24 research outputs found
La funzione nomofilattica della cassazione (a margine del “Progetto esecuzioni”)
The «Project enforcement procedures» of Section Three of the Supreme Court aims at ensuring the uniform interpretation of the Law and at offering unquestionable and consolidated guidelines on the enforcement proceedings. The Author draws inspiration from this project and focuses his attention on the Court’s nomophilactic role. The legislative amendments appeared over the last few years, particularly relating to the rewriting of Art. 363 of the Code of civil procedure, reinforces the nomophilactic role of the Supreme Court («nomofilachia»), but, at the same time, imposes numerous interpretative issues. The Author underlines the criticalities of the nomophilactic role of the Court and of the distorted made in some decisions of the above-mentioned role. In light of the foregoing, it is strongly suggested a more efficient and effective collaboration between the stakeholders in the best interest of Justice
Tipologias de hibridismo no desenvolvimento de sistemas composicionais
No âmbito da Teoria dos Sistemas Composicionais (Pitombeira 2020), podemos especificar sistemas com diversas estratégias de hibridismo. No presente trabalho, analisamos a possiblidade de quatro tipologias básicas de hibridismo, e suas especializações. O hibridismo decorrente da concatenação de sistemas de tipologias distintas; produziu o primeiro tipo. O uso de modelagens com graus de intertextualidade distintos gerou o segundo tipo (Miccolis 2023). Outra estratégia de especificação de sistemas híbridos surgiu com a possibilidade do encapsulamento de modelos originalmente híbridos, resultando no terceiro tipo. Finalmente, um último tipo de hibridismo pode ser construído pela integração de dados de origens estéticas distintas num sistema original aberto ou em um sistema modelado semiaberto
La funzione nomofilattica per una (tendenzialmente unica e non soltanto) "uniforme interpretazione della legge"
The article analyzes the original role of the Court of Cassation and focuses its attention on the legislative changes appeared in recent years. The author focuses on the
rewriting of Art. 363 of the Code of civil procedure, that
reinforces the nomophilactic role of the Suprem Court
(“nomofilachia”), but, at the same time, imposes numerous
interpretative issues. The author underlines the criticalities
and then offers disenchanted observations de iure condito
and de iure condendo
IMPUGNAZIONE DEL PROVVEDIMENTO ESECUTIVO ED ESECUZIONE FORZATA Appeal Against Enforceable Decisions and Enforcement Procedure
The Author examines the incidence of temporary measures (provisional deci-
sions) or definitive measures (upholding of the appeal) on the enforcement pro-
ceedings, excluding enforcement oppositions and the stay of the enforcement
procedure, in the light of the most recent legislative interventions and case-law
Il difensore nel processo arbitrale
The author examines the role of the lawyer in the arbitration procedure and analyzes in detail the regulatory changes made by the 2006 reform. The legislator seems to equate the representative ad litem in the arbitration judgment and that ad litem conferred ex artt. 83 and 84 c.p.c. at the lawyer in the state trial.
The subject of analysis is therefore the power of attorney for the lawyer, which extends to any procedural document and the powers conferred on the lawyers of the parties considering the most recent jurisprudential guidelines.
The contribution then examines the issues relating to the recipient of the communication ex art. 824 c.p.c. and notification ex art. 828, c.p.c. of the arbitration award, as well as the notification of the appeal of the award.
The reforms have solved the most significant problems posed by the previous discipline, but others have yet to be resolved: the debate on the nature of the relationship between the party and the lawyer and, consequently, on the power of attorney, as well as on the overlapping of the two disciplines, in civil proceedings and in arbitration proceedings, in fact, continues
A Comparative Analysis of the Equity Outcomes in Three Sugarcane–Ethanol Systems
This article identifies equity outcomes associated with three biofuel systems in Brazil, Ethiopia, and Guatemala. Acknowledging that winners and losers are socially and politically generated, the article identifies some of the factors behind the distribution of winners and losers along different stages of three sugarcane–ethanol supply chains. Analyzing the outcomes for equity within each case study reveals an uneven distribution that, we argue, is related to the procedure and structure of the given sugarcane–ethanol system, and the recognition of the impacts on different actors within those structures. Increasing equity in sugarcane–ethanol systems will require greater openness in decision-making processes, in order that multiple voices are taken into account in the promotion, production, and consumption of biofuels—particularly those of smaller and less powerful actors
Functional Characterization of the alb1 Orthologue Gene in the Ochratoxigenic Fungus Aspergillus carbonarius (AC49 strain)
Aspergillus carbonarius, belonging to the group Nigri, is the main species responsible for contamination by ochratoxin A (OTA) in grapes and derivative products. OTA can accumulate in the mycelium and in black conidia of the fungus and released into the matrix. Here, we have deleted in A. carbonarius the alb1 orthologue gene of A. fumigatus, involved in melanin biosynthesis. Three A. carbonarius Δalb1 mutants were characterized for morphologic traits and OTA production on different media and temperatures. Δalb1 mutants showed a fawn color of conidia associated with a significant reduction of the conidiogenesis and a statistically significant increase (p ≤ 0.01) of total OTA production as compared to the wild type (WT) strain. The alb1 gene somehow affected OTA partitioning since in Δalb1 mutants OTA amount was lower in conidia and was more abundantly secreted into the medium as compared to the WT. On grape berries the Δalb1 mutants and the WT caused lesions with similar sizes but OTA amount in berry tissues was higher for the mutants. These results demonstrate that A. carbonarius conidia pigmentation is largely dependent on polyketide biosynthesis. The gene is not directly involved in virulence and its deletion affects morphological features and OTA production in the fungus
Empowering young change-makers: A tool that enables children activation in their community through a child-led approach
Children's participation in society is still limited without the establishment of appropriate areas, and the possibility to access the spheres of urban activism, children risks to remain invisible citizens. While children don't get the chance to unleash their creative talents in the innovation playground society is turning into, society lacks their contribution as playful and constructive disorganizers of the world. Based on those background premises, the current project focuses on exploring how children can participate in society without a top-down involvement and how they can be supported in the process of empowerment as active agents in their social and urban context. The opportunity for the project inquiry was found in collaboration with a children center in the outskirt of Bari (Italy), a frontrunner of the Urban civic networks project aimed at promoting urban and human regeneration in a neglected context, where the sense of powerlessness over positive transformations is handed down to children. A research through design approach was utilized to achieve the project goal: design a tool that enables 6 to 12 years old children to undertake an activation journey to take action towards prosocial challenges meaningful for themselves and their community. In the initial research cycle, desk research and comparative analysis of 6 different case studies of toolkit and programs were performed to unveil how children's empowerment could be supported by design. The resulting map of ideal empowering strategies allowed to identify some pillars of children activation process to inform the following cycles. Among those, the community perception, the unlocking of I can mindset and opportunities for action were the object of the research through design interventions, together with the open endedness of the activation process disclosed along with the two iterations. The insights collected converged into children's intuitive, creative activation journey, including gaps, enablers, and needs they experienced along it. They also contributed to enriching the requirements list for the tool's design. During the ideation the leading research outcomes were embodied in the final tool proposal "Il Priscio", activities set for young positive change-makers, that propose them a child-led activation through 5 main steps: raising I can, finding relevance in opportunities for change, becoming protagonists, powers-driven ideation and practicing courage. The tool suitcase board contains 14 activity cards with open-ended steps to perform and additional materials to support the experience, such as a platform to practice courage by sharing the results of the powers-driven ideation. The partial test of the tool in the context of the Urban civic network, set up as a third design intervention, acted as a launchpad for children self-activation. Although the implementation in the context of civic associations is envisioned, the tool opened up further research direction about children's self-esteem, the communicative potential of their imaginative interventions, constructive communication with policymakers, and the addition of levels of ambiguity to the tool journey
O uso de processos estocásticos como recurso criativo no desenvolvimento de um sistema composicional
O desenvolvimento de sistemas composicionais (Pitombeira 2020) pode fazer uso da matemática como uma poderosa ferramenta para especificação de regras. A maior propriedade desse uso é que ela dá suporte à abstração, tornando-se um meio excelente para modelagem (Pressman 1994). Conceitos oriundos dela proporcionaram uma base para o processo composicional de Xenakis (Xenakis 1992). A estocástica, uma das áreas da matemática selecionada pelo compositor, pode ser aplicada à elaboração da arquitetura de um sistema de composição para combinar elementos pré-existentes da composição ou para trabalhar objetos musicais ou extramusicais, resultando na expansão do processo criativo. Com esse recurso, um sistema composicional markoviano denominado Dorotéia é proposto e como resultado aplicado da pesquisa, são elaboradas algumas obras, cada uma delas conduzida por trechos literários extraídos do livro do escritor oulipiano Italo Calvino (Calvino 1990)
