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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)

 Generation Y
By Sally Kane, About.com Guide

Born in the mid-1980"s and later, Generation Y legal professionals are in their 20s and are just entering the workforce. With numbers estimated as high as 70 million, Generation Y (also -1- as the Millennials) is the fastest growing segment of today"s workforce. As law firms compete for available talent, employers cannot ignore the needs, desires and attitudes of this vast generation. Below are a few common traits that define Generation Y.

Tech-Savvy: Generation Y grew up with technology and rely on it to perform their jobs better. Armed with BlackBerrys, laptops, cellphones and other gadgets, Generation Y is plugged-in 24 hours a day, 7 days a week. This generation prefers to communicate through e-mail and text messaging rather than face-to-face contact and -2- webinars and online technology to traditional lecture-based presentations.

Family-Centric: The fast-track has lost much of its appeal for Generation Y who is willing to trade high pay for fewer billable hours, flexible schedules and a better work/life balance. While older generations may view this attitude as narcissistic or lacking commitment, discipline and drive, Generation Y legal professionals have a different vision of workplace expectations and prioritize family over work.

Achievement-Oriented: Nurtured and pampered -3- parents who did not want to make the mistakes of the previous generation, Generation Y is confident, ambitious and achievement-oriented. They have high expectations of their employers, seek out new challenges and are not afraid to question authority. Generation Y wants meaningful work and a solid learning curve

Team-Oriented: As children, Generation Y participated in team sports, play groups and other group activities. They value teamwork and seek the input and affirmation of others. Part of a no-person-left-behind generation, Generation Y is loyal, committed and wants to be included and involved.

Attention-Craving: Generation Y craves attention in the forms of feedback and guidance. They appreciate being kept in the loop and seek frequent praise and reassurance. Generation Y may benefit greatly from mentors who can help guide and develop their young careers.

Font: http://legalcareers.about.com/od/practicetips/a/Ge...

NASA Researchers Studying Advanced Nuclear Rocket Technologies

January 9, 2013

By using an innovative test facility at NASA’s Marshall Space Flight Center in Huntsville, Ala., researchers are able to use non-nuclear materials to simulate nuclear thermal rocket fuels - ones capable of propelling bold new exploration missions to the Red Planet and beyond. The Nuclear Cryogenic Propulsion Stage team is tackling a three-year project to demonstrate the viability of nuclear propulsion system technologies. A nuclear rocket engine uses a nuclear reactor to heat hydrogen to very high temperatures, which expands through a nozzle to generate thrust. Nuclear rocket engines generate higher thrust and are more than twice as efficient as conventional chemical rocket engines.

The team recently used Marshall’s Nuclear Thermal Rocket Element Environmental Simulator, or NTREES, to perform realistic, non-nuclear testing of various materials for nuclear thermal rocket fuel elements. In an actual reactor, the fuel elements would contain uranium, but no radioactive materials are used during the NTREES tests. Among the fuel options are a graphite composite and a “cermet” composite - a blend of ceramics and metals. Both materials were investigated in previous NASA and U.S. Department of Energy research efforts.

Nuclear-powered rocket concepts are not new; the United States conducted studies and significant ground testing from 1955 to 1973 to determine the viability of nuclear propulsion systems, but ceased testing when plans for a crewed Mars mission were deferred.

The NTREES facility is designed to test fuel elements and materials in hot flowing hydrogen, reaching pressures up to 1,000 pounds per square inch and temperatures of nearly 5,000 degrees Fahrenheit - conditions that simulate space-based nuclear propulsion systems to provide baseline data critical to the research team.

“This is vital testing, helping us reduce risks and costs associated with advanced propulsion technologies and ensuring excellent performance and results as we progress toward further system development and testing,” said Mike Houts, project manager for nuclear systems at Marshall.

A first-generation nuclear cryogenic propulsion system could propel human explorers to Mars more efficiently than conventional spacecraft, reducing crews’ exposure to harmful space radiation and other effects of long-term space missions. It could also transport heavy cargo and science payloads. Further development and use of a first-generation nuclear system could also provide the foundation for developing extremely advanced propulsion technologies and systems in the future - ones that could take human crews even farther into the solar system.

Building on previous, successful research and using the NTREES facility, NASA can safely and thoroughly test simulated nuclear fuel elements of various sizes, providing important test data to support the design of a future Nuclear Cryogenic Propulsion Stage. A nuclear cryogenic upper stage - its liquid- hydrogen propellant chilled to super-cold temperatures for launch - would be designed to be safe during all mission phases and would not be started until the spacecraft had reached a safe orbit and was ready to begin its journey to a distant destination. Prior to startup in a safe orbit, the nuclear system would be cold, with no fission products generated from nuclear operations, and with radiation below significant levels.

“The information we gain using this test facility will permit engineers to design rugged, efficient fuel elements and nuclear propulsion systems,” said NASA researcher Bill Emrich, who manages the NTREES facility at Marshall. “It’s our hope that it will enable us to develop a reliable, cost-effective nuclear rocket engine in the not-too-distant future."

The Nuclear Cryogenic Propulsion Stage project is part of the Advanced Exploration Systems program, which is managed by NASA’s Human Exploration and Operations Mission Directorate and includes participation by the U.S. Department of Energy. The program, which focuses on crew safety and mission operations in deep space, seeks to pioneer new approaches for rapidly developing prototype systems, demonstrating key capabilities and validating operational concepts for future vehicle development and human missions beyond Earth orbit.

Marshall researchers are partnering on the project with NASA’s Glenn Research Center in Cleveland, Ohio; NASA’s Johnson Space Center in Houston; Idaho National Laboratory in Idaho Falls; Los Alamos National Laboratory in Los Alamos, N.M.; and Oak Ridge National Laboratory in Oak Ridge, Tenn.

The Marshall Center leads development of the Space Launch System for NASA. The Science & Technology Office at Marshall strives to apply advanced concepts and capabilities to the research, development and management of a broad spectrum of NASA programs, projects and activities that fall at the very intersection of science and exploration, where every discovery and achievement furthers scientific knowledge and understanding, and supports the agency’s ambitious mission to expand humanity’s reach across the solar system. The NTREES test facility is just one of numerous cutting-edge space propulsion and science research facilities housed in the state-of- the-art Propulsion Research & Development Laboratory at Marshall, contributing to development of the Space Launch System and a variety of other NASA programs and missions.

Available in: http://www.nasa.gov

   Is blue growth the beginning or end of a healthier ocean?

March 17th 2015

Across the globe, countries are increasingly looking seaward in search of new economic opportunities, including oil, gas, and mineral extraction from the sea floor, renewable energy development, and biotechnology.
The push to expand this so-called “blue economy" comes at a time when the ecological health of the oceans is seriously degraded. Last year, the Economist"s World Ocean Summit concluded with a resounding consensus that more needs to be done to protect and restore the world"s seas, especially the high seas. Will blue growth help or harm efforts to achieve a healthier ocean ecosystem?
The U.N. has proposed ambitious sustainable development goals relating to ocean health. They include reducing pollution from agriculture run-off, decreasing untreated sewage and solid waste, rebuilding depleted fish stocks, and protecting and restoring natural habitats.
A healthy ocean ecosystem is a public good—both locally and globally. Mangroves, corals, and salt marshes protect  coastal towns from storms. Oceans store carbon and produce oxygen that benefits us all. And areas of high biodiversity support global fisheries and are essential for resilient and productive oceans.
These natural benefits can remain intact if nations encourage—and even require—participants in the blue economy to reinvest the economic capital created from that economy in the natural capital of marine and coastal ecosystems; namely by restoring degraded habitats, protecting healthy ones, and financing blue economy “greening" efforts.
Channeling the new wealth of a growing blue economy into projects that will build a healthier ocean will require new financial tools. For instance, a global ocean trust fund, eco taxes, or user fees could be managed at the global level (say the U.N., World Bank, or the Global Environmental Facility) or even at a regional level, perhaps through existing regional seas organisations.
But for now the blue economy needs to aim higher than merely to do no harm. Converting blue economic capital into blue natural capital can raise all boats and produce a healthier, more sustainable blue economy.

                       (http://www.economistinsights.com/opinion/blue-growth-beginning-or-endhealthier-ocean)

TEXT 3
Sustainable mining – oxymoron or a way of the future?

Mining is an activity that has persisted since the start of humans using tools. However, one might argue that digging a big hole in the ground and selling the finite resources that come out of that hole is not sustainable, especially when the digging involves the use of other finite resources (i.e. fuels) and produces a lot of greenhouse gases.

The counter argument could go along the lines that minerals are not being lost or destroyed through mining and mineral processing – the elements are being shifted around, and converted into new forms. Metals can even be extracted from waste, seawater or even sewage, and recycled. But a more simple argument is possible: a mine can be sustainable if it is economically, socially and environmentally beneficial in the short and long term. To be sustainable, the positive benefits of mining should outweigh any negative impacts. […]

Social positives are often associated with mines in regional areas, such as providing better amenities in a nearby town, or providing employment (an economic and social positive). Social negatives can also occur, such as dust, noise, traffic and visual amenity. These are commonly debated and, whilst sometimes controversial, can be managed with sufficient corporate commitment, stakeholder engagement, and enough time to work through the issues. Time is the key parameter - it may take several years for a respectful process of community input, but as long as it is possible for social negatives to be outweighed by social positives, then the project will be socially sustainable.

It is most likely that a mine development will have some environmental negatives, such as direct impacts on flora and fauna through clearing of vegetation and habitat within the mine footprint. Some mines will have impacts which extend beyond the mine site, such as disruption to groundwater, production of silt and disposal of waste. Certainly these impacts will need to be managed throughout the mine life, along with robust rehabilitation and closure planning. […]

The real turning point will come when mining companies go beyond environmental compliance to create "heritage projects" that can enhance the environmental or social benefits in a substantial way – by more than the environmental offsets needed just to make up for the negatives created by the mine. In order to foster these innovative mining heritage projects we need to promote "sustainability assessments" - not just "environmental assessments". This will lead to a more mature appreciation of the whole system whereby the economic and social factors, as well as environmental factors, are considered in a holistic manner.

(adapted from https://www.engineersaustralia.org.au/western-australia-division/sustainable-mining-oxymoron-or-way-future. Retrieved on August 10, 2015)

Mark Zuckerberg’s 650 Million Friends (and counting)

    Back in June 2009, the globe’s potpourri of social-networking sites was extremely diverse: Google’s Orkut dominated India and Brazil; Central and South America preferred Hi5; Maktoob was king in the Arab world. The Vietnamese liked Zing, the Czechs loved Lidé, South Koreans surfed Cyworld. Two years after that, and Facebook has stolen users away from its rivals very fast. It’s completely knocked Hi5 off the map in former strongholds such as Peru, Mexico, and Thailand. After a tense back-and-forth with Orkut in India, Facebook has emerged victorious. And it’s becoming more popular in Armenia, Georgia, and the Netherlands, where local providers are making a desperate last stand.
   There are some glaring exceptions to Facebook’s colonization kick. Russians continue to use Vkontakte and Odnoklassniki, with Facebook a distant fourth in the rankings. China remains highly committed to domestic sites such as Qzone and Renren. But for the rest of us, we’re living in Zuckerberg’s world.

(endereço eletrônico omitido propositadamente)