher education in Brazil, with the main objectives of demonstrating legislative evolution and qualitative and quantitative data on access to higher education by blacks and browns. The research is supported by a deductive method, since it is being collected and analyzed first and then analyzed and completed. The methods of procedure will be historical and statistical, interrelating the study of public policies of access to higher education and governmental and non-governmental data. In the empirical analysis, statistical data will be needed, specifying the quali-quantifiable attributes of the data collected for an understanding in line with theoretical construction. It can be perceived, by way of results and final considerations, that there is still a lot of evolution, but that significant changes in the protection of affirmative actions are being implemented.
DOI: 10.6084/m9.figshare.7518935
title: Floristic and Phytosociology in a Semideciduous Seasonal Forest - Osununú Private Reserve, Misiones, Argentina

description: This survey was conducted in a fragment of Semideciduous Seasonal Forest (Misiones, Argentina) in order to analyze the phytosociological variable of tree species by means of area stratification according to geomorphology. Initially, based on the slope and through photointerpretation, the area was compartmentalized in lowland, hillsides with intermediate slopes and high slopes, and highlands. Within each compartment, three plots composed of four 100 m2 sub-units were allocated; totaling 48 sub-units, where all trees with circumference at breast height ≥ 10 cm were included, and soil depth and slope were measured. Sampling comprised 72 species, 59 genera, and 31 families. Variations were detected regarding species and importance values obtained according to the topographic gradient. In the Canonical Correspondence Analysis, the coverage values of species showed significant correlation with the parameters of soil depth and slope.
DOI: 10.6084/m9.figshare.7518935.v1
title: Floristic and Phytosociology in a Semideciduous Seasonal Forest - Osununú Private Reserve, Misiones, Argentina

description: This survey was conducted in a fragment of Semideciduous Seasonal Forest (Misiones, Argentina) in order to analyze the phytosociological variable of tree species by means of area stratification according to geomorphology. Initially, based on the slope and through photointerpretation, the area was compartmentalized in lowland, hillsides with intermediate slopes and high slopes, and highlands. Within each compartment, three plots composed of four 100 m2 sub-units were allocated; totaling 48 sub-units, where all trees with circumference at breast height ≥ 10 cm were included, and soil depth and slope were measured. Sampling comprised 72 species, 59 genera, and 31 families. Variations were detected regarding species and importance values obtained according to the topographic gradient. In the Canonical Correspondence Analysis, the coverage values of species showed significant correlation with the parameters of soil depth and slope.
DOI: 10.6084/m9.figshare.7514162
title: Utilization of Geotechnology for the Mapping of Permanent Preservation Areas in João Neiva, Espirito Santo State, Brazil

description: This study intended to demonstrate how the use of Geotechnology can effectively help to map Permanent Preservation Areas (PPA), aiding in the understanding of the areas to be preserved. The study was conducted in the total area of the municipal district of João Neiva, Espirito Santo state, aiming to elaborate analogical and digital maps of the municipality; delimit the PPAs from the perspective of the Environmental Legislation; confront these areas with the corresponding land use; and emphasize the importance of identifying the areas in an automatic way, so that environmental projects that seek the promotion of actions in search of an efficient, sustainable relationship between humans and the environment can be implemented. The municipal district of João Neiva comprises a total PPA area of 88.64 km² (32.55% of its total area). PPAs around water springs (buffer of 50 m), on the hillsides with slope greater than 45 degrees, on hill top (upper third of hills), and along the margins of water courses (buffer of 30 m), represented, respectively, 0.54 km² (0.20%), 1.92 km² (0.70%), 62.66 km² (23.01%) and 23.50 km² (8.63%) of the total area of the municipal district.
DOI: 10.6084/m9.figshare.7514162.v1
title: Utilization of Geotechnology for the Mapping of Permanent Preservation Areas in João Neiva, Espirito Santo State, Brazil

description: This study intended to demonstrate how the use of Geotechnology can effectively help to map Permanent Preservation Areas (PPA), aiding in the understanding of the areas to be preserved. The study was conducted in the total area of the municipal district of João Neiva, Espirito Santo state, aiming to elaborate analogical and digital maps of the municipality; delimit the PPAs from the perspective of the Environmental Legislation; confront these areas with the corresponding land use; and emphasize the importance of identifying the areas in an automatic way, so that environmental projects that seek the promotion of actions in search of an efficient, sustainable relationship between humans and the environment can be implemented. The municipal district of João Neiva comprises a total PPA area of 88.64 km² (32.55% of its total area). PPAs around water springs (buffer of 50 m), on the hillsides with slope greater than 45 degrees, on hill top (upper third of hills), and along the margins of water courses (buffer of 30 m), represented, respectively, 0.54 km² (0.20%), 1.92 km² (0.70%), 62.66 km² (23.01%) and 23.50 km² (8.63%) of the total area of the municipal district.
DOI: 10.6084/m9.figshare.7508639
title: Characterization of Forest Cover of Protected Areas of the Atlantic Forest

description: This work aimed to characterize the forest cover of protected areas in the municipality of Três Rios, Rio de Janeiro state, Brazil. Five Environmental Protection Areas (EPA) were studied: Bemposta, Lago do Caça e Pesca, Santa-Fé and Vale do Morro da Torre EPAs; Encontro dos Três Rios Natural Monument; and Três Rios Municipal Natural Park. The database of Landsat 5-TM satellite, processed with software Erdas Imagine 9.2 and ArcGIS 10.0, were used for the location of forest fragments. We found 527 forest fragments, covering a total area of 7075.77 ha (26.88% of the protected areas). Bemposta Environmental Protection Area presents the highest percentage of forested area (31.21%). Três Rios Municipal Natural Park presents no forest fragments with at least 0.5 ha. The protected areas show a large number of relatively small forest fragments with irregular shapes and greatly isolated, which contributes to loss of biodiversity.
DOI: 10.6084/m9.figshare.7508639.v1
title: Characterization of Forest Cover of Protected Areas of the Atlantic Forest

description: This work aimed to characterize the forest cover of protected areas in the municipality of Três Rios, Rio de Janeiro state, Brazil. Five Environmental Protection Areas (EPA) were studied: Bemposta, Lago do Caça e Pesca, Santa-Fé and Vale do Morro da Torre EPAs; Encontro dos Três Rios Natural Monument; and Três Rios Municipal Natural Park. The database of Landsat 5-TM satellite, processed with software Erdas Imagine 9.2 and ArcGIS 10.0, were used for the location of forest fragments. We found 527 forest fragments, covering a total area of 7075.77 ha (26.88% of the protected areas). Bemposta Environmental Protection Area presents the highest percentage of forested area (31.21%). Três Rios Municipal Natural Park presents no forest fragments with at least 0.5 ha. The protected areas show a large number of relatively small forest fragments with irregular shapes and greatly isolated, which contributes to loss of biodiversity.
DOI: 10.6084/m9.figshare.7517144
title: Ants (Hymenoptera: Formicidae) as Bioindicators of Environmental Degradation in Poxoréu, Mato Grosso, Brazil

description: This work aimed to evaluate the ant species occurring in an area degraded by diamond mining, defining the bioindicators of this degradation. The present study was conducted bimonthly in the municipality of Poxoréu, Mato Grosso state, between June 2010 and April 2011. Four environments were sampled: A1 - area degraded by mining, A2 - area of Cerrado vegetation with recent anthropic activities, A3 - area of Cerrado disturbed approximately 30 years ago, and A4 - area of preserved Cerrado. In each environment, 11 pitfall traps, equidistant 15 meters, were installed to collect ants for 24 hours. The individuals were taken to the Laboratory of Forest Protection/FENF/UFMT and screened for later identification. The bioindicator species were indicated by faunal analysis. The ant species Camponotus (Myrmaphaenus) sp.1 and Forelius brasiliensis can be considered bioindicators of environmental degradation in the areas of diamond mining and human disturbance, while the species Camponotus atriceps, Pachycondyla crassinoda and Paraponera clavata can be considered bioindicators in the preserved Cerrado area.
DOI: 10.6084/m9.figshare.7517144.v1
title: Ants (Hymenoptera: Formicidae) as Bioindicators of Environmental Degradation in Poxoréu, Mato Grosso, Brazil

description: This work aimed to evaluate the ant species occurring in an area degraded by diamond mining, defining the bioindicators of this degradation. The present study was conducted bimonthly in the municipality of Poxoréu, Mato Grosso state, between June 2010 and April 2011. Four environments were sampled: A1 - area degraded by mining, A2 - area of Cerrado vegetation with recent anthropic activities, A3 - area of Cerrado disturbed approximately 30 years ago, and A4 - area of preserved Cerrado. In each environment, 11 pitfall traps, equidistant 15 meters, were installed to collect ants for 24 hours. The individuals were taken to the Laboratory of Forest Protection/FENF/UFMT and screened for later identification. The bioindicator species were indicated by faunal analysis. The ant species Camponotus (Myrmaphaenus) sp.1 and Forelius brasiliensis can be considered bioindicators of environmental degradation in the areas of diamond mining and human disturbance, while the species Camponotus atriceps, Pachycondyla crassinoda and Paraponera clavata can be considered bioindicators in the preserved Cerrado area.