1,721,230 research outputs found

    Representação (in)adequada, participação social mitigada e verniz democrático : do que são feitos os precedentes obrigatórios no Superior Tribunal de Justiça

    Get PDF
    Dissertação (mestrado) — Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2024.O presente trabalho analisa a representação adequada dos litigantes ausentes como pressuposto do acesso à justiça na formação dos precedentes obrigatórios no âmbito do Superior Tribunal de Justiça, considerando que, a partir da afetação de determinado tema para julgamento sob a sistemática dos recursos repetitivos, apenas as partes constantes nos recursos representativos da controvérsia estão autorizadas a sustentar suas razões perante a Corte. O tema estabelece um necessário diálogo entre a adoção de um sistema de precedentes no Brasil e o impacto desse novo paradigma processual na garantia constitucional de acesso à justiça, aqui analisado sob diferentes perspectivas – e não apenas no contexto da tríade entrada-permanência-saída do Poder Judiciário –, tendo como premissa da sua observância a paridade de armas como salvaguarda da efetividade dos direitos. Nesse cenário, avalia-se se os mecanismos existentes de seleção de recursos representativos da controvérsia e a adoção de instrumentos de participação social, como a admissão de amicus curiae e a realização de audiências públicas, são capazes de suprir ou, no mínimo, mitigar a ausência de participação direta dos litigantes ausentes, em razão da suspensão dos processos ou do sobrestamento dos recursos, com interesse direto no julgamento do recurso repetitivo, cuja tese será aplicada a todos eles. Por fim, a partir do diagnóstico realizado na pesquisa, sugere-se a adoção de medidas que podem auxiliar a Corte na universalização do acesso à justiça, mediante melhor aproveitamento dos instrumentos de participação democrática no processo, alinhando-se o presente trabalho ao projeto de pesquisa “A universalização do acesso à justiça pela prática democrática da participação e da manifestação do olhar do outro”, de autoria da orientadora Professora Doutora Daniela Marques de Moraes.This study analyses the adequate representation of absent litigants as an requirement for access to justice in the formation of binding precedents in the Brazilian Superior Court of Justice, considering that, when certain subject is indicated for judgment under the system of repetitive appeals, only the parties involved in the representative cases of the controversy are authorized to present their arguments before the Court. The repetitive subject establishes a necessary dialogue between the adoption of a precedent system in Brazil and the impact of this new procedural paradigm on the constitucional guarantee of access to justice, here examined from different perspectives - not only within the context of the entry-permanence-exit triad of the Judiciary -, with the promise of equality of arms as a safeguard for the effectiveness of rights. In this scenario, it is assessed whether the existing mechanisms for selecting representative cases of controversy and the adoption of instruments of social participation, such as the admission of amicus curiae and the holding of public hearings, are capable of compensating for or, at least, mitigating the absence of direct participation by absent litigants, due to the stay of proceedings or others appeals with direct interest in the judgment of the repetitive appeal, whose thesis will be applied to all of them. Finally, based on the diagnosis reached, the introduction of measures is suggested that may assist the Court in universalizing access to justice, through better utilization of instruments of democratic participation in the process, aligning this work with the research project "Universalization of access to justice through the democratic practice of participation and expression of the other's perspective", authored by the Professor Doctor Daniela Marques de Moraes.Faculdade de Direito (FD)Programa de Pós-Graduação em Direit

    Going Beyond Counting First Authors in Author Co-citation Analysis

    Get PDF
    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Variations on the Author

    Get PDF
    “Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship

    Appropriate Similarity Measures for Author Cocitation Analysis

    Get PDF
    We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis

    Dispelling the Myths Behind First-author Citation Counts

    Get PDF
    We conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more sophisticated methods

    Author Index

    No full text
    Nao informado

    koamabayili/VECTRON-author-checklist: VECTRON author checklist

    No full text
    We have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used

    Author Under Sail The Imagination of Jack London, 1893-1902

    No full text
    In Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Spirit Truth -- 2. From Absorption to Theatricality and Back Again -- 3. "I Will Build a New Present" -- 4. Sons as Authors -- 5. Fathers as Publishers -- 6. The Daughter as Author -- 7. Lovers as Authors -- 8. At Sea with the Family -- 9. Yellow News, Yellow Stories -- 10. The Return Home -- Notes -- Bibliography -- Index -- About Jay WilliamsIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
    corecore