O STF e a violação à garantia constitucional da presunção de inovência

Artigo apresentado ao Curso de Graduação em Direito da UniCesumar – Centro Universitário de Maringá como requisito parcial para a obtenção do título de Bacharela em Direito sob a orientação do Prof. Dr. Marcelo Negri Soares.The present research have as objective the approach of the presumption of innocence as a result of the current knowledge of the Supreme Court that supressed it in extraordinary instance allowing the provisional execution of the sentence after the second degree os jurisdiction. To jusify the theme, it was sought the historical origin of the principle, your aplication in the brazilian law and the comparison of the position currently taken against previous decisions, in addition, the reasons for adopting such a position were also researched, presenting also the opposite theses. Faced with this problem, through the hypothetical-deductive method, it was concluded that there is unconstitutionality in the positioning, since it is contrary, not only to the mens legis of art. 5°, LVII of the Federal Constitution, but also to international treaties adopted by Brazil.A presente pesquisa tem como objetivo a abordagem do princípio da presunção de inocência em decorrência do atual entendimento do Supremo Tribunal Federal que o suprimiu em instância extraordinária, permitindo que se execute provisoriamente a pena após o segundo grau de jurisdição. Para se justificar o tema, buscou-se a origem histórica do princípio, o seu modo de aplicação no direito brasileiro e a comparação do posicionamento adotado atualmente em detrimento de decisões anteriores, além disso, também foram pesquisadas as razões de se adotar tal posicionamento, apresentando também as teses contrárias. Diante de tal problemática, por meio do método hipotético-dedutivo, concluiu-se que há inconstitucionalidade no posicionamento, visto que é contrário não somente à mens legis do art. 5°, inciso LVII da Constituição Federal, mas também à tratados internacionais adotados pelo Brasil

Striatal FoxP2 Is Actively Regulated during Songbird Sensorimotor Learning

BACKGROUND: Mutations in the FOXP2 transcription factor lead to language disorders with developmental onset. Accompanying structural abnormalities in cortico-striatal circuitry indicate that at least a portion of the behavioral phenotype is due to organizational deficits. We previously found parallel FoxP2 expression patterns in human and songbird cortico/pallio-striatal circuits important for learned vocalizations, suggesting that FoxP2's function in birdsong may generalize to speech. METHODOLOGY/PRINCIPAL FINDINGS: We used zebra finches to address the question of whether FoxP2 is additionally important in the post-organizational function of these circuits. In both humans and songbirds, vocal learning depends on auditory guidance to achieve and maintain optimal vocal output. We tested whether deafening prior to or during the sensorimotor phase of song learning disrupted FoxP2 expression in song circuitry. As expected, the songs of deafened juveniles were abnormal, however basal FoxP2 levels were unaffected. In contrast, when hearing or deaf juveniles sang for two hours in the morning, FoxP2 was acutely down-regulated in the striatal song nucleus, area X. The extent of down-regulation was similar between hearing and deaf birds. Interestingly, levels of FoxP2 and singing were correlated only in hearing birds. CONCLUSIONS/SIGNIFICANCE: Hearing appears to link FoxP2 levels to the amount of vocal practice. As juvenile birds spent more time practicing than did adults, their FoxP2 levels are likely to be low more often. Behaviorally-driven reductions in the mRNA encoding this transcription factor could ultimately affect downstream molecules that function in vocal exploration, especially during sensorimotor learning

Modelo de avaliação do capital intelectual de empresas de transportes de cargas e logística por meio da metodologia InCaS

TCC (graduação) - Universidade Federal de Santa Catarina. Campus Joinville. Engenharia de Transportes e Logística.A pandemia de COVID -19, além de causar perdas de vidas, afetou diretamente a economia mundial e forçou as empresas a se adaptarem neste novo contexto, buscando melhorias e otimização dos seus processos através de vantagens competitivas como conhecimento e inovação. A inovação combinada com capital intelectual tem crescido nos últimos anos, pois além de identificar oportunidades e ameaças no mercado, é capaz de identificar internamente as competências corporativas e de recursos das empresas. Com a necessidade das empresas em melhorar o desenvolvimento de conhecimentos e habilidades, os ativos imateriais tornam-se mais relevantes, considerando habilidades, processos organizacionais, informação e conhecimento. Com isso, surge a necessidade de desenvolver um modelo que permita as empresas avaliar um conjunto de conhecimentos, informações e recursos que compõem o capital intelectual. Uma ferramenta para a avaliação de capital intelectual é a metodologia InCaS – Intellectual Capital Statement – que desdobra este capital em humano, relacional e estrutural. Assim, este trabalho propõe um modelo para avaliar o capital intelectual de empresas de transportes de cargas e logística utilizando a metodologia InCaS, a fim de identificar os critérios intangíveis e apresentar os conhecimentos da área de transporte e logística de acordo com os capitais intelectuais. Ao fim, o modelo foi aplicado em uma empresa da área de transportes de carga e logística de Joinville, confirmando que o modelo é válido

O STF E A VIOLAÇÃO À GARANTIA CONSTITUCIONAL DA PRESUNÇÃO DE INOCÊNCIA

A presente pesquisa tem como objetivo a abordagem do princípio da presunção de inocência em decorrência do atual entendimento do Supremo Tribunal Federal que o suprimiu em instância extraordinária, permitindo que se execute provisoriamente a pena após o segundo grau de jurisdição. Para se justificar o tema, buscou-se a origem histórica do princípio. Diante da problemática apontada, concluiu-se que há inconstitucionalidade no posicionamento, visto que é contrário não somente à mens legis do art. 5°, inciso LVII da Constituição Federal, mas também à tratados internacionais adotados pelo Brasil

Incomplete and Inaccurate Vocal Imitation after Knockdown of FoxP2 in Songbird Basal Ganglia Nucleus Area X

The gene encoding the forkhead box transcription factor, FOXP2, is essential for developing the full articulatory power of human language. Mutations of FOXP2 cause developmental verbal dyspraxia (DVD), a speech and language disorder that compromises the fluent production of words and the correct use and comprehension of grammar. FOXP2 patients have structural and functional abnormalities in the striatum of the basal ganglia, which also express high levels of FOXP2. Since human speech and learned vocalizations in songbirds bear behavioral and neural parallels, songbirds provide a genuine model for investigating the basic principles of speech and its pathologies. In zebra finch Area X, a basal ganglia structure necessary for song learning, FoxP2 expression increases during the time when song learning occurs. Here, we used lentivirus-mediated RNA interference (RNAi) to reduce FoxP2 levels in Area X during song development. Knockdown of FoxP2 resulted in an incomplete and inaccurate imitation of tutor song. Inaccurate vocal imitation was already evident early during song ontogeny and persisted into adulthood. The acoustic structure and the duration of adult song syllables were abnormally variable, similar to word production in children with DVD. Our findings provide the first example of a functional gene analysis in songbirds and suggest that normal auditory-guided vocal motor learning requires FoxP2

Ultrasonic vocalizations in mouse models for speech and socio-cognitive disorders: insights into the evolution of vocal communication

Comparative analyses used to reconstruct the evolution of traits associated with the human language faculty, including its socio-cognitive underpinnings, highlight the importance of evolutionary constraints limiting vocal learning in non-human primates. After a brief overview of this field of research and the neural basis of primate vocalizations, we review studies that have addressed the genetic basis of usage and structure of ultrasonic communication in mice, with a focus on the gene FOXP2 involved in specific language impairments and neuroligin genes (NL-3 and NL-4) involved in autism spectrum disorders. Knockout of FoxP2 leads to reduced vocal behavior and eventually premature death. Introducing the human variant of FoxP2 protein into mice, in contrast, results in shifts in frequency and modulation of pup ultrasonic vocalizations. Knockout of NL-3 and NL-4 in mice diminishes social behavior and vocalizations. Although such studies may provide insights into the molecular and neural basis of social and communicative behavior, the structure of mouse vocalizations is largely innate, limiting the suitability of the mouse model to study human speech, a learned mode of production. Although knockout or replacement of single genes has perceptible effects on behavior, these genes are part of larger networks whose functions remain poorly understood. In humans, for instance, deficiencies in NL-4 can lead to a broad spectrum of disorders, suggesting that further factors (experiential and/or genetic) contribute to the variation in clinical symptoms. The precise nature as well as the interaction of these factors is yet to be determined

To transduce a zebra finch: interrogating behavioral mechanisms in a model system for speech

The ability to alter neuronal gene expression, either to affect levels of endogenous molecules or to express exogenous ones, is a powerful tool for linking brain and behavior. Scientists continue to finesse genetic manipulation in mice. Yet mice do not exhibit every behavior of interest. For example, Mus musculus do not readily imitate sounds, a trait known as vocal learning and a feature of speech. In contrast, thousands of bird species exhibit this ability. The circuits and underlying molecular mechanisms appear similar between disparate avian orders and are shared with humans. An advantage of studying vocal learning birds is that the neurons dedicated to this trait are nested within the surrounding brain regions, providing anatomical targets for relating brain and behavior. In songbirds, these nuclei are known as the song control system. Molecular function can be interrogated in non-traditional model organisms by exploiting the ability of viruses to insert genetic material into neurons to drive expression of experimenter-defined genes. To date, the use of viruses in the song control system is limited. Here, we review prior successes and test additional viruses for their capacity to transduce basal ganglia song control neurons. These findings provide a roadmap for troubleshooting the use of viruses in animal champions of fascinating behaviors-nowhere better featured than at the 12th International Congress

Social Context–Induced Song Variation Affects Female Behavior and Gene Expression

Social cues modulate the performance of communicative behaviors in a range of species, including humans, and such changes can make the communication signal more salient. In songbirds, males use song to attract females, and song organization can differ depending on the audience to which a male sings. For example, male zebra finches (Taeniopygia guttata) change their songs in subtle ways when singing to a female (directed song) compared with when they sing in isolation (undirected song), and some of these changes depend on altered neural activity from a specialized forebrain-basal ganglia circuit, the anterior forebrain pathway (AFP). In particular, variable activity in the AFP during undirected song is thought to actively enable syllable variability, whereas the lower and less-variable AFP firing during directed singing is associated with more stereotyped song. Consequently, directed song has been suggested to reflect a “performance” state, and undirected song a form of vocal motor “exploration.” However, this hypothesis predicts that directed–undirected song differences, despite their subtlety, should matter to female zebra finches, which is a question that has not been investigated. We tested female preferences for this natural variation in song in a behavioral approach assay, and we found that both mated and socially naive females could discriminate between directed and undirected song—and strongly preferred directed song. These preferences, which appeared to reflect attention especially to aspects of song variability controlled by the AFP, were enhanced by experience, as they were strongest for mated females responding to their mate's directed songs. We then measured neural activity using expression of the immediate early gene product ZENK, and found that social context and song familiarity differentially modulated the number of ZENK-expressing cells in telencephalic auditory areas. Specifically, the number of ZENK-expressing cells in the caudomedial mesopallium (CMM) was most affected by whether a song was directed or undirected, whereas the caudomedial nidopallium (NCM) was most affected by whether a song was familiar or unfamiliar. Together these data demonstrate that females detect and prefer the features of directed song and suggest that high-level auditory areas including the CMM are involved in this social perception

Replication of CNTNAP2 association with nonword repetition and support for FOXP2 association with timed reading and motor activities in a dyslexia family sample

Two functionally related genes, FOXP2 and CNTNAP2, influence language abilities in families with rare syndromic and common nonsyndromic forms of impaired language, respectively. We investigated whether these genes are associated with component phenotypes of dyslexia and measures of sequential motor ability. Quantitative transmission disequilibrium testing (QTDT) and linear association modeling were used to evaluate associations with measures of phonological memory (nonword repetition, NWR), expressive language (sentence repetition), reading (real word reading efficiency, RWRE; word attack, WATT), and timed sequential motor activities (rapid alternating place of articulation, RAPA; finger succession in the dominant hand, FS-D) in 188 family trios with a child with dyslexia. Consistent with a prior study of language impairment, QTDT in dyslexia showed evidence of CNTNAP2 single nucleotide polymorphism (SNP) association with NWR. For FOXP2, we provide the first evidence for SNP association with component phenotypes of dyslexia, specifically NWR and RWRE but not WATT. In addition, FOXP2 SNP associations with both RAPA and FS-D were observed. Our results confirm the role of CNTNAP2 in NWR in a dyslexia sample and motivate new questions about the effects of FOXP2 in neurodevelopmental disorders

A Comparative Neuroanatomical Study of the Red Nucleus of the Cat, Macaque and Human

BACKGROUND:The human red nucleus (Nr) is comparatively less well-studied than that of cats or monkeys. Given the functional importance of reticular and midbrain structures in control of movement and locomotion as well as from an evolutionary perspective, we investigated the nature and extent of any differences in Nr projections to the olivary complex in quadrupedal and bipedal species. Using neuroanatomical tract-tracing techniques we developed a "neural sheet" hypothesis allowing us to propose how rubro-olivary relations differ among the three species. METHODS AND FINDINGS:Wheat germ agglutinin-horseradish peroxidase staining supports findings that the cat's nucleus accessories medialis of Bechtrew (NB) projects mainly to the lateral bend of the principal olive. We clarified boundaries among nucleus of Darkschewitsch (ND), NB and parvicellular red nucleus (pNr) of the cat's neural sheet. The macaque's ND-medial accessory olivary projection is rostro-caudally organized and the dorsomedial and ventrolateral parts of the macaque's pNr may project to the principal olive's rostral and caudal dorsal lamella; in cat it projects as well to pNr. Myelin- and Nissl-stained sections show that a well-developed dorsomedial part of the human Nr consists of densely packed cells, deriving small myelinated fibers that continue into the medial central tegmental tract. CONCLUSIONS:Based on these findings we suggest there are distinct bipedal-quadrupedal differences for Nr projections to the olivary complex. We propose the Nr of cats and monkeys comprise the ND, NB and pNr in a zonal sheet-like structure, retaining clear nuclear boundaries and an isolated, well-developed mNr. The human NB may be distinguished from its more specialised ND (ND lies alongside a well-developed pNr) in the human central gray. Phylogenetically, the NB may have been translocated into a roll-shaped Nr in the reticular formation, the dorsomedial portion of which might correspond to the cat's and monkey's NB