DOCSLIB.ORG

Opmaak 1 23-02-16 13:47 Pagina 1

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Opmaak 1 23-02-16 13:47 Pagina 1 IC&A 20_Brazil Infrastructure Law_vDEF_Opmaak 1 23-02-16 13:47 Pagina 1 edited by marçal justen filho, ic ic edited by cesar pereira and &a &a marçal justen filho, maria augusta rost cesar pereira and maria augusta rost brazil brazil infrastructure law infrastructure law b r a This book offers the international reader a comprehensive view of Brazilian infrastructure law z from the standpoint of key local practitioners. It is divided into two sections. The first part i l features a collection of essays on the most significant infrastructure topics. It is followed by bilingual versions of the main statutes and regulations examined in the various essays found i n in Part 1. A glossary of essential infrastructure terminology is also included. f r a The topics discussed in this book range from an overview of the Brazilian constitutional s structure to in-depth analyses of regulated sectors, public procurement, and dispute resolution. t The various essays contained herein cover the fundamental legal issues an international player r u must keep in mind when working in the Brazilian infrastructure market. This work utilizes a c comparative approach, and is intended to correlate Brazilian legal specificities with their t counterparts in internationally recognized models. u r e This work aims to provide essential guidelines that will enable international infrastructure l investors, practitioners, and scholars to successfully navigate Brazilian law and legal practice. a w m c m e a a s r r a i ç r a a international commerce l p international commerce a e u j r u g e and arbitration s u and arbitration i t s r e t a n a volume 20 volume 20 a f r n i o l d s h series editor series editor t o ingeborg schwenzer , ingeborg schwenzer 16.019 - 23.02.2016 - Rug 48,7 mm Table of Contents Preface and Acknowledgments ix Contributors xi Glossary xvii Part I Essays 1 An Overview of Brazilian Law 3 Marçal Justen Filho 2 Control of the Independent Regulatory Agencies 17 Alexandre Wagner Nester 3 Administrative Procedure and the Independent Regulatory Agen- cies 31 André Guskow Cardoso 4 Rule-Making Power of Independent Regulatory Agencies in Brazil 43 Diogo Albaneze Gomes Ribeiro 5 Brazilian Antitrust Law 55 Alexandre Wagner Nester 6 Competition Law Enforcement in Regulated Sectors 75 Marçal Justen Neto 7 An Overview of the Regulation in the Electricity Sector in Brazil 83 André Guskow Cardoso and Marçal Justen Neto 8 Telecommunications Law of Brazil 97 Aline Lícia Klein and Alan Garcia Troib 9 Infrastructure and Logistics in the Brazilian Transportation Sys- tem 111 Rafael Wallbach Schwind and Juliane Erthal de Carvalho v Table of Contents 10 Oil and Gas Regulation in Brazil 141 Cesar Pereira, Karlin Olbertz and Maria Augusta Rost 11 Mining in Brazil: Regulatory Scenario and Opportunities for Investment 173 Ricardo Barretto de Andrade and Vitor Lanza Veloso 12 Waste Management Regulation in Brazil 185 William Romero and Mônica Bandeira de Mello Lefèvre 13 Basic Sanitation Services in Brazil 197 Guilherme Fredherico Dias Reisdorfer and Diogo Albaneze Gomes Ribeiro 14 Environmental Licensing in Brazil 215 Cesar Pereira, Roberta Jardim de Morais, Manuela Demarche Mello, Fernanda de Abreu Tanure and Paola Braga Sunye 15 Public Procurement in Brazil: General Rules 229 Cesar Pereira 16 Reverse Auction as a Method of Public Procurement 257 Ana Lucia Ikenaga, Mayara Ruski Augusto Sá and Thalita Bizerril Duleba Mendes 17 Public Procurement Financed by International Agencies and Multi- lateral Funds in Brazil 277 Rafael Wallbach Schwind 18 The System of Protests and Appeals in Brazilian Public Biddings Law 289 William Romero 19 Differential Public Procurement Regime (RDC): Main Characteris- tics 299 Daniel Siqueira Borda and Mayara Gasparoto Tonin 20 Brazil’s Anti-Corruption Laws, the FCPA and the UK Bribery Act: A Comparative View 319 Cesar Pereira, Jacqueline Henry-Lucio and Luísa Paschoaleto Martim 21 Government Contracts in Brazilian Law 347 Aline Lícia Klein, Guilherme Fredherico Dias Reisdorfer and Karlin Olbertz vi Table of Contents 22 Concessions of Public Services and Public–Private Partnerships (PPP) in Brazil 369 Cesar Pereira 23 Public–Private Partnerships (PPP) in Brazil 389 FernãoJustende Oliveira 24 Brazilian Corporate Taxation 399 Michelle Pinterich 25 Construction Contracts in Brazilian Law and the Standard Interna- tional Model Contracts 415 Rodrigo Goulart de Freitas Pombo 26 Brazil in the Context of International Arbitration 427 Mauricio Gomm Santos and Quinn Smith 27 Arbitration in Brazil 445 Felipe Scripes Wladeck and Paulo Osternack Amaral 28 Recognition of Foreign Judgments and Awards in Brazil 461 Cesar Pereira Recognition of Arbitral Awards in Brazil 481 Part II Bilingual Versions of Relevant Statutes Brazilian Federal Constitution – Excerpts 501 Law n. 8.666/1993 (Biddings and government contracts) 515 Law n. 12.462/2011 (Creates the Differential Public Procurement Regime – RDC) – Excerpts 593 Decree n. 7.546 (Regulates the changes to Law n. 8.666 made by Law n. 12.349 – “Buy National”) 621 Law n. 10.520/2002 (Reverse auction) 629 Law n. 8.987/1995 (Concessions of Public Services) 635 vii 20 Brazil’s Anti-Corruption Laws, the FCPA and the UK Bribery Act: A Comparative View1 Cesar Pereira*, Jacqueline Henry-Lucio** and Luísa Paschoaleto Martim*** 20.1 Introduction Most countries implement anti-corruption policies, which often grow into anti-corruption laws. Nonetheless, it is said that “[t]he majority of people around the world believe that their government is ineffective at fighting corruption and [that] corruption in their country is getting worse.”2 Voicing similar concerns, in June 2013, Brazilians protested and rioted in the streets demanding more transparency and less corruption.3 1 The authors thank Diane Camacho, a NY-based attorney, for her invaluable assistance in editing this chapter. * Cesar Pereira is a Brazilian attorney and named partner at Justen, Pereira, Oliveira & Talamini Advogados (São Paulo). He holds an LLM (1998) and JSD (2005) in Public Law from Pontificia Universidade Católica (PUC-SP) and was a visiting scholar at Columbia University Law School in 2013-2014. He has published and edited numerous books, articles and book chapters on subjects related to infrastructure, public law and arbitration. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and serves as an arbitrator in matters involving PPPs, contracts and commercial law. He is the president of the Arbitration Center of the Federation of Industries of the State of Paraná (CAMFIEP) and vice-president of Brazil Infrastructure Institute, an industry think tank. Postal address: Rua Joaquim Floriano, 413, cj 111 – São Paulo, SP – 04.5r34- 011. Brazil. E-mail: <[email protected]>, <[email protected]> or <cesar.pereira@brazilin- fra.com>. ** Jacqueline Henry-Lucio is a second-year law student at The George Washington University Law School and the 2015-2016 Vice-Chair of Publications for the American Bar Association Section of International Law’s U.N. and International Organizations Committee. She wrote this chapter while interning at Justen, Pereira, Oliveira & Talamini Advogados in São Paulo, Brazil. E-mail: <[email protected]> or <[email protected]>. *** Luísa Paschoaleto Martim is a final-year law student at Universidade Presbiteriana Mackenzie and intern at Justen, Pereira, Oliveira & Talamini Advogados in São Paulo, Brazil. E-mail: <[email protected]> or <[email protected]>. 2 D. Hardoon & F. Heinrich, ‘2013 Global Corruption Barometer’, 2013, available at: <http://trans- parency.hu/uploads/docs/GCB2013_Report_Embargo.pdf>, access on 15 December 2015. 3 B. Brooks, ‘Brazil: 250K Protest Against Government Corruption’, USA Today, 23 June 2013, available at: <www.usatoday.com/story/news/world/2013/06/22/brazil-thousands-protest-anew-but-crowds- smaller/2449229/>; ‘Brazil Protests: Dilma Rousseff Unveils Reforms,’ BBC World, 22 June 2013, available at: <www.bbc.com/news/world-latin-america-23012547>, access on 15 December 2015. 319 Cesar Pereira, Jacqueline Henry-Lucio and Luísa Paschoaleto Martim That same year, Transparency International conducted a global survey,4 where more than one in four people, an estimated 27%, reported having paid a bribe in the last year when interacting with key public institutions and services.5 The same survey also revealed that two-thirds of those propositioned to pay a bribe say that they refused, indicating there may be a stronger movement to stop corruption than one may have thought.6 The most popular means of combating corruption has been anti-corruption laws. The United States implemented the Foreign Corrupt Practices Act (FCPA) in 1977 after inci- dents like the Watergate scandal exposed how far corruption had reached within the national government.7 Although the U.S. had always banned domestic corruption, the FCPA was the first law to directly prohibit payments to foreign officials for purposes of influencing any official act, obtaining or retaining business or for securing any other kind of improper advantage.8 The UK followed with the UK Bribery Act (‘Bribery Act’), which has been in force since 2011.9 The Bribery Act targets a wide range of situations that can be grouped into four “categories of offenses: (1) bribing another person; (2) taking bribes; (3) bribing foreign public officials; (4) the failure of a commercial organization to prevent bribery.”10 Similar to the FCPA, the UK Bribery Act makes it illegal for companies to pay foreign government officials for their assistance in obtaining or retaining business. However, it also holds companies liable for failing to prevent bribery.11 Yet by 2014 only three convictions had been brought under the Act, none of which involved corporate corruption.12 Brazil’s newest anti-corruption law, the Brazilian Anti-corruption Act (BACA), was enacted on 1 August 2013, and entered into force 180 days later in January 2014, which marks a remarkably quick turnaround for the country.13 The BACA was timed perfectly 4 Note: this study consisted of 114,000 respondents in 107 countries, approximately 1,000 respondents per country.
Load more

Recommended publications
  • This File Has Been Cleaned of Potential Threats. If You Confirm That the File Is
    This file has been cleaned of potential threats. If you confirm that the file is coming from a trusted source, you can send the following SHA-256 hash value to your admin for the original file. 45729aa579becc2d9db9727b842b6c34a223a6b7036de6d3ae076c51df795c92 To view the reconstructed contents, please SCROLL DOWN to next page. The text that follows is a PREPRINT. Please cite as: Grasel, D.; P.M. Fearnside, A.S. Rovai, J.R.S. Vitule, R.R. Rodrigues, R.P. Mormul, F.D.F. Sampaio & J.A. Jarenkow. 2019. Brazil’s Native Vegetation Protection Law jeopardizes wetland conservation: A comment on Maltchik et al. Environmental Conservation 46(2): 121-123. https://doi.org/10.1017/S0376892918000474 ISSN: 0376-8929 Copyright: Cambridge University Press The original publication available at http://journals.cambridge.org/ <publisher link> https://doi.org/10.1017/S0376892918000474 1 1 TITLE: Brazil’s Native Vegetation Protection Law jeopardizes wetland conservation: a 2 comment on Maltchik et al. 3 4 AUTHORS: DANIEL GRASEL1,*, PHILIP MARTIN FEARNSIDE2, ANDRÉ SCARLATE 5 ROVAI3,4, JEAN RICARDO SIMÕES VITULE5, RICARDO RIBEIRO RODRIGUES6, 6 ROGER PAULO MORMUL7, FLÁVIA DUARTE FERRAZ SAMPAIO8, JOÃO ANDRÉ 7 JARENKOW1,9 8 9 1 Programa de Pós-Graduação em Botânica, Instituto de Biociências, Universidade Federal do 10 Rio Grande do Sul, Av. Bento Gonçalves 9500, CEP 91501-970, Bloco IV, Prédio 43.433, 11 Porto Alegre, Rio Grande do Sul, Brazil 12 2 Instituto Nacional de Pesquisas da Amazônia, Av. André Araújo 2936, CEP 69067-375, 13 Manaus, Amazonas, Brazil 14 3 Department of Oceanography and Coastal Sciences, Louisiana State University, LA 70803, 15 Baton Rouge, Louisiana, USA 16 4 Programa de Pós-Graduação em Oceanografia, Centro de Ciências Físicas e Matemáticas – 17 CFM, Universidade Federal de Santa Catarina, Rua Eng.
    [Show full text]
  • How Brazil's Notorious Criminal Justice System Violates the International Covenant on Civil and Political Rights Layla Medina
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Digital Commons @ American University Washington College of Law American University International Law Review Volume 31 | Issue 4 Article 3 2016 Indefinite Detention, Deadly Conditions: How Brazil's Notorious Criminal Justice System Violates the International Covenant on Civil and Political Rights Layla Medina Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the Criminal Law Commons, Criminal Procedure Commons, Human Rights Law Commons, and the International Law Commons Recommended Citation Medina, Layla (2016) "Indefinite Detention, Deadly Conditions: How Brazil's Notorious Criminal Justice System Violates the International Covenant on Civil and Political Rights," American University International Law Review: Vol. 31: Iss. 4, Article 3. Available at: http://digitalcommons.wcl.american.edu/auilr/vol31/iss4/3 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. COMMENT INDEFINITE DETENTION, DEADLY CONDITIONS: HOW BRAZIL’S NOTORIOUS CRIMINAL JUSTICE SYSTEM VIOLATES THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS LAYLA MEDINA* I. INTRODUCTION
    [Show full text]
  • Download Letter to Congressional Leaders on PEC 171/1993
    Alameda Jaú, 72, Conj. 54-56, São Paulo, SP, Brasil CEP 01420-000 Brasília, June 9, 2015 Tel: +55 11 3283 1914 e-Mail: [email protected] Americas Division Renan Calheiros José Miguel Vivanco, Executive Director Senator, President of the Federal Senate of Brazil Daniel Wilkinson, Managing Director Maria Laura Canineu, Brazil Director Cesar Muñoz, Senior Researcher Max Schoening, Researcher Andre Moura, Kate Segal, Associate Nina Elizondo, Associate Federal Deputy, President of the Chamber of Deputies Special Commission Hugo Arruda, Associate on PEC 171/1993 Advisory Committee Lloyd Axworthy, Chair Laerte Bessa, Marina Pinto Kaufman, Vice Chair Julien Studley, Vice Chair Federal Deputy, Rapporteur of the Chamber of Deputies Special Roberto Alvarez Cynthia Arnson Commission on PEC 171/1993 Carlos Basombrio Peter D. Bell Marcelo Bronstein Paul Chevigny John Dinges Denise Dresser Tom J. Farer Dear Renan Calheiros, Andre Moura , and Laerte Bessa, Myles Frechette Alejandro Garro Peter Hakim Ronald G. Hellman I am writing to share Human Rights Watch’s serious concerns regarding the Stephen L. Kass Andy Kaufman proposed constitutional amendment that would lower the age of criminal Susanna Leval Kenneth Maxwell majority in Brazil to 16, allowing children age 16 and above who are in Jocelyn McCalla conflict with the law to be tried and punished as adults. The amendment Bruce Rabb Michael Shifter would violate Brazil’s obligations under international law and undermine George Soros Rose Styron rather than strengthen the country’s efforts to reduce crime. Javier Timerman Horacio Verbitsky George Vickers Alex Wilde Human Rights Watch is an international nongovernmental organization dedicated to protecting the human rights of people around the world.
    [Show full text]
  • The Role of Social Policies in the Education of Children and Poor Mothers in Salvador, Bahia
    Advances in Social Sciences Research Journal – Vol.4, No.22 Publication Date: Nov. 25, 2017 DoI:10.14738/assrj.422.3901. Gomes, C. (2017). The Role of Social Policies in the Education of Children and Poor Mothers in Salvador, Bahia. Advances in Social Sciences Research Journal, (422) 17-26. The Role of Social Policies in the Education of Children and Poor Mothers in Salvador, Bahia Cristina Gomes Facultad Latinoamericana de Ciencias Sociales, FLACSO Mexico Carretera al Ajusco 377, Mexico City, CP 14200 ABSTRACT This article explores the narratives of women beneficiaries of different social policies in the Metropolitan Region of Salvador, Bahia, Brazil, analyzing mothers discourses, attitudes and practices in the relationship to their children and, in particular, their commitment to supporting school tasks and their participation in school activities. Additionally, and especially, it looks at their daily work to instill the value of education, as well as practices and commitments between generations of mothers and children with the aim of preparing children with the aim of preparing the new generations to reach a higher level of human development, greater autonomy and increased well- being in their future trajectories. The qualitative methodology was applied: sixteen interviews with beneficiary mothers of social policies in the Metropolitan Region of Salvador, and results were explored with the method of Speech Analysis. Results show that mothers from poor families who receive the benefits of social policies are inter- generationally involved with their commitments. Mothers were even returning to schools, both for personal fulfillment and to give their children an example of the high value that they give to education.
    [Show full text]
  • Infrastructure Law of Brazil 2
    Marçal Justen Filho Marçal Justen Filho rd edition 3 Cesar A. Guimarães Pereira 2 Cesar A. Guimarães Pereira revised and expanded Editors Editors Infrastructure Law of Brazil Competition Law – Regulatory Agencies – Public Procurement Infrastructure Law of Brazil – Public-Private Partnerships – Government Contracts – Energy Competition Law – Regulatory Agencies – Public Procurement – Public-Private Partnerships Government Contracts – Energy – Telecommunications – Transport and Logistics – Oil and Gas – Telecommunications – Transport and Logistics – Oil and Gas Mining – Basic Sanitation – Waste Management – Corporate Taxation – Environmental Law – Mining – Basic Sanitation – Waste Management – Corporate Construction Contracts – Arbitration – Enforcement of Judgments and Awards against State Parties Bilingual versions of Relevant Statutes Taxation – Environmental Law – Construction Contracts – Arbitration – Enforcement of Judgments and Awards against State Parties – Bilingual versions of Relevant Statutes Área específica da obra Direito Administrativo 2012-2013 Áreas afins do livro Direito Público Econômico. Direito da Infraestrutura. Direito Concorrencial. Direito Processual Civil. COLEÇÃO FÓRUM Arbitragem INTERNACIONAL DE DIREITO PÚBLICO Público-alvo/consumidores da obra Advogados brasileiros com atuação internacional. Advogados estrangeiros com interesses no Brasil. The idea of writing this book came in 2010 as a Empresas multinacionais brasileiras e estrangeiras. Faculdades e estudantes de Direito brasileiros. natural result of our professional
    [Show full text]
  • No Time to Waste: Payment for Urban Environmental Services As a Tool to Support Invisible Recyclers in Brazil
    ANA PAULA RENGEL-GONÇALVES* & ELENA AYDOS† No Time to Waste: Payment for Urban Environmental Services as a Tool to Support Invisible Recyclers in Brazil Introduction ...................................................................................... 388 I. The Waste Crisis in Brazil .................................................... 390 II. Waste Pickers’ Precarious Reality in Brazil ......................... 393 A. Race, Gender, Age, Education, and Income .................. 394 B. Health and Safety Concerns ........................................... 396 C. Prejudice and Exclusion ................................................. 397 III. Legal Framework for Inclusion of Waste Pickers in the Waste Management System .................................................. 398 A. Early Municipal Schemes .............................................. 399 B. Waste Management Regulation at the State Level ........ 402 C. Waste Management Regulation at the Federal Level .... 403 1. The National Policy for Solid Waste ....................... 404 2. Other Federal Programs ........................................... 405 3. Remaining Challenges ............................................. 406 IV. The Use of Payment for Urban Environmental Services for Solid Waste Management ................................................ 408 A. Definition of Payment for Environmental Services ....... 409 B. Payment for Environmental Services in Brazil .............. 410 C. Urban Environmental Services and Waste Pickers ........ 411 V. Payment for Urban Environmental
    [Show full text]
  • REPORT Violence Against Indigenous Peoples in Brazil DATA for 2017
    REPORT Violence against Indigenous REPORT Peoples in Brazil DATA FOR Violence against Indigenous Peoples in Brazil 2017 DATA FOR 2017 Violence against Indigenous REPORT Peoples in Brazil DATA FOR 2017 Violence against Indigenous REPORT Peoples in Brazil DATA FOR 2017 This publication was supported by Rosa Luxemburg Foundation with funds from the Federal Ministry for Economic and German Development Cooperation (BMZ) SUPPORT This report is published by the Indigenist Missionary Council (Conselho Indigenista Missionário - CIMI), an entity attached to the National Conference of Brazilian Bishops (Conferência Nacional dos Bispos do Brasil - CNBB) PRESIDENT Dom Roque Paloschi www.cimi.org.br REPORT Violence against Indigenous Peoples in Brazil – Data for 2017 ISSN 1984-7645 RESEARCH COORDINATOR Lúcia Helena Rangel RESEARCH AND DATA SURVEY CIMI Regional Offices and CIMI Documentation Center ORGANIZATION OF DATA TABLES Eduardo Holanda and Leda Bosi REVIEW OF DATA TABLES Lúcia Helena Rangel and Roberto Antonio Liebgott IMAGE SELECTION Aida Cruz EDITING Patrícia Bonilha LAYOUT Licurgo S. Botelho COVER PHOTO Akroá Gamella People Photo: Ana Mendes ENGLISH VERSION Hilda Lemos Master Language Traduções e Interpretação Ltda – ME This issue is dedicated to the memory of Brother Vicente Cañas, a Jesuit missionary, in the 30th year Railda Herrero/Cimi of his martyrdom. Kiwxi, as the Mỹky called him, devoted his life to indigenous peoples. And it was precisely for advocating their rights that he was murdered in April 1987, during the demarcation of the Enawenê Nawê people’s land. It took more than 20 years for those involved in his murder to be held accountable and convicted in February 2018.
    [Show full text]
  • Pro Bono Practices and Opportunities in Brazil
    Pro Bono Practices and Opportunities in Brazil INTRODUCTION Brazil is Latin America’s largest country and arguably the region’s leading economy, home to a vibrant and developed legal community. Despite these and its many other positive attributes, it is also a country suffering from widespread inequality. While this combination would appear to present meaningful opportunities for the provision of pro bono legal services, the Brazilian legal community does not have a long-standing tradition of providing such services. The Brazilian Federal Constitution (the “Constitution”) sets forth as fundamental rights the right to access to justice and the right to free legal assistance, but in practice such fundamental rights are not yet fully accessible for a significant part of the population. Pro bono work could help provide assistance where State-funded legal aid is not available, but regulatory restrictions that were in force until recently have significantly hindered the development of pro bono work in the country. However, there have been important changes in the last few years, with gradual but clear signs of evolution in terms of regulation and the mentality of the legal community in general. Law practitioners in Brazil have been devoting increasing resources to pro bono activities and pro bono services are expected to increase in the future. OVERVIEW OF THE LEGAL SYSTEM The Justice System Constitution and Governing Laws The Constitution was approved in October 5, 1988 and is the fundamental and supreme law of Brazil. It establishes that Brazil is a federal presidential republic, based on a representative democracy. The President is both the head of state and the head of government.
    [Show full text]
  • Redalyc.The Legal Reserve: Historical Basis for the Understanding And
    Ciência Rural ISSN: 0103-8478 [email protected] Universidade Federal de Santa Maria Brasil Muniz Ottoni Santiago, Thaís; Pereira de Rezende, José Luiz; Coimbra Borges, Luís Antônio The legal reserve: historical basis for the understanding and analysis of this instrument Ciência Rural, vol. 47, núm. 2, 2017, pp. 1-9 Universidade Federal de Santa Maria Santa Maria, Brasil Available in: http://www.redalyc.org/articulo.oa?id=33148740008 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative Ciência Rural, Santa Maria,The legal v.47: reserve: 02, historical e20141349, basis for 2017 the understanding and analysis http://dx.doi.org/10.1590/0103-8478cr20141349 of this instrument. 1 ISSNe 1678-4596 FORESTRY SCIENCE The legal reserve: historical basis for the understanding and analysis of this instrument Thaís Muniz Ottoni Santiago1* José Luiz Pereira de Rezende2 Luís Antônio Coimbra Borges2 1Programa de Pós-graduação em Engenharia Florestal, Universidade Federal de Lavras (UFLA), 37200-000, Lavras, MG, Brasil. E-mail: [email protected]. *Corresponding author. 2Departamento de Ciências Florestais, Universidade Federal de Lavras (UFLA), Lavras, MG, Brasil. ABSTRACT: The revisions made in the Forest Code (FC) in 2012 appear to have promoted the weakening of the legal reserve (LR), which after at least 80 years of development, had become established in the Brazilian legal system as an instrument of environmental conservation. This study investigated the possibility of disruption in the implementation of the LR and was developed using qualitative approaches, including bibliographical and documental analyses, to assess the historical construction and legal format of the instrument over time.
    [Show full text]
  • “They Stay Until They Die” RIGHTS a Lifetime of Isolation and Neglect in Institutions WATCH for People with Disabilities in Brazil
    HUMAN “They Stay Until They Die” RIGHTS A Lifetime of Isolation and Neglect in Institutions WATCH for People with Disabilities in Brazil “They Stay until They Die” A Lifetime of Isolation and Neglect in Institutions for People with Disabilities in Brazil Copyright © 2018 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-36079 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, São Paulo, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org MAY 2018 ISBN: 978-1-6231-36079 “They Stay until They Die” A Lifetime of Isolation and Neglect in Institutions for People with Disabilities in Brazil Map of Brazil ....................................................................................................................... I Summary ..........................................................................................................................
    [Show full text]
  • Statistical Information
    STATISTICAL INFORMATION VOTES CAST FOR SENATORS IN 2008, 2010, and 2012 [Compiled from official statistics obtained by the Clerk of the House. Figures in the last column, for the 2012 election, may include totals for more candidates than the ones shown.] Vote Total vote State 2008 2010 2012 cast in 2012 Democrat Republican Democrat Republican Democrat Republican Alabama ....................... 752,391 1,305,383 515,619 968,181 .................... .................... .................... Alaska .......................... 1,51,767 147,814 60,045 90,839 .................... .................... .................... Arizona ........................ .................... .................... 592,011 1,005,615 1,036,542 1,104,457 2,243,422 Arkansas ...................... 804,678 .................... 288,156 451,618 .................... .................... .................... California ..................... .................... .................... 5,218,441 4,217,366 7,864,624 4,713,887 12,578,511 Colorado ...................... 1,230,994 990,755 851,590 822,731 .................... .................... .................... Connecticut .................. .................... .................... 605,204 498,341 792,983 604,569 1,511,764 Delaware ...................... 257,539 140,595 174,012 123,053 265,415 115,700 399,606 Florida .......................... .................... .................... 1,092,936 2,645,743 4,523,451 3,458,267 8,189,946 Georgia ........................ 909,923 1,228,033 996,516 1,489,904 ...................
    [Show full text]
  • Brazil, East Asia, and the Shaping of World Politics
    Brazil, East Asia, and the Shaping of World Politics Alexandre UEHARA & Guilherme CASARÕES* Abstract Key Words In this article, we analyse the relationship Brazil, East Asia, Japan, South Korea, between Brazil and East Asian countries- People’s Republic of China, foreign policy, Japan, China, South Korea and North Korea. trade relations. Even though most of these bilateral contacts are not new, they have been taken to a whole new level in the last two decades. While trade Introduction and investments have been the main element in these relations, they have assumed, especially It is no news that Brazil has already under Brazilian President Lula da Silva, an started to move onto the global stage. important political dimension. Our hypothesis is that stronger ties between Brazil and East The last 20 years have been of paramount Asia, however difficult they will be to achieve, importance to Brazilian diplomacy, will become paramount in shaping a new global thanks to the new domestic context order, inasmuch as they may lead to a growing of democracy, free markets, economic relevance of these countries in international politics. From a Brazilian perspective, East Asia development, and social inclusion. After may help the country attain its main foreign a decade of economic stability and trade policy goals in the 21st century. liberalisation under President Fernando Henrique Cardoso (1995-2002), the country has finally made its path towards sustainable growth, thus making it * Alexandre Uehara is the dean for Academic Affairs at Faculdades Integradas Rio Branco possible for the “tropical giant” to affirm and a researcher at the Núcleo de Pesquisa its status as an emerging power and a em Relações Internacionais (NUPRI/USP).
    [Show full text]