Gestão fraudulenta de instituição financeira: texto e contexto normativos

Since the beginning of its term, the Statute 7492/86 became the target of a series of severe criticism by the Brazilian jurists, many of which suggested that it was unconstitutional. One of the main alleged problems that legislation had, on this view, would be the redaction of the crime of fraudulent management of financial institutions provided by article 4, heading, of the same statute. However, despite all the academic effort spent in this direction has failed to obtain a declaration of incompatibility with the Constitution, yet it was able to devastate the normativity of the crime under discussion, leaving to the courts and prosecution organs the task of delimitate its spectrum. Unfortunately, the complexity of the issue seems to be too much to be discussed in the meager time available to the practical activity of law. This scenario is not due to the forceful criticism of the statute and, therefore, of the crime in question have received, but because of the lack of adequate approach to the theme (despite some well-intentioned attempts in this direction). Moreover, the text apparently irreconcilable so-called “White collar crimes Act” poses serious difficulties for those seeking a path other than the denial of the offense. Given this situation, we propose a normative recovery of the crime of fraudulent management of financial institution which should take into account, in addition, of course, the principles inherent in contemporary criminal law, the context from which emerged the act as well as a deepening concerning the one background in which the crime operates its normativity, what would be, of course, the economic environment.Desde o início da sua vigência, a Lei n. 7. 492/86 passou a ser alvo de uma série de críticas severas por parte dos juristas brasileiros, muitos dos quais sugeriram sua inconstitucionalidade. Um dos principais supostos problemas que essa legislação possuiria, segundo essa visão, seria a redação do delito de gestão fraudulenta de instituição financeira, previsto no art. 4, caput, da mesma. Contudo, apesar de todo o esforço acadêmico gasto nessa direção não ter logrado obter uma declaração de incompatibilidade com a Carta Magna, ainda assim, foi apto a devastar a normatividade do crime em comento, relegando aos tribunais e órgãos de persecução a delimitação de seu espectro. Infelizmente, a complexidade envolvida na questão parece ser demasiada para ser discutida no exíguo período disponível à atividade prática do direito. Tal cenário não se deve à contundência das críticas dirigidas à lei e, conseqüentemente, ao crime em questão, mas à ausência de abordagem adequada do tema (apesar de algumas tentativas bem intencionadas nesse sentido). Além disso, o texto aparentemente inconciliável da chamada "Lei dos crimes do colarinho branco", coloca sérias dificuldades a aqueles que buscam trilhar um caminho diverso da negação da infração. Diante dessa situação, propomos uma recuperação normativa do crime de gestão fraudulenta de instituição financeira a qual deve levar em conta, além, evidentemente, dos princípios inerentes ao direito penal contemporâneo, o contexto a partir do qual a lei emergiu, bem como o aprofundamento daquele no qual o crime opera sua normatividade, por certo, o ambiente econômico

Analysis of Lean Six Sigma in the Army contracting process

Joint Applied ProjectThe purpose of this MBA Project is to investigate Lean Six Sigma (LSS) as it pertains to contracting processes. This project will analyze whether or not LSS is an efficient and effective process to achieve the Army's goal of successful Business Transformation. The project will discuss the vision of the Defense (DoD) and the Army for Business Transformation and what is being done to achieve their goals. Research will focus on whether LSS is working and what, if anything can be done to supplement progress. The DoD is one of the largest and most complex organizations in the world. Transforming the Department's business operations and aligning its strategy, controls, people, processes and technology to truly effect this transformation is an enormous challengehttp://archive.org/details/analysisoflesixs109451058

Multi-mode density matrices of light via amplitude and phase control

A new method is described for determining the quantum state of correlated multimode radiation by interfering the modes and measuring the statistics of the superimposed fields in four-port balanced homodyne detection. The full information on the $N$-mode quantum state is obtained by controlling both the relative amplitudes and the phases of the modes, which simplifies the reconstruction of density matrices to only $N+1$ Fourier transforms. In particular, this method yields time-correlated multimode density matrices of optical pulses by superimposing the signal by a sequence of short local-oscillator pulses.Comment: 6 pages, late

Added noise in homodyne measurement of field-observables

Homodyne tomography provides a way for measuring generic field-operators. Here we analyze the determination of the most relevant quantities: intensity, field, amplitude and phase. We show that tomographic measurements are affected by additional noise in comparison with the direct detection of each observable by itself. The case of of coherent states has been analyzed in details and earlier estimations of tomographic precision are critically discussed.Comment: Two figures. Submitted to Phys. Lett.

Radioactive Waste Management of Fusion Power Plants

This chapter outlines the attractive environmental features of nuclear fusion, presents an integral scheme to manage fusion activated materials during operation and after decommissioning, compares the volume of fusion and fission waste, covers the recycling, clearance, and disposal concepts and their official radiological limits, and concludes with a section summarizing the newly developed strategy for fusion power plant

Real and perceived physical functioning in Italian elderly population: associations with BADL and IADL

This study aimed to identify the key physical abilities (aerobic endurance, gait speed, balance, strength) and psychological variables associated with the level of basic (BADL) and instrumental (IADL) activities of daily living in an autonomous community-dwelling elderly population in Italy. 135 elderly people (63% women; mean age = 73.3, SD = 5.5) were included in the study. Stepwise regression was performed to verify the association between these variables and the level of BADL and IADL in the elderly participants. Results showed that balance (β = −0.21, p < 0.01) and perception of physical functioning (β = 0.32, p < 0.0001) were the key individual variables related to BADL scores, and IADL score was associated with perception of physical functioning (β = 0.30, p < 0.0001) and upper limb strength (β = 0.21, p < 0.05). The results demonstrate a relationship between physical functioning and ADL, both real physical functioning and perceived physical functioning

Perfectionism and attitudes toward cognitive enhancers (“smart drugs”)

Perfectionism is a personality disposition characterized by exceedingly high standards of performance and pressure to be perfect which may incline students to take cognitive enhancers (“smart drugs”) to boost their academic performance. So far, however, no study has investigated the relationships of multidimensional perfectionism and attitudes toward cognitive enhancers. The present study investigated these relationships in 272 university students examining different dimensions of perfectionism. Results showed that socially prescribed perfectionism, perfectionist concerns and doubts, and perceived parental pressure to be perfect showed positive correlations with attitudes favoring the use of cognitive enhancers. In contrast, self-oriented perfectionism, perfectionist personal standards, and organization showed negative correlations. The findings suggest that perfectionism may play a role as both a risk factor for and a protective factor against using cognitive enhancers depending on what dimensions of perfectionism are regarded