ACESSO À JUSTIÇA: DELINEAMENTOS GERAIS E ANÁLISE NO PROJETO DE NOVO CÓDIGO PROCESSUAL CIVIL.

Background Q-CEP (Qualificação dos Comitês de Ética em Pesquisa que compõem o Sistema CEP/Conep) is a nationwide project resulting from a partnership between the Brazilian National Research Ethics Commission (Conep), the Ministry of Health and Hospital Moinhos de Vento (HMV). It was developed to consolidate policy for ethical review of research with human beings in all members of the CEP/Conep System, Brazil’s national system of institutional review boards. The aim of this study was therefore to report on the experience and (...) results of the Q-CEP project. Methods An observational, retrospective study includes data from the Q-CEP, obtained from visits to all the institutional research ethics committees (RECs) in the country. The actions implemented by Q-CEP were part of a two-step process: (i) training visits to each REC; (ii) development of distance learning modules on strategic topics pertaining to research ethics evaluation. The data presented herein cover step one (training visits), defined by Q-CEP as the diagnostic stage of the project. For a country with social and economics inequalities such as Brazil, this is a particularly important stage; an accurate picture of reality is needed to inform planning of quality improvement strategies. Results In 2019–2021, Q-CEP visited 832 RECs and trained 11,197 people. This sample covered almost all active RECs in the country; only 4 (0.5%) were not evaluated. Of the 94 items evaluated, 62% did not reach the target of at least 80% compliance and around 1/4 (26%) were below 50% compliance. The diagnostic stage of the process revealed inadequacies on the part of the RECs in their ethical reviews. The analysis of informed consent forms showed compliance in only 131 RECs (15.74%). The description of pending issues made by RECs in their reports was compliant in 19.33% (n = 161). Administrative and operational aspects were also considered inadequate by more than half of the RECs. Conclusions Overall, Brazilian RECs showed poor compliance in several aspects of their operation, both in ethics evaluation and in other processes, which justifies additional training. The Q-CEP project is part of a quality improvement policy promoted by the Brazilian Ministry of Health. The data obtained in the diagnostic step of the project have contributed to the qualification and consolidation of one of the world’s largest research ethics evaluation systems. (shrink)

Female sex steroids can affect the motor system, modulating motor cortex excitability as well as performance in dexterity and coordination tasks. However, it has not yet been explored whether FSS affects the cognitive components of motor behavior. Mu is a sensorimotor rhythm observed by electroencephalography in alpha and beta frequency bands in practices such as motor imagery and action observation. This rhythm represents a window for studying the activity of neural circuits involved in motor cognition. Herein we investigated whether the (...) alpha-mu and beta-mu power in the sensorimotor region and the alpha and beta power over frontal, parietal, and occipital regions are modulated differently in the menstrual, follicular, and luteal phases of menstrual cycles in right-handed dominant women. To do so, these women underwent MI and AO in the three menstrual cycle phases. The spectral activity of the cortical regions for the alpha and beta bands were compared between phases of the menstrual cycle and a correlation analysis was also performed in relation to estrogen and progesterone levels. For the hypothesis-based approach, beta-mu event-related desynchronization was significantly stronger in the C3 channel in the follicular phase than in the menstrual and luteal phases. For the data-driven approach, beta ERD during MI was higher in the follicular phase than in the menstrual and luteal phases in the frontal region. These findings suggest the effect of FSS on executive movement control. No effect of menstrual cycle phases was observed in cortical areas investigated during OA, but alpha and beta bands correlated positively with the follicular phase plasma estradiol level. Thus, the attenuation of alpha and beta bands referring to mirror neuron activities appears to be associated with inhibition of cortical activity when estradiol levels are lower, improving cognitive processing of motor action. (shrink)

Este artigo propõe analisar as relações entre o pentecostalismo e o protestantismo “histórico” nos últimos 100 anos. Desde o ano 2010 comemora-se o centenário da chegada do pentecostalismo no Brasil por meio das pregações do ítalo-americano Luis Francescon e dos suecos Daniel Berg e Gunner Vingren. Até os anos 1950, a Congregação Cristã no Brasil e a Assembléia de Deus, resultantes do trabalho dos três, eram os dois maiores exemplos de igrejas pentecostais consolidadas no Brasil. Uma nova explosão pentecostal (...) ocorrida nos anos 1950 voltou a desestabilizar as relações entre protestantes e pentecostais. As igrejas surgidas desde então faziam da cura divina, dos milagres e prodígios o centro de suas atividades. Mas, no decorrer do século passado houve um crescente acirramento da competição, conflitos, sincretismo e acomodação. Isso se tornou mais forte após os anos 1970, quando um pentecostalismo com maior capacidade competitiva passou a levar vantagem. Esses neopentecostais cresceram em números, porém, ao ampliar os seus respectivos universos simbólicos, incorporaram símbolos, crenças e se tornaram portadores de teologias e discursos, híbridos e sincréticos. Que futuro tais acertos e desacertos poderão trazer para o campo religioso do País? Palavras chaves : Pentecostalismo brasileiro; Protestantismo Histórico; Acomodação Cultural; Conflito Religioso.This article proposes an analysis between Pentecostalism and “historical” Protestantism in the last century. Since 2010 there have been celebrations of the 100 th anniversary of the establishment of Pentecostalism in Brazil, featuring renowned preachers such as the Italian-American Luis Francescon and Swedish Daniel Berg and Gunnar Vingren. Until the 1950s, the Christian Congregation in Brazil and Assembly of God, which resulted from the work of these three preachers, were the two major Pentecostal churches in Brazil. A new Pentecostal outbreak in the 1950s shook up the relations between Protestants and Pentecostal once again. Until then, Pentecostal churches centered their activities on divine healing and miracles. But in the last century, there was a process of intensification of the competition, conflicts, syncretism and complacency within the religious scenario, which accelerated after the 1970s, when a more competitive Pentecostalism started to advance. These neo-Pentecostals grew in numbers, and while expanding their symbolic universes, they incorporated symbols and beliefs, becoming the bearers of a hybrid and syncretic theology and rhetoric. What future can these successes and failures bring to Brazil’s religious field? Key words : Brazilian Pentecostalism; Historical Protestantism; Cultural Complacency; Religious Conflict. (shrink)

O presente trabalho busca analisar a hermenêutica no Caso do Ex-Deputado Daniel da Silveira, do inquérito n° 4.781 até a sentença da Ação Penal n° 1.044, porém que a Ação Penal n° 937 também foi convocada para o cotejo, abordando decisões e fundamentos durante o trâmite, bem como jurisprudências pretéritas comparadas com as concebidas no caso do parlamentar aqui abordado. A problemática em questão, ademais, é se a referida hermenêutica está de acordo com os métodos próprios desta ciência (...) e quais métodos foram utilizados, bem como as escolásticas e fontes do direito que se podem atribuir, pois que o evento foi duramente criticado, devendo ser analisada tal questão sob óculos técnicos quanto a interpretação da Corte Maior e pelo que pese uma reflexão substancial sobre o porte do Supremo Tribunal Federal no caso acima trazido, em pronta hipótese têm-se que a hermenêutica utilizada foi demasiadamente extensiva e tendendo mais ao método Cientifico-Espiritual em certos momentos, porém em outros mais afeito a Tópica-Problemática, foi utilizada, nesta pesquisa, método bibliográfico e qualitativo. (shrink)

Partindo do tratamento da questão sobre a função social do filósofo, constroem-se os aportes teóricos para direcionar alguns apontamentos para uma temática semelhante: a função social do professor de filosofia. Serão propostas quatro funções sociais para o filósofo como aportes para a discussão a respeito do papel social do professor de filosofia. É para chegar a esses aportes que a investigação é dividida em dois momentos. No primeiro a função social do filósofo é discutida com amparo das reflexões de Franklin (...) Leopoldo e Silva. Serão extraídas quatro funções sociais do filósofo. No segundo momento é discutida a relação entre filosofia e educação. As quatro funções sociais do filósofo serão aplicadas no contexto da atividade do professor de filosofia. O artigo se encerra com as Considerações Finais. (shrink)

This is a reply by the author to the contributors to a symposium on the book, The Range of Reasons (Oxford University Press, 2021).

Kunst schaffen -- Kunst rahmen -- Birgit Spalts reflektierende Urteilskraft -- Kunst einordnen -- Kunst: immanent.

A psychedelic renaissance is currently taking place in mental healthcare. The number of psychedelic-assisted therapy trials is growing steadily, and some countries already grant psychiatrists special permission to use psychedelics in non-research contexts under certain conditions. These clinical advances must be accompanied by ethical inquiry. One pressing ethical question involves whether patients can even give informed consent to psychedelic-assisted therapy: the treatment’s transformative nature seems to block its assessment, suggesting that patients are unable to understand what undergoing psychedelic-assisted therapy actually (...) means for them and whether it aligns with their values. The present paper argues that patients often have sufficient knowledge to give informed consent because they know that they want to change their negative status quo and that psychedelic-assisted therapy offers an effective way to do so. Accordingly, patients can understand what the transformative nature of psychedelic-assisted therapy means for them and a make a value-aligned choice even if they are unable to anticipate the manifestation of a psychedelic experience. (shrink)

We point out some concepts that appear rather frequently in physics discussions, which, despite a seemingly innocent initial appearance, turn out to have important implicit implications that put into question the very assumption of their meaningfulness. The message of this essay is that, in order to avoid the ensuing confusions, their usage should be accompanied with clarifications that make them meaningful, and then to confront the often uncomfortable underlying assumptions required to do so. In particular, we will visit the notions (...) of novel physics occurring at a certain energy scale, or at certain distance from a black hole’s event horizon, and the various meanings of the word “fluctuations”. (shrink)

This study takes as its starting point CousinCousin, Victor’s HegelianHegelianism-sounding claim in his 1828 lectures that the history of philosophy is identical to philosophy itself—and it does so in order to interrogate the various resemblances and divergences between CousinCousin, Victor and Hegel when it comes to determining the relationship between philosophy and the history of philosophy. In particular, the study investigates the difference between the “official” position CousinCousin, Victor takes up in 1833 in which spiritualistSpiritualism philosophy grounds eclectic history of (...) philosophy and his earlier more experimental and provisional positions, which map roughly onto Hegel’s own various ways of articulating the philosophy-history of philosophy relationship. (shrink)

Příspěvek si klade dvojí cíl. V prvé řadě je jeho záměrem vyzdvihnout přínos monografie O revoluci pro celek myšlení Hannah Arendtové. Především pak nabízí interpretaci klíčového oddílu knihy, v němž spočívá vlastní jádro arendtovského návrhu „nové politické vědy“. Ústředním pro politický řád se ukazuje být rozdíl mezi pramenem moci a pramenem autority, která politickému řádu propůjčuje stabilitu. Příspěvek dokládá, že Arendtová v zakladatelském aktu politického společenství spatřuje dva „bludné kruhy“ – bludný kruh legitimity moci a bludný kruh legitimity zákonů. Zatímco (...) s prvním bludným kruhem si zdařilá americká revoluce věděla rady, druhý bludný kruh, který odkazuje k potřebě autority sankcionující pozitivní zákonodárství, ji uvedl do teoretických obtíží. Stať ukazuje, že Arendtová sama důsledně trvá na možnosti nalézt pramen autority výhradně v prostoru politického jednání. (shrink)

According to an influential recent view, S is propositionally justified in believing p iff S is in no position to know that S is in no position to know p. I argue that this view faces compelling counterexamples.

Traditionally, theories of concepts in psychology assume that concepts are a single, uniform kind of mental representation. But no single kind of representation can explain all of the empirical data for which concepts are responsible. I argue that the assumption that concepts are uniformly the same kind of mental structure is responsible for these theories’ shortcomings, and outline a pluralist theory of concepts that rejects this assumption. On pluralism, concepts should be thought of as being constituted by multiple representational kinds, (...) with the particular kind of concept used on an occasion being determined by the context. I argue that endorsing pluralism does not lead to eliminativism about concepts as an object of scientific interest. (shrink)

We often consciously will our own actions. This experience is so profound that it tempts us to believe that our actions are caused by consciousness. It could also be a trick, however – the mind’s way of estimating its own apparent authorship by drawing causal inferences about relationships between thoughts and actions. Cognitive, social, and neuropsychological studies of apparent mental causation suggest that experiences of conscious will frequently depart from actual causal processes and so might not reflect direct perceptions of (...) conscious thought causing action. (shrink)

Drawing on theories of William James, Freud, and Dewey, as well as on studies in mood control, cognitive therapy, and artificial intelligence, this...

A large body of research in political science claims that the way in which democratic citizens think about politics is motivationally biased by partisanship. Numerous critics argue that the evidence for this claim is better explained by theories in which party allegiances influence political cognition without motivating citizens to embrace biased beliefs. This article has three aims. First, I clarify this criticism, explain why common responses to it are unsuccessful, and argue that to make progress on this debate we need (...) a more developed theory of the connections between group attachments and motivated reasoning. Second, I develop such a theory. Drawing on research on coalitional psychology and the social functions of beliefs, I argue that partisanship unconsciously biases cognition by generating motivations to advocate for party interests, which transform individuals into partisan press secretaries. Finally, I argue that this theory offers a superior explanation of a wide range of relevant findings than purely non-motivational theories of political cognition. (shrink)

In this classic work by one of America's most distinguished historians, Daniel Boorstin enters into Thomas Jefferson's world of ideas.

Aquinas holds that by its nature the human will has happiness as its ultimate end in every choice, and yet he holds that one can and ought to love God more than oneself or one’s own happiness. This generates the so-called “problem of love”: how can an eudaimonist like Aquinas account for non-selfish love? I argue that Aquinas’s doctrine of goodness as the will’s object and his distinction between the love of desire and the love of friendship solve this problem (...) and indicate that Aquinas’s eudaimonism is only “subordinated eudaimonism.” By its nature the will has happiness—total inhering goodness—as its ultimate object secundum quid, and God—total subsisting goodness—as ultimate object simpliciter. Nevertheless, Aquinas argues on philosophical grounds and with the support of Aristotle’s Liber de Bona Fortuna that God Himself would have to move the will if one were to love God above oneself even in the order of nature. (shrink)

Two striking claims are advanced on behalf of the free energy principle in cognitive science and philosophy: that it identifies a condition of the possibility of existence for self-organising systems; and that it has important implications for our understanding of how the brain works, defining a set of process theories—roughly, theories of the structure and functions of neural mechanisms—consistent with the free energy minimising imperative that it derives as a necessary feature of all self-organising systems. I argue that the conjunction (...) of claims and rests on a fallacy of equivocation. The FEP can be interpreted in two ways: as a claim about how it is possible to redescribe the existence of self-organising systems, and as a claim about how such systems maintain their existence. Although the Descriptive FEP plausibly does identify a condition of the possibility of existence for self-organising systems, it has no important implications for our understanding of how the brain works. Although the Explanatory FEP would have such implications if it were true, it does not identify a condition of the possibility of existence for self-organising systems. I consider various ways of responding to this conclusion, and I explore its implications for the role and importance of the FEP in cognitive science and philosophy. (shrink)

Neil Levy argues that the importance of acquiring cultural knowledge in our evolutionary past selected for conformist and deferential social learning, and that contemporary bad beliefs – roughly, popular beliefs at odds with expert consensus – result primarily from the rational deployment of such conformity and deference in epistemically polluted modern environments. I raise several objections to this perspective. First, against the cultural evolutionary theory from which Levy draws, I argue that humans evolved to be highly sophisticated and vigilant social (...) learners. Given this, the ubiquity of bad beliefs in the modern world is puzzling: if humans are so smart and suspicious, why do these characteristics seem so rare in domains such as politics? I argue that the answer rests on the incentives that underlie bad beliefs, and I favorably contrast this explanation with Levy’s appeal to epistemic pollution. (shrink)

I ask you to X. You now have a reason to X. My request gave you a reason. How? One unpopular theory is the epistemic account, according to which requests do not create any new reasons but instead simply reveal information. For instance, my request that you X reveals that I desire that you X, and my desire gives you a reason to X. Peter Schaber has recently attacked both the epistemic account and other theories of the reason-giving force of (...) requests. Schaber defends a new theory of the reason-giving force of requests according to which request give reasons because it is valuable for requesters and requestees that requests have this power. In this paper I argue that Schaber's attack on the epistemic account fails, and that his own theory ought to be rejected because it faces compelling objections. (shrink)

This chapter presents an account of the life and work of Francis Hutcheson. It charts his career from its beginnings in Dublin to the attempt to cement his place in British intellectual life that was his posthumously published A System of Moral Philosophy. Hutcheson’s ideas were not universally welcomed and acclaimed. Religious conservatives constantly challenged him even after he was elected to the Glasgow chair of moral philosophy. The chapter describes the rationalist critique of Hutcheson’s moral sense theory, the criticism (...) levelled at his conception of natural benevolence by those who remained attached to philosophical egoism, and the complaints of those who, under the influence often of Joseph Butler, believed that Hutcheson’s ethics needed to be supplemented by a more substantial account of moral obligation. (shrink)

Defenders of the extended mind thesis say that it is possible that some of our mental states may be constituted, in part, by states of the extra-bodily environment. Often they also add that such extended mentation is a commonplace phenomenon. I argue that extended mentation, while not impossible, is either nonexistent or far from widespread. Genuine beliefs as they occur in normal biologically embodied systems are informationally integrated with each other, and sensitive to changes in the person.

According to L. A. Paul (2014), transformative experiences pose a challenge for decision theory, as their subjective value is not epistemically accessible. However, several authors propose that the subjective values of options are often irrelevant to their ranking; in many cases, all we need for rational transformative decision-making are the known non-subjective values. This stance is in conflict with Paul’s argument that the subjective value can always swamp the non-subjective value. The approach presented in this paper takes Paul’s argument into (...) account and shows how potential swamping can be controlled given that one desires the transformative outcome: If one knows from previous decisions that desired transformative outcomes are associated with positive subjective value and if, in addition, testimony confirms this association for the current decision situation, one can infer that a desired outcome’s expected subjective value has a positive valence. Accordingly, one can rationally choose the desired transformative option if its non-subjective value is no lower than the overall value of any other option. (shrink)

Certain of our concepts are innate, but many others are learned. Despite the plausibility of this claim, some have argued that the very idea of concept learning is incoherent. I present a conception of learning that sidesteps the arguments against the possibility of concept learning, and sketch several mechanisms that result in the generation of new primitive concepts. Given the rational considerations that motivate their deployment, I argue that these deserve to be called learning mechanisms. I conclude by replying to (...) the objections that these mechanisms cannot produce genuinely new content and cannot be part of genuinely cognitive explanations. (shrink)

Conceptual atomists argue that most of our concepts are primitive. I take up three arguments that have been thought to support atomism and show that they are inconclusive. The evidence that allegedly backs atomism is equally compatible with a localist position on which concepts are structured representations with complex semantic content. I lay out such a localist position and argue that the appropriate position for a non-atomist to adopt is a pluralist view of conceptual structure. I show several ways in (...) which conceptual pluralism provides an advantage in satisfying the empirical and philosophical demands on a theory of conceptual structure and content. (shrink)

Knowing Better presents a novel solution to the problem of reconciling the seemingly conflicting perspectives of ordinary virtue and normative ethics. Normative ethics is a sophisticated, open-ended philosophical enterprise that attempts to articulate and defend highly general ethical principles. Such principles aspire to specify our reasons, and tell us what it is right to do. However, it is not plausible to suppose that virtuous people in general follow such philosophical principles. These principles are difficult to articulate and assess, and we (...) do not think that advanced philosophical expertise is a necessary requirement for virtue. At the same time, the virtuous do not only accidentally get things right; rather, they act well in a reliable fashion, and they do so by responding appropriately to genuine reasons. Daniel Star argues that the solution to this problem requires a new approach to understanding the relation between ethical theory and ordinary deliberation, a new way of thinking about the nature of practical authority and normative reasons, a new account of the nature of virtue, and a rethinking of how best to understand the role that knowledge plays in deliberation and action. (shrink)

In naturalistic settings, great apes exhibit impressive social intelligence. Despite this, experimental findings are equivocal about the extent to which they are aware of other minds. At the high level, there is only negative evidence that chimpanzees and orangutans understand the concept of belief, even when simplified non-verbal versions of the ‘location change’ false belief test are used (Call & Tomasello, 1999). More remarkably, even the evidence that they are aware of simpler mental states – such as seeing – is (...) equivocal and ‘decidedly mixed’ (Call & Tomasello 2005, p. 61). At best, there appear to be signature limits to simian capacities in this regard. In addition, there exists a range of proposals about what lies behind their particular form of social intelligence. Within the cognitivist camp, these range from positing a Naïve, Weak, or Minimal Theory of Mind (Bogdan 2009, Tomasello, Call and Hare 2003, Apperly and Butterfill 2009); Perceptual Mindreading (Bermúdez 2009); an Early Mindreading System (Nichols and Stich 2003); or a Theory of Behaviour (Povinelli and Vonk 2004). -/- In line with this experimental evidence, this contribution motivates a different explanatory possibility. It defends the view that the basic ways that apes and humans (both children and adults) engage with other minds is emotionally charged, enactive and non-representational. If true, this would be important for thinking about the moral status of animals capable of such mind minding. This is not only because it would identify an important cross species commonality, but also especially because it would promote the importance of non-cognitive aspects of such engagements. For example, it is at odds with the idea that having a ‘theory of mind’ is required for being phenomenally conscious (Carruthers 2000, 2005). (shrink)

What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that she ought (...) to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it. (shrink)

This paper brings out an inconsistency between David Chalmers's dualism, which is the main element of his philosophy of mind, and his structuralism, which is the main element of his epistemology. The point is ad hominem , but the inconsistency if it can be established is of considerable independent interest. For the best response to the inconsistency, I argue, is to adopt what Chalmers calls ‘type‐C Materialism’, a version of materialism that has been much discussed in recent times because of (...) its promise to move us beyond the stand‐off between standard versions of materialism and dualism. In turn, if that version of materialism is true, both dualism and structuralism should be rejected. (shrink)

Psychedelics are experiencing a renaissance in mental healthcare. In recent years, more and more early phase trials on psychedelic-assisted therapy have been conducted, with promising results overall. However, ethical analyses of this rediscovered form of treatment remain rare. The present paper contributes to the ethical inquiry of psychedelic-assisted therapy by analysing the ethical implications of its therapeutic mechanisms proposed by the relaxed beliefs under psychedelics (REBUS) hypothesis. In short, the REBUS hypothesis states that psychedelics make rigid beliefs revisable by increasing (...) the influence of bottom-up input. Put differently, patients become highly suggestible and sensitive to context during a psychedelic session, amplifying therapeutic influence and effects. Due to that, patients are more vulnerable in psychedelic-assisted therapy than in other therapeutic interventions; they lose control during a psychedelic session and become dependent on the therapeutic setting (including the therapist). This enhanced vulnerability is ethically relevant and has been exploited by some therapists in the past. Therefore, patients in current research settings and starting mainstream medical settings need to be well informed about psychedelics’ mechanisms and their implications to give valid informed consent to treatment. Furthermore, other security measures are warranted to protect patients from the vulnerability coming with psychedelic-assisted therapy. (shrink)

Chapter One WHAT IS RELIGION?. Edgar S. Brightman 7. Alfred North Whitehead X. William Ernest Hocking 8. Albert Einstein 5. William James 9. ...