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Navegando por Assunto "Damage"

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    O prejuízo no atraso de empreendimentos residenciais na ótica do comprador: por uma definição do custo de oportunidade na engenharia civil
    (Universidade Federal do Pará, 2019-07-16) FRANÇA, Alexandra Algélia da Silva; NEVES, Renato Martins das; http://lattes.cnpq.br/6538317425557058; DUARTE, André Augusto Azevedo Montenegro; http://lattes.cnpq.br/1135221873341973
    The wish and need of possess a fix dwelling are recurrent on Brazilian families. That require a planning with sacrifices for the family's, the same that should be seriously impacted by the recurring delays on delivery of housing units. The objective is measure monetarily the prejudice or damages adopting opportunity cost to value measure. Two parameters were considered, divided into 3 factors: The first parameter consists of two factors: 1) a physical disease due to the sum of frustrations(psychological disease) named effectiveness cost, 2)The living cost on overtime of property delivery contract to the client wich in theory will have to support two residencies. The second parameter correspond to legal costs that covers the cost of court proceedings and attorney fee cost. Three scenarios were built. : 1°) there is no psychological harm, or will not be considered, there being no cost effectiveness, 2°) damage restricted to one family member and 3 °) psychological damage throughout all the family. In a case study involving a single major construction company, conducted in another well-established research, found that the delay is on average 55.4 months. Being science fragmented in several areas of knowledge, which often do not interact with each other, multidisciplinarity was essential to achieve the proposed objective. It can be concluded that the opportunity cost ranges from R $ 76,371.69 to R $ 383,661.37 in absolute values, ranging from 16.30% to 70.16% of the apartments market value, depending on the scenario.
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    Responsabilidade civil por danos à pessoa decorrentes da aplicação de agrotóxicos na atividade agrária: estudos teórico e jurisprudencial de decisões dos Tribunais de Justiça dos estados brasileiros
    (Universidade Federal do Pará, 2021-08-25) COSTA, Elida de Cássia Mamede da; MATTOS NETO, Antonio José de; http://lattes.cnpq.br/4719479439779242; https://orcid.org/0000-0002-6830-7485
    This thesis assesses the civil liability to pesticides’ users in Brazil for damages to the person that this activity effectively and potentially causes. The main objective is to analyze theoretical aspects and the judicial decision regarding civil liability for the pesticides’ application, whose damages caused directly to the person are increased with the increasingly flexible standardization of pesticides in all its production stages as a Brazilian trend. To elaborate the situation analysis, this work first used theoretical and qualitative research based on a bibliographic survey and legislation related to pesticides and civil liability, while the second step involved quali-quantitative Brazilian Courts judgement’s documentary survey, with the deductive reasoning’s juridical method in both stages. The theoretical reference’s result points to the need for consideration and evaluation civil liability following functions: reparative / compensatory, punitive, preventive and precautionary, as well as this circumstance as a harm’s state and conduct damage, added to the legal or normative causality notion, causality’s presumption and integral risk theory application. In the second stage results in demonstration that in Brazil the tendency is that the Judiciary does not impose civil liability on the pesticides’ users if the evidence for direct and immediate damage and causal link is not present in terms of the causal nexus in generalizing and individualizing causality’s theories. The conclusion is that in Brazil the doctrinal evolution does not follow accompanied by the judicial decision evolution, observed the difficulty to civil liability’s judicial imposition for the pesticides application. This difficulty is coupled with the current legislative tendency to facilitate from registration for manufacture to the product’s use, production, storage, transportation, distribution, commercialization and application of the product – that culminates in the excessive pesticides’ application in crops, which will allow the expansion of agro-environmental damage. Thus, there is a need to reinforce agro-environmental protection through strict legal restrictions and the consequent civil liability recognition amplitude in judgments, to promote the pesticides responsible application.
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