Apelação no código de processo civil: uma análise sob o prisma do princípio da efetividade

The present dissertation, elaborated is based on the deductive method, through the use of the General Theory of Resources concepts, by the main types of judgments existing in the Code of Civil Procedure, the interlocutory judgment and sentence, as well as the features and effects that challenge these decisions, we sought to identify on this theme one of the greatest evils facing the justice system in the world, which is the processing delays. This slowness in adjudication affects seriously the principle of effectiveness, one of the postulates of procedural law and society as a whole. Thus, the use of tort serves to fight the interlocutory decision and appeal which challenges the judge`s ruling. It is a resource for excellence in appellate system as it meets with the most awaited decision of the process. In weighing the importance of the appeal that seeks to oppose the court decision today by the numerous reforms that the procedural system has been through, it has ended up to transform the process ineffective or inconsistent, for it is much easier to have efficacy in a interlocutory decision for preliminary injunction than by judgment on the merits of the judge. This is due to the prevision of the resources and their effect to those decisions. That is, the interlocutory decision involves interlocutory appeal only in the devolved effect, allowing its provisional execution, and the sentence has as recourse to appeal the double effect, remanding and suspension, which necessarily prevents its provisional execution. But it undeniably shows a paradox, because as to give effect to a measure that is based on a mere probability by a summary cognition, partial and superficial, and stop it on a decision by a court that is closer to the truth and sure, for a full and depleting cognition? It is seriously affect the principle of effectiveness. Therefore, starting from this ineffectiveness, sought to defend the solution of this problem with the approval of the bill n. º 3.605/2004 or the new Code of Civil Procedure project that modifies the general rule the effects of appeal. That is, remanding and suspensive, as to merely remanding effect to and thereby enable the provisional execution of the judgment of the court of the first degree of jurisdiction, giving effectiveness and enhancing the decision of the magistrate, making a fair distribution of time in the process and better guaranteed principle of access to justice

O conceito de consciência em o ser e o nada de J.-P. Sartre

This current discourse intends to prove how consciousness or Being-for-itself presents the idea that in its operation one can emphasize that it s Nothingness, transience and liberty in Jean-Paul Sartre s work O Ser e o Nada. To testify the proposed idea, the conception that Sartre gives to consciousness, representing nothingness, without any content that is connected to the possessor objects of a transphenomenal existence will be the starting point. This way, consciousness will be analyzed transcendently to the object that it s not, demonstrating its revealer-revealed condition, because it unveils a concrete world that exists against its idea, functioning as the revealer intentionality that there are beings instead of nothingness, obeying the ontological proof defended by Sartre. From this idea, every kind of consciousness will always be consciousness of something, a glance of the world, avoiding the fact that the consciousness could be considered nothing in the world. In order to live its original negation state of the world, apprehending this same world, with the purpose of a knowledge, it needs to be divided in two: the first degree consciousness or previous-reflexive cogito, that turns the proper reflexion possible, because, it s the consciousness proper transphenomenality of being different of all that connected to its existence being only its consequence; and the cogito, responsible to the positioning of the first degree consciousness, while aware of its own consciousness, that is, while being certain that knows. From this point, the way to untangle the consciousness or Being-for-itself will be developed as being Chasm, Liberty and transience. From this idea, it s intended to know how consciousness, that in Sartre s thoughts is originally nothing, could turn into Liberty that is presented in the field of transience? In other words, how these three internal structures imbricate one another to form consciousness in Sartre? First of all, it has to be considered the review of a conduct of human reality, the inquiry, that will be possible to understand how Nothingness exists as the mold of all kind of negation. After this, it will be shown, considering its way of existence, the human reality that is connected to Para-si, determined like nothingness, still is proposed like Liberty. Form this point, it will be possible to gleam how Liberty is lived deeply by Para-si in the shape of chasm, trying to how Para-si turns into nothingness, creating a chasm based on its proper liberty. Then, Liberty will be the proper mechanism used by Para-si to modificate its original chasm. The way Being-for-itself has to build to gain its goal will be projecting in transience, the building of something possible that brings one being back. However, will be demonstrated like Chasm can occupy the moment of a choice turning the decision instant an anguish stage, based on the failing of stability of the Being-for-itself, once nothingness persists in the field of the possibilities that human beings preserves in its essence while being essentially Liberty. From this idea, anguish will be studied as the proper consciousness of Liberty, being bad-faith the attempt of avoid Liberty trying to gain a shelter contradicting the fact that life is done of continual choices

Abordagens pedagógicas na formação de enfermeiros : compreensão de docentes de enfermagem

In the new world order is notorious changes in social, ethical, economical and political aspects in the society, which reach incisively higher education, requiring a number of modifications and a new vision in nursing education, in order to meet the demands of the Unique Health System. Thus, the Higher Education Institutes (HEI) and teachers are invited to face new challenges and reflect on their practices, using pedagogical approaches and innovative methodologies to meet the requirements of a globalized society. This study has as an objective to analyze the perspective of teachers in what concern the pedagogical approaches used in nursing education and to identify pedagogical approaches utilized by teachers in nursing education. This is a field research of exploratory kind, descriptive, of quantitative approach. The search was conducted at the Department of Nursing of the Federal University of Rio Grande do Norte UFRN, based in the city of Natal. The population consisted of forty-six teachers. From this population was selected a sample of twenty teachers. Data collection occurred from August to September 2011, through the utilization of the technique of interview and questionnaire. The obtained data were analyzed in two moments. In the first moment, was carried out the quantitative analysis that refers to the obtained data through the interview technique, methodological procedures were submitted to the content analysis proposed by Bardin. On the second moment, concerning the quantitative analysis of the questionnaires applied to the teachers and of the identification data, which were digitized and transferred to a spreadsheet electronic of Microsoft Excel XP, tabulated and organized into tables, containing their relative and absolute frequencies. It is worth mentioning that were respected the aspects of the CNS Resolution 196/96. With regard to the characteristics of research participants, 20% were male; with a degree of titration of 55% doctorates; regarding time of service there was a greater representation from 15 to 45 years, with 45%. The results showed that 90% of teachers who participated in the research have an appropriate understanding of non-critical pedagogical approaches, only 10% had an inadequate understanding. However, 70% of teachers, despite having an adequate understanding, reported difficulties when attempting to implement these pedagogies. Most teachers, with representability of 80% consider the non-critical pedagogies relevant in nursing education, as well as critical pedagogies, being represented by 95% of teachers. It was concluded that both critical and non-critical pedagogies are in teachers practice of undergraduate nursing education. It feels like a moment of transition, since the presence of new ways of teaching as a part of this educational context, with educational models that give value to scientific, ethical and personal aspects in the educational process. The research contains limitations, however highlights the contribution of new possibilities for action, reflection on the context of performance, maximizing the pedagogical skills necessary to conduct teaching process, in line with the new educational paradigm of higher education

Reflexões e contribuições para o ensino de gravitação clássica no nível médio

The subject of Classic Gravitation is part of the actual curriculum for High School in Brazil, and it is taught in the first year of that education level. This master thesis presents a research regarding the subject Classic Gravitation in High School. This research was based in two complementary guidelines of research and action. The first guideline was the analysis of 21 didactic books of physics which are the more frequently used in High School, in the city of Natal/RN. The second guideline, worked after being verified the most common deficiencies presents in the didactic books, was the elaboration, followed by a practical application, of a course suggesting how to approach that subject in the classroom. The Parâmetros Curriculares Nacionais para o Ensino Médio (National Curricular Parameters for High School PCNEM) defend that Classic Gravitation is very important in the student s formation and that its study helps the comprehension of many nature s phenomena. Because of this vision of that subject by the PCNEM, the 21 analyzed books were separated in two groups: the first one, containing 10 books, was edited before the spreading of PCNEM, and the second, with 11 books, after that spreading. Whatever the group to which the didactic books belonged, the great majority of them let that subject in a second plan; two of them even suggesting, in the teacher s orientations, that the subject Gravitation can be suppressed in case of insufficient time . These analyses points that the PCNEM had produced no changes in the conception of the authors that wrote books regarding that subject. To analyze the didactic books, we elaborated a script which was used as an analysis tool, in which we put in evidence the relative importance of the historic and philosophic contextualization of the subject, the quotidian experience of the students and the interdisciplinary approach, among other aspects. It became evident that the didactic books give very little emphasis to historic aspects of the knowledge construction, to the relations with the day-by-day questions and to the interdisciplinary character of the subject Gravitation. It calls attention the non concordance among the authors opinions regarding the necessary previous knowledge or prerequisites the students should fulfill in order to begin to study Gravitation. The course we elaborated was given to a group of teachers as well as to students. In those courses we treated theoretical and practical aspects and emphasized historical questions and the ones which are related to people s daily life. The course for teachers was realized as an extra-mural activity of the UFRN and was given by the author of this thesis at the Escola Estadual Francisco Ivo Cavalcanti (a state public school in Natal/RN). There were 23 teachers present, from several public schools and several fields of knowledge. The thesis supervisor and the master degree s colleagues of the author acted as collaborators , reporting the participants opinions and speeches. The course to the students, on the other hand, had the participation of 300 regular students who belonged to 6 different 1st year classes of the High School Escola Marista de Natal (RN), in which the author acts as a physics teacher. The student s course was realized as part of the regular curriculum activities, in which three classes stood under the responsibility of the author and other three classes in charge of another Marista s teacher, who participated as a collaborator . The teacher s course as well as the students one were given in two stages, with five hours each. The first stage was divided in two moments, the first one focused on the survey of the spontaneous conceptions about gravitation, in which we worked basically with experiments of free throwing and pendulum, and the second one focused in theoretical presentations and quarrels about universe s models. In the second stage of the course we improved the study of Kepler s laws and the Newton s Universal Gravitation law, and we used as motivating tools some practices involving the construction of the solar system in scale. As instruments for evaluating both courses we used questionnaires and reported the speeches with participants opinions, beyond usual written evaluations in the course for the students. The teachers who participated in the course showed very good wills in realizing interdisciplinary practices; nevertheless, according their own speeches, they frequently came across the difficulty of how to do . From the experience we had in both courses, we conclude that the approach we propose hear to the teaching of the subject Classic Gravitation , supported on the tripod theory, practice and historical and philosophical aspects, is viable and effective. One hopes that this research may contribute in the formation of a opinion, among the teachers, concerning how to approach the subject of Classic Gravitation, and may offer suggestions in order those who want to apply that approach may develop classroom practices aiming to improve the teaching of that subject, which has a singular importance in the formation of High School students

Nursing Activities Score: avaliação da carga de trabalho de enfermagem em unidade de terapia intensiva adulto

The sizing of nursing human resources is an essential management tool to meet the needs of the patients and the institution. Regarding to the Intensive Care Unit, where the most critical patients are treated and the most advanced life-support equipments are used, requiring a high number of skilled workers, the use of specific indicators to measure the workload of the team becomes necessary. The Nursing Activities Score is a validated instrument for measuring nursing workload in the Intensive Care Unit that has demonstrated effectiveness. It is a cross-sectional study with the primary objective of assessing the workload of nursing staff in an adult Intensive Care Unit through the application of the Nursing Activities Score. The study was conducted in a private hospital specialized in the treatment of patients with cancer, which is located in the city of Natal (Rio Grande do Norte – Brazil). The study was approved by the Research Ethics Committee of the hospital (Protocol number 558.799; CAAE 24966013.7.0000.5293). For data collection, a form of sociodemographic characteristics of the patients was used; the Nursing Activities Score was used to identify the workload of nursing staff; and the instrument of Perroca, which classifies patients and provides data related to the their need for nursing care, was also used. The collected data were analyzed using a statistical package. The categorical variables were described by absolute and relative frequency, while the number by median and interquartile range. Considering the inferential approach, the Spearman test, the Wald chi-square, Kruskal Wallis and Mann-Whitney test were used. The statistically significant variables were those with p values <0.05. The evaluation of the overall averages of NAS, considering the first 15 days of hospitalization, was performed by the analysis of Generalized Estimating Equations (GEE), with adjust for the variable length of hospitalization. The sample consisted of 40 patients, in the period of June to August 2014. The results showed a mean age of 62,1 years (±23,4) with a female predominance (57,5%). The most frequent type of treatment was clinical (60,0%), observing an average stay of 6,9 days (±6,5). Considering the origin, most patients (35%) came from the Surgical Center. There was a mortality rate of 27,5%. 277 measures of NAS score and Perroca were performed, and the averages of 69,8% (±24,1) and 22,7% (±4.2) were obtained, respectively. There was an association between clinical outcome and value of the Nursing Activities Score in 24 hours (p <0.001), and between the degree of dependency of patients and nursing workload (rp 0,653, p<0,001). The achieved workload of the nursing staff, in the analyzed period, was presented high, showing that hospitalized patients required a high demand for care. These findings create subsidies for sizing of staff and allocation of human resources in the sector, in order to achieve greater safety and patient satisfaction as a result of intensive care, as well as an environment conducive to quality of life for the professionals