Brazilian Legal Culture: From the Tradition of Exception to the Promise of Emancipation

This article investigates the existence of an original Brazilian legal culture. It parts from a critical examination of the key moments in the history of Brazil through the accounts of its most important scholars, such as Caio Prado Júnior, Darcy Ribeiro, Sérgio Buarque de Holanda, Wilson Martins, Oliveira Viana, Roberto Damatta, José Murilo de Carvalho, among others. It identifies in the Brazilian legal culture something one might call tradition of exception, which can be found in many of its most prominent aspects, such as the persistent denial of any general or abstract regulatory standards, the uncritical introduction of foreign doctrines and legal patterns, the maintenance of aristocratic traditions in social life and the historical disregard of the Brazilian people as political subject. The article also offers a reflection on the problems and potentials of the current historic moment, in which for the first time Brazilians face the possibility of a genuine cultural emancipation.     

The Principle of Conferred Powers and the Division of Powers Between the European Community and the Member States

This article is a reflection about the division of powers between theEuropean Community and the Member States. It focuses on the adventuresand misadventures of the principle of conferred powers in the process ofEuropean integration. Section I is about the initial vertical divisionof powers in the European Community. Section II is dedicated to ananalysis of the progressive erosion of conferred powers during the 70'sand the 80's. Section III refers to the slow return to the applicationof the conferred powers principle that started after the Single EuropeanAct.     

Measurement of delta 9-tetrahydrocannabinol (THC) in whole blood samples from impaired motorists

The major psychoactive cannabinoid in marihuana, delta 9-tetrahydrocannabinol (THC) was measured in 1792 randomly selected blood specimens from erratic motorists arrested for impairment who submitted to blood alcohol sampling. Of these specimens, 14.4% were positive for THC (greater than or equal to 5.5 ng/mL). In those erratic driver specimens negative for alcohol THC positives rose to 23%. Drivers who used marihuana covered a broad age range. Aliquots of hemolyzed blood (10 microL) were analyzed by a sensitive radioimmunoassay (RIA) not requiring extraction. RIA accuracy and specificity were validated by gas liquid chromatography/mass spectroscopy (GLC/MS) split pair analysis (correlation coefficient = 0.93). This initial experience should facilitate and amplify a program designed to set forth the epidemiology of marihuana use in motorists and possible behavioral correlates.     

Contribution for an African autosomic STR database (AmpF/STR Identifiler and Powerplex 16 System) and a report on genotypic variations

Allele frequencies, together with some parameters of forensic interest, for 17 STRs included in the AmpF/STR Identifiler (CSF1PO, D2S1338, D3S1358, D5S818, D7S820, D8S1179, D13S317, D16S539, D18S51, D19S433, D21S11, FGA, TH01, TPO and VWA) and Powerplex 16 System (CSF1PO, D3S1358, D5S818, D7S820, D8S1179, D13S317, D16S539, D18S51, D21S11, FGA, Penta D, Penta E, TH01, TPO and VWA) were estimated from a sample of 135-144 unrelated individuals from Mozambique. No deviations from Hardy-Weinberg equilibrium were observed with the exception of the FGA locus (using the Bonferroni correction for the number of loci analysed, the departure observed at this locus was not significant). Comparative analyses between our population data and other African databases, namely Promega's African-Americans, AB Applied Biosystems African-Americans and two other population samples from Mozambique and Guiné Bissau, are presented and discussed. Genotype inconsistencies between both commercial kits (for D16S539 and D8S1179) and other genotypic variations (three-banded allele patterns for TPO) are also reported.     

Fuel Distribution in Brazil： Profile and Stability of Plural Governances

This paper is dedicated to the study of governances adopted by fuel distributors in their transactions with gas station retailers in the State of Sgo Paulo. With the deregulation of the market, plural forms were allowed and have been a recurring presence. The main aim of the paper is to investigate why these plural forms have remained on the market The main hypothesis of this paper is that the plural forms found are transitory, not as a result of increased efficiency and reduced transaction costs, but because plural forms have become a key strategic step in securing business partners and promoting greater growth of the firm. Moreover, it is argued that the institutional environment has a significant influence on the coordination of plural forms, directly interfering with their stability. The research method was qualitative research with a group of 25 distribution companies which account for about 80% of sales of ethanol and gasoline in the domestic market.     

Contents of Volume 23

Volume Contents

Contents of Volume 23