Questões de Concursos Inglês

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The Right to a “Custody Hearing” under International Law

by Maria Laura Canineu
February 3, 2014

        A person who is arrested has a right to be brought promptly before a judge. This is a longstanding and fundamental principle of international law, crucial for ensuring that the person’s arrest, treatment, and any ongoing detention are lawful.
        Yet, until now, Brazil has not respected this right. Detainees often go months before seeing a judge. For instance, in São Paulo state, which houses 37 percent of Brazil’s total prison population, most detainees are not brought before a judge for at least three months. The risk of ill-treatment is often highest during the initial stages of detention, when police are questioning a suspect. The delay makes detainees more vulnerable to torture and other serious forms of mistreatment by abusive police officers.
        In 2012, the UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment reported that it had received “repeated and consistent accounts of torture and ill-treatment” in São Paulo and other Brazilian states, “committed by, in particular, the military and civil police.” The torture had allegedly occurred in police custody or at the moment of arrest, on the street, inside private homes, or in hidden outdoor areas, and was described as “gratuitous violence, as a form of punishment, to extract confessions, and as a means of extortion.”
        In addition to violating the rights of detainees, these abusive practices make it more difficult for the police to establish the kind of public trust that is often crucial for effective crime control. These practices undermine legitimate efforts to promote public security and curb violent crime, and thus have a negative impact on Brazilian society as a whole.
        The right to be brought before a judge without unnecessary delay is enshrined in treaties long ago ratified by Brazil, including the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights. The United Nations Human Rights Committee, which is responsible for interpreting the ICCPR, has determined that the delay between the arrest of an accused and the time before he is brought before a judicial authority “should not exceed a few days,” even during states of emergency.
        Other countries in Latin America have incorporated this right into their domestic law. For instance, in Argentina, the federal Criminal Procedure Code requires that in cases of arrest without a judicial order, the detainee must be brought to a competent judicial authority within six hours.
        In contrast, Brazil’s criminal procedure code requires that when an adult is arrested in flagrante and held in police custody, only the police files of the case need to be presented to the judge within 24 hours, not the actual detainee. Judges evaluate the legality of the arrest and make the decision about whether to order continued detention or other precautionary measures based solely on the written documents provided by the police.
        The code establishes a maximum of 60 days for the first judicial hearing with the detainee, but does not explicitly say when this period begins. In practice, this often means that police in Brazil can keep people detained, with formal judicial authorization, for several months, without giving the detainee a chance to actually see a judge.
        According to the code, the only circumstance in which police need to bring a person before the judge immediately applies to cases of crimes not subject to bail in which arresting officer was not able to exhibit the arrest order to the person arrested at the time of arrest. Otherwise, the detainee may also not see a judge for several months.

(www.hrw.org. Editado e adaptado)

Text VII questions 38 through 40World Bank Brazil country brief1 With an estimated 167 million inhabitants, Brazil has thelargest population in Latin America and ranks sixth in the world. Themajority live in the south-central area, which includes industrial cities4 such as São Paulo, Rio de Janeiro and Belo Horizonte. 80% of thepopulation now lives in urban areas. Rapid growth in the urbanpopulation has aided economic development but also created serious7 problems for major cities.Brazils miracle years were in the late 1960s and early 1970swhen double digit-annual growth rates were recorded and the structure10 of the economy underwent rapid change.In the 1980s, however, Brazils economic performance waspoor in comparison with its potential. Annual Gross Domestic Product13 (GDP) growth only averaged 1.5 percent over the period from 1980to 1993. This reflected the economys inability to respond tointernational eventsin the late 1970s and the 1980s: the second oil16 shock; increase in international real interest rates; the Latin Americanexternal debt crisis and the ensuing cutoff of foreign credit and foreigndirect investment. This lack of responsiveness reflected the largely19 inward-looking policy orientation that had been in place since the1960s.Economic flexibility was further impaired by provisions of the22 1988 Constitution, which introduced significant rigidities in budgetingand public expenditure. An outcome of these pressures was a steadyrise in the rate of inflation, which reached monthly rates of 50% by the25 middle of 1994.Internet: <http://lnweb18.worldbank.org/Exter/abe36259ca656c4985256914005207e3?OpenDocumen> (with adaptations).The sentence "Rapid growth in the urban population has aided economic development but also created serious problems for major cities" (R.5-7) means the same as

Working for on demand startups like Uber and TaskRabbit is supposed to offer flexible hours and higher wages, but many workers have found the pay lower and the hours less flexible than they expected. Even more surprising: 8 percent of those chauffeuring passengers and 16 percent of those making deliveries said they lack personal autoinsurance.

Those are among the findings from a survey about the work life of independent contractors for on-demand startups, a booming sector of the tech industry, being released Wednesday.

"We want to shed light on the industry as a whole," said Isaac Madan, a Stanford master s candidate in bioinformatics who worked with two other Stanford students and a recent alumnus on the survey of 1,330 workers. "People need to understand how this space will change and evolve and help the economy."

On-demand, often called the sharing economy, refers to companies that let users summon workers via smartphone apps to handle all manner of services: rides, cleaning, chores, deliveries, car parking, waiting in lines. Almost uniformly, those workers are independent contractors rather than salaried employees.

That status is the main point of contention in a recent rash of lawsuits in which workers are filing for employee status. While the survey did not directly ask

contractors if they would prefer to be employees, it found that their top workplace desires were to have paid health insurance, retirement benefits and paid time off for holidays, vacation and sick days - all perks of full time workers. Respondents also expressed interest in having more chances for advancement, education sponsorship, disability insurance and human relations support. Because respondents were recruited rather than randomly selected, the survey does not claim to be representational but a conclusion one may come to is that flexibility ofnew jobs comes with a cost. Not all workers are prepared for that!

SFChronicle.com and SFGate.com, May 20, 2015. Adaptado

ARE YOU A FACEBOOK ADDICT?  

Are you a social media enthusiast or simply a Facebook addict? Researchers from Norway have developed a new instrument to measure Facebook addiction, the Bergen Facebook Addiction Scale.

"The use of Facebook has increased rapidly. We are dealing with a subdivision of Internet addiction connected to social media," Doctor of Psychology Cecilie Schou Andreassen says about the study, which is the first of its kind worldwide. 

Andreassen heads the research project  "Facebook Addiction" at the University of Bergen (UiB). An article about the results has just been published in the renowned journal Psychological Reports. She has clear views as to why some people develop Facebook dependency. 

"It occurs more regularly among younger than older users. We have also found that people who are anxious and socially insecure use Facebook more than those with lower scores on those traits, probably because those who are anxious find it easier to communicate via social media than face-to- face," Andreassen says.  

People who are organised and more ambitious tend to be less at risk from Facebook addiction. They will often use social media as an integral part of work and networking. 

"Our research also indicates that women are more at risk of developing Facebook addiction, probably due to the social nature of Facebook," Andreassen says. 

Six warning signs

As Facebook has become as ubiquitous as television in our everyday lives, it is becoming increasingly difficult for many people to know if they are addicted to social media. Andreassen’s study shows that the symptoms of Facebook addiction resemble those of drug  addiction, alcohol addiction and chemical substance addiction. 

The Bergen Facebook Addiction Scale is based on six basic criteria, where all items are scored on the following scale: (1) Very rarely, (2) Rarely, (3) Sometimes, (4) Often, (5)Very often, and (6) Always. 

• You spend a lot of time thinking about Facebook or planning to use of Facebook.
• You feel an urge to use Facebook more and more.
• You use Facebook in order to forget about personal problems.
• You have tried to cut down on the use of Facebook without success.
• You become restless or troubled if you are prohibited from using Facebook.
• You use Facebook so much that it has had a negative impact on your job/studies.  

Andreassen’s study shows that scoring “often” or “very often” on at least four of the six items may suggest that you are addicted to Facebook. 


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TEXT 2
Innovation is the new key to survival

[…]

At its most basic, innovation presents an optimal strategy for controlling costs. Companies that have invested in such technologies as remote mining, autonomous equipment and driverless trucks and trains have reduced expenses by orders of magnitude, while simultaneously driving up productivity.

Yet, gazing towards the horizon, it is rapidly becoming clear that innovation can do much more than reduce capital intensity. Approached strategically, it also has the power to reduce people and energy intensity, while increasing mining intensity.

Capturing the learnings 

The key is to think of innovation as much more than research and development (R&D) around particular processes or technologies. Companies can, in fact, innovate in multiple ways, such as leveraging supplier knowledge around specific operational challenges, redefining their participation in the energy value chain or finding new ways to engage and partner with major stakeholders and constituencies.

To reap these rewards, however, mining companies must overcome their traditionally conservative tendencies. In many cases, miners struggle to adopt technologies proven to work at other mining companies, let alone those from other industries. As a result, innovation becomes less of a technology problem and more of an adoption problem.

By breaking this mindset, mining companies can free themselves to adapt practical applications that already exist in other industries and apply them to fit their current needs. For instance, the tunnel boring machines used by civil engineers to excavate the Chunnel can vastly reduce miners" reliance on explosives. Until recently, those machines were too large to apply in a mining setting. Some innovators, however, are now incorporating the underlying technology to build smaller machines—effectively adapting mature solutions from other industries to realize more rapid results. 

Re-imagining the future

At the same time, innovation mandates companies to think in entirely new ways. Traditionally, for instance, miners have focused on extracting higher grades and achieving faster throughput by optimizing the pit, schedule, product mix and logistics. A truly innovative mindset, however, will see them adopt an entirely new design paradigm that leverages new information, mining and energy technologies to maximize value. […]

Approached in this way, innovation can drive more than cost reduction. It can help mining companies mitigate and manage risks, strengthen business models and foster more effective community and government relations. It can help mining services companies enhance their value to the industry by developing new products and services. Longer-term, it can even position organizations to move the needle on such endemic issues as corporate social responsibility, environmental performance and sustainability.

(http://www2.deloitte.com/content/dam/Deloitte/ru/Document s/energy-resource /ru_er_tracking_the_trends_2015_eng.pdf)