Paradigma constitucional brasileiro da livre concorrência e da defesa do consumidor face às estruturas de poder no mercado

The Federal Constitution of 1988, when taking care of the economical order, denotes special concern in the abuses of the economical power and the disloyal competition. The mark to mediate of all this is, in fact, the defense and the consumer's protection, once this is final addressee of whatever if it puts at the consumption market. The coming of the Law 8.078/90, Code of Protection and Defense of the Consumer, inaugurates a time of effective concern with the homogeneous individual interests originating from of the consumption relationships. In this point, the focus of main to face of the present work lives, in other words, the protection of the right to the individual property, especially manifests in the exercise of the trade freedom that keeps direct relationship with the respective social function the one that is destined. The code of the consumer's defense doesn't just take care of this, but also of the other star of the relationships of the consumption. When affirming in the interruption VI of the art. 4th that the national politics of those relationships, finds ballast in the prohibition and repression efficient of all of the abuses committed in the consumption relationships, keeping inherent relationship-causality in the economical order, sculpted for the article 170 in the Constitution of 1988. In the generic plan, the mark of the present work is to question concerning the limits of the trade freedom and previsible collisions with protection norms and the consumer's defense, as well as factual convergences of those small systems, especially in what he/she refers to the innate interests to the suppliers. In the specific plan, we aspirated to identify the protection device-commands to the actors of the trade relationship, capable to guarantee the free competition in a global economy of market, seeking especially the Well-being, for soon afterwards, in an analytical perspective, to discover the possible applications that it holds the Federal Constitution, in headquarters of economical freedoms. It was observed that the consumer today doesn't need only of laws that their needs, fruit of the vulnerability that it is him/her meditate innate. He/she lacks, yes, of effective mechanisms that prevent lesions that can be them impinged by the suppliers at the time in that you/they are useful to repair the damages when happened, punishing the author of the damage

O processo de acumulação na economia política clássica: uma interpretação não convencional a partir da leitura dos ricos detalhes comumente inexplorados

LOURENÇO, André Luís Cabral de ; Macedo, Luziene Dantas de ; SILVA,Marconi Gomes da ; BEZERRA, Márcia Maria de Oliveira ; PEREIRA, W. E. N. . O processo de acumulação na economia política clássica: uma interpretação não-convencional a partir da leitura dos ricos detalhes comumente inexplorados. In: Encontro Nacional de Economia Política, 14., 2009, São Paulo. Anais... São Paulo, 2009.

A formação e o desenvolvimento de arranjos cooperativos sob a ótica da imersão social e da economia dos custos de transação: um estrudo de caso na Coopercam e na Unipesca

The current study analyzes the birth and development of two strategic alliances established between shrimp producers in Rio Grande do Norte: the Unipesca and the Coopercam. To achieve this aim, two approaches which, at first sight, could be considered contradictory were used: the Transactional Costs Economy and Embeddedness. The first approach is fundamentally based in the studies of Williamson (1985; 1991; 1996; 1999; 2000; 2002). Embededness, on the other hand, went through the review of a series of authors, such as Burt (1992), Granovetter (1973; 1985), Uzzi (1997), Gulati (1994; 1995; 1997; 1998; 1999; 2000), Nielsen (2005), Ring (2002), Ring and Van de Ven (1994), Zafirovski (2002), among others. To analyze the birth and development of the cooperatives in this study, Gulati s work (1998) was used. This study shows the steps to be studied for a better comprehension of an alliance: the decision of starting an alliance and the choice of the partners, the decision about the governance structure, the evolution of the alliance and the development of the companies which established this partnership. To carry this study out, a study case accordingly to Yin s proposal (2001) was adopted. Semi-structured interviews with pre-defined plots were conducted in two phases: in the beginning of 2006 and in the beginning of 2007. The subjects from the research were, in 2006, representative members of the main associations and corporations, besides the shrimp producers from the state, when the context of the activity was set. In the second phase, in 2007, representative members from the two cooperatives that were listed above were interviewed the president from Coopercam and the marketing manager from Unipesca. Besides these two members, directors from two important organizations in each of these cooperatives were also interviewed, giving out the necessary information for the research. Secondary data was also collected from the Brazilian Association of Crab producers website, as well as from news from important newspapers in RN, such as Tribuna do Norte. The primary data was analyzed in terms of quality, accordingly to the documental analysis technique. Thus, through the data that was collected, it can be concluded that the reasons that motivated the companies to cooperate can be explained in terms of the transactional costs economy. However, the choice of partners is more connected to aspects approached by the social embededness. When aspects related to development and evolution were analyzed, it could be seen that both aspects from TCE and Embededness were vital to explain the development of the cooperatives mentioned

Influência dos intermediários de distribuição de produtos turísticos no processo de decisão do meio de hospedagem pelo consumidor

This study examines the complex hotel buyer decision process in front of the tourism distribution channels. Its objective is to describe the influence level of the tourism marketing intermediaries, mainly the travel agents and tour operators, over the hotel decision process by the buyer-tourist. The data collection process was done trough a survey with three hundred brazilian tourists hosted in nineteen hotels of Natal, capital of Rio Grande do Norte, Brazil. The data analysis was done using some multivariate statistic techniques as correlation analysis, multiple regression analysis, factor analysis and multiple discriminant analysis. The research characterizes the hotel services consumers profile and his trip, and identifying the distribution channels used by them. Furthermore, the research verifies the intermediaries influence exercised over hotel buyer decision process, looking for identify causality relations between the influence level and the buyer profile. Verifies that information about hotels available on internet reduces the probability that this influence can be practiced; however it was possible identifying those consumers considers this information complementary and non-substitutes than the information from intermediaries. The characteristics of the data do not allow indentifying the factors that constraint the intermediaries influence neither identifying discriminant functions of the specific distribution channel choice by consumers. The study concludes that consumers don t agree in have been influenced by intermediaries or don t know if they have, still considering important to consult them and internet doesn t substitute their function as information source

Caracterização da economia solidária à luz do ambiente isonômico de guerreiro ramos: um estudo no grupo mulheres decididas a vencer

The Solidary Economy is an area that has shown unusual traits to what is preached in the traditional economic organizations, even organizations that have very similar principles, as some cooperatives. This trait is approaching the concept of isonomy proposed by Ramos (1989). Given this context, and the notion that the isonomy is like a ideal type, the objective this work was to evidence particulars of isonomic environment the in economic and solidarity experiences, taking as an empirical research area the Grupo de Mulheres Decididas a Vencer, considered a solidary economic enterprise. For this, we used the descriptive-exploratory research of qualitative nature, where the object of such research is the know enterprise, therefore, also characterized as a case study, which were taken as research subjects six associates, they being the most active in the enterprise. From the five categories that characterize isonomy - minimum standards prescribing, self-gratifying activity, activities undertaken as a vocation, wide system of making decision and primaries interpersonal relations - and from the traits of a solidary economic enterprise the data analysis was built, through content analysis, specifically the categorial analysis. Given this context and reality in which it is Grupo de Mulheres Decididas a Vencer, with minimal rules and procedures for conducting activities, comparing them to a therapy, women choosing to insert in that environment, faced with a democratic space and unfettered bureaucracy in professional interpersonal relationships, in others words, an organizational space where they were shown signs of substantive rationality was possible to conclude that the Group will share experiences and characteristics of isonomy. This disclosure meets the multidimensional social that presupposes Paraecomomic Paradigm, enabling man to enter in different social environments of the economy in order to search for self-actualization

Comportamento do consumidor: um estudo do mercado imobiliário em condomínios verticais fechados na região metropolitana de Natal

The research in question looked for to establish the relation between the motivation (of the proprietor of apartment) to change itself of another one apartment, in closed vertical condominium (residential mobility) in the period of the recognition of the necessity, and the satisfaction with the apartment after consume. The universe or the population chosen for the development of the study was of proprietors of apartment in vertical condominiums located in the region metropolitan of Natal. The analysis of data was made using the techniques of linear regression and logistic regression between variables. The linear regression found relations between the motivations for housing change and the satisfaction in after consume with some attributes of the apartment. The logistic regression showed that relations between the motivations for change and the general satisfaction to the apartment exist as a whole, in the period after consumes. With regard to the motivation to change itself of a apartment for another one, some reasons shown more motivation them the others. The research found different degrees of satisfaction with certain characteristics of the apartment and degrees of no satisfaction with others. Finally the results of the research had contributed for the reply of the problem that guided the present study, therefore had obtained in such a way to find how much logistic not linear relations between the two periods purchase (recognition of the necessity and evaluation after consume) and had elucidated the process that goes since the choice the product until the satisfaction of the necessities

Economia solidária e relações de gênero na agricultura familiar: o caso do grupo produtivo mulheres decididas a vencer

The Women s experiences in the private sphere under the work s field changes the family relationship allowing them more freedom, autonomy and independence. The inequalities, socially built, homemade women s obligations results in discrimination, difficult to insert and recovery on female s job in a job s market, including low salary if compared with men s and difficult to services access in addiction a difficult daily life and in domestic sphere. The women s organisation in productive groups or economically solidary enterprises (ESE) torn possible the social economically organisations and politicians to promote deep changes in a domestically e socially relationship, positioning, for example, women s in publics areas and in the rout of emancipation. The objective of this search are understand men and women relationship in the family agriculture s field starts insert women in economically solidary enterprises (ESE) on Mulunguzinho s settlement (Mossoró/RN). The theoretical framework is inspirited Economical Solidary concept kind division s job and women s empowerment. This search had a qualitative character and exploration through case s study on Mulheres decididas a vencer s group. The secondary information was create through theoretical framework and information collected through semi-structured interviews based in interviews applied for women and yours respective husbands by criterion for women participation on productive activities of beekeeping culture of goat and sheep. This study turns possible conclude that the women s participations in productive groups in solidary economical change significantly their life and their family life. The group s organisations process, the training was received, the collective production, the marketing and the mobilized participation to move it all was fundamental for women share with their families partners some homemade and take care with the children. This finding confirm a different aspect not economical in solidary economy overcoming the monetary value in associative relationship observing principally individuals well-being and the concern with the form of reproduction this way of life in the associated

José Lins do Rego e a modernização da economia açucareira

Analysis of the northeastern sugar economy insertion on the modernization process of these economy based on the José Lins do Rego literary Discourse. In order to do so, there were used the literary works Fogo Morto, Menino de Engenho, Bangüê and Usina as study objects. Throughout the prosecution of a exploratory and documental bibliographic research it was identified that, in the cited literary works, there are three specialties corresponding to the main scenarios of the plots, the Santa Fé and Santa Rosa mills and the Bom Jesus mill factory. We have conceived the mills as main charachters, since all stories deployment corresponds to the other charachters reactions to the many forms that the specialties are, or not, affected by the modernization. Therefore, the narratives in Fogo Morto, Menino de Engenho, Bangüê and Usina reaffirm the viability of the literary discourse application as a source for the construction of the sociological interpretation of the northeastern sugar economy process of modernization in the end of 19th century and beginning of the 20th century

A previdência rural universalista e a sua relevância na economia dos municípios do Rio Grande do Norte

This study deals with the rural social security Universalist established by the Constitution of 1988 and its importance in the economy of the municipalities of Rio Grande do Norte. In this context, the study seeks to satisfy two important criteria that guide the selection of objects of social science research: a consideration of issues that have relevance to the real world and the intention to make the contribution to the scholarly literature on theoretical and empirical aspects. The research seeks to reveal what is the economic importance of the subsystem of social security for rural municipalities in RN. The hypothesis is that the transfer of income received by beneficiaries from the rural social security tax exceeds the explicit mechanisms for most municipalities in RN, in many cases significantly, proving the importance of this policy as a mechanism for combating poverty and reducing social inequality, especially before the fragility of the federal system on the national political entity hall. The study presents theoretical cores - chapters 1-3 - and empirical - Chapter 4. The first core is about the evolution of social protection as a state policy, addressing the influential theories and typologies of the State of Social Welfare and the characteristics of the Brazilian social security model, but mainly, its rural social security subsystem, its history until universalistic model inaugurated by the Federal Constitution of 1988. The second begins with an overview of studies that have emphasized the impact of Social Security on the local economy of small municipalities, then passing data and statistics in order to gauge the socioeconomic importance of pension income in the rural municipalities of Rio Grande do Norte. To this end, the final chapter provides a comparison of the monetary value transferred by the payment of social security benefits - rural and urban - to each of the 167 municipalities in RN with the equally important sources of income in the budget of municipal entities. Apart from their own tax revenues, are objects of comparison with the value of pension benefits awarded in RN, transfer quota state relating to the municipality on the federal ICMS and the transfer on the FPM

A economia social e os estados do cooperativismo: ascensão ou declínio dos princípios do cooperativismo em empreendimentos autogestionários

Crisis in the capitalist system of production, contributes to appearance of social enterprises. In spite of, to believe these undertakings were to promote a true revolution that supply alternatives to consolidation of a socialist society, which it wasn t succeed. The cooperatives which was our object of study, get appearance in the middle of the capitalist system of production in a disorganized way, therefore, many of them Just get rich or they became true work machines and exploration of the human work. This study has like main objective: Do cooperatives have knowledge and/or they pratice rudments of the cooperativist moviment?. Get some conclusions, the cooperatives of work come promoting a decline of the rudments of the cooperativism and they don t have a knowledge about the rudments of the cooperativism and they don t pratice the same ones, instead of, the ccoperative of production comes promoting the appearance of the self-management idealism which they know the rudments of thecooperativism and they pratice the same ones

Cooperativismo sob a ótica da economia solidária e popular : algumas evidências no meio rural potiguar

Las experiencias colectivas como canales de acceso a mejores condiciones de vida, engendradas por los sectores populares y, especialmente, por las populaciones rurales, nos motivaron a la realización de esta investigación. Teniendo como unidad de análisis una cooperativa constituida por agricultores y agricultoras familiares, investigada por medio de un estudio de caso y como base teórica las concepciones de economía solidaria y popular, nuestra cuestión central fue comprender ¿cuales las prácticas adoptadas que han posibilitado su éxito? Para ello, partimos de la hipótesis de que el éxito de esas organizaciones depende de la aplicación de los principios cooperativistas, cuales sean: adhesión libre y voluntaria, democracia, participación, intercooperación, educación e información, preocupación con el entorno, autonomía e independencia; y de sus relaciones externas con el Estado y otras instituciones de apoyo. Para cumplir nuestro propósito, fueron seleccionados también algunos indicadores, una amuestra aleatoria de la población elegida y los representantes de las instituciones involucradas con la cooperativa. Siendo una investigación de carácter más cualitativa, pero usando dados cuantitativos, fueron utilizados para la coleta de los datos encuestas semi-estructuradas, cuestionarios con preguntas abiertas y cerradas, observaciones directas, registros fotográficos y análisis documentales. Los principales resultados encontrados indican que la hipótesis fue confirmada, o sea, el éxito de la cooperativa estudiada tuvo vinculación directa con la aplicación de los principios cooperativistas, con el acceso a los recursos públicos disponibles y con los apoyos de otras instituciones, generando beneficios socioeconómicos para los cooperados y externalidades positivas para el desenvolvimiento del entorno

Ação social da Rede Caritas de Empreendimentos de Economia Solidária - EES: um estudo sobre valores e dinheiro

This study seeks to analyze the relationship between values and economic practices in social actions developed by the Caritas Network northeastern in projects linked to the Solidarity Economy over the last decade. This link between economic values and practices is discussed in relation to both Weber (Economy and Society) and Simmel (The Philosophy of Money) with a treatment of the affinities between both the economic sphere and religious ethics and the forms of sociability that bring individuals into contact with the circulation of money. The research scope was comprised of businesses monitored by Caritas in four northeastern states (Pernambuco, Paraíba, Alagoas and Rio Grande do Norte where we sought investigate the influence of ethical values, religious networks, and the economic practices of associations, groups and cooperatives. The field research took place over nine months with visits to local groups in their production areas, participation in trade fairs, training, exchanges, forums and regional meetings. Through this research we saw that money, the symbol and instrument of utilitarian reason, shapes individual behavior and socialization conditions since in business practices it is permeated by religious and ethical values when confronted by their experiences, values and neoliberal practices. The data and conclusions and relates to the overall research of the regional Caritas Network, the place it occupies in the Solidarity Economy and its influence on the sociability of business

Tributação, finanças públicas e política fiscal: uma análise sob a óptica do direito e economia

In the Brazilian legal scenario, the study of taxation has traditionally been restricted to positivist analysis, concerned with investigating the formal aspects of the tax legal rule. Despite its relevance to the formation of the national doctrine of tax, such formalist tradition limits the discipline, separating it from reality and the socioeconomic context in which the Tax Law is inserted. Thus, the proposal of the dissertation is to examine the fundamentals and nature of taxation and tax legal rules from the perspective of Law and Economics (Economic Analysis of Law). For this purpose, the work initially reconnects the Tax Law and Science of Finance (or Public Finance) and Fiscal Policy, undertaking not only a legal analysis, but also economic and financial analysis of the theme. The Economics of Public Sector (or Modern Public Finance) will contribute to the research through topics such as market failures and economic theory of taxation, which are essential to an economic approach to Tax Law. The core of the work lies in the application of Law and Economics instruments in the study of taxation, analyzing the effects of tax rules on the economic system. Accordingly, the dissertation examines the fundamental assumptions that make up the Economic Analysis of Law (as the concept of economic efficiency and its relation to equity), relating them to the tax phenomenon. Due to the nature of the Brazilian legal system, any worth investigation or approach, including Law and Economics, could not pass off the Constitution. Thus, the constitutional rules will serve as a limit and a prerequisite for the application of Law and Economics on taxation, particularly the rules related to property rights, freedom, equality and legal certainty. The relationship between taxation and market failures receives prominent role, particularly due to its importance to the Law and Economics, as well as to the role that taxation plays in the correction of these failures. In addition to performing a review of taxation under the approach of Economic Analysis of Law, the research also investigates the reality of Brazilian tax system, applying the concepts developed in relevant cases and issues to the national scene, such as the relationship between taxation and development, the compliance costs of taxation, the tax evasion and the tax enforcement procedure. Given the above, it is intended to lay the groundwork for a general theory of Economic Analysis of Tax Law, contextualizing it with the Brazilian tax system

Responsabilidade civil como função social na distribuição e revenda de combustível face ao direito do consumidor e ao meio ambiente

The civil liability of the distribution and retail fuel stems from the fact business activity developed to be high risk and can be said as risk inherent or latent danger that has predictability and normality characterized by placing the consumer in a position of vulnerability, such as the environment, both public policies defined and constitutional protection. Consumer protection as a fundamental right and the environment as the primacy of social order aims the welfare and social justice, as inserted right to the third dimension, are guarded by the State when it creates operational standards through public policies and indirectly intervenes in the economic order. This intervention is due to consumer protection and the environment are economic order principles, founded on free initiative and free competition, ensuring everyone a dignified existence which underlies the irradiation of fundamental rights in private initiative, before the commercial evaluation, mass consumption, the emergence of new technologies that link consumers to the environment before the protection of life, health and safety and ensuring a better quality of life for present and future generations. To repair this damage and the right to information are provided as fundamental rights that put the person at the epicenter of the relations and collective interest stands out against individual interests that to be done need public-private partnership. In such a way that the used methodology was an analysis of documents correlating them with bibliographic sources whose goals are to recognize the civil responsibility as limit to subjective right, having to develop a social function where guilt and risk grow distant and the damage is configured as a consequence of inherent risk, requiring the State interventional postures in fulfilling its public policy; prevailing in these risky activities the solidarity of those involved in the chain of production and socialization of damage forward those are provided directly of products of hazardous nature that put in a position of vulnerability the environment and the consumer

O papel do BNB/FNE na economia nordestina pós 1990

O presente trabalho objetiva analisar o papel do crédito vinculado às tentativas de fomentar a modernização da estrutura econômica nordestina. Tal procedimento se sustenta nos financiamentos do BNB, o qual se configura como instituição financiadora do processo de industrialização da Região Nordeste. O principal fundo à essa finalidade é o FNE. Dessa maneira avaliaremos também a importância do crédito na dinâmica de regiões periféricas como o nordeste o é. Assim, indaga-se: tais mecanismos foram relevantes para eliminar os gargalos produtivos do Nordeste através da modernização de sua economia? O direcionamento do fundo ocorreu de forma a diminuir o hiato intra-regional? A suposição do trabalho é que tais fundos configuraram-se como essenciais à economia nordestina, no entanto, insuficientes para a finalidade a qual foram criados. Usa-se uma pesquisa bibliográfica alicerçada na literatura pertinente, associada a uma análise documental, a qual permite a utilização de dados estatísticos que demonstrem o desempenho do BNB referente ao objetivo do FNE. Finalmente, nota-se que, tanto houve uma concentração no direcionamento do fundo para setores menos complexos, o que contribuiu para a manutenção estrutural da economia nordestina, como o fundo atuou de forma espacialmente imperfeita garantindo a desconcentração de apenas algumas sub-regiões