A OAB no processo de transformação da sociedade brasileira: a seccional potiguar como espaço de redemocratização (1979-1988)

The period known as the Military Dictatorship (1964-1985) was a period of history marked by Brazil's control of state power by the Armed Forces together, this started with the Civil-Military Coup of April 1964. Was characterized as a time where political freedoms of expression and were placed in check by authoritarian and repressive measures taken by the military governments. The sectional potiguar of the Ordem dos Advogados do Brasil (OAB / RN), and the Federal Council of the institution, supported the establishment of this scam, but from the 1970s undertook measures that sought to corroborate the struggles around democracy the country, which has consolidated its image as a defender of democratic order. With the title inspired by the XII Meeting of OAB in October 1988, the research aims to analyze the participation of OAB / RN and its members within the Brazilian democratization. This analysis begins in 1979 with the participation of the entity in discussions Amnesty Policy to the promulgation of the 1988 Constitution, since the Constitution is the beginning of a full rule of law. We seek to understand the object as a space for democratization, combining the concepts of History, Memory and Politics. In the analyzes are guided theoretically by Jacques Le Goff, Pierre Nora, Maurice Halbwachs, Pierre Bourdieu and Hannah Arendt. Be rebuilt the period of democratic rule in the land potiguares birthing shares of OAB / RN, particularly in the following events: Amnesty Policy 1979, the mobilizations around the campaign of "Direct Now" and the 1988 Constitution We make use of legislation. minutes, papers and interviews built on Oral History.

A prioridade absoluta na Constituição Federal de 1988: cognição do art. 227 como princípio-garantia dos direitos fundamentais da criança e do adolescente

The study undertakes the analysis of the constitutional warranty principle of the Absolute Priority of the children and adolescents fundamental rights concerning to the sense, reach, content, addressees and effectiveness. Then, we begin with the study of the Constitution, text where is inserted the principle on examination, opportunity on which it verifies the concept and conceptions of the Constitution, theories, functions, it normative power and the constitutional feeling. Soon after, the fundamental rights theory is analyzed, focusing your origin, importance, functions, protection, restrictions, duties, characteristics and effectiveness. Then, it is led in general to the place of the principles, moment that leans to their concept, evolution, functions, classification and characteristics. Finally, it is appreciated the principle of the Absolute Priority approaching to the meaning and reach, the normative force and importance, historical precedents, materialize rules, addressees and its normative power and enforcement

A ação civil pública como meio de concretização do direito à saúde na Constituição de 1988

The work presented here is about aspects of the constitutional extension in which is the public civil action with the objective of verifying its aptitute in tutelaging subjective situations derived from fundamental rights, especially right to health assistance. Thus, it offers a clear analysis of the practical functioning of most aspects of the public civil action (lawsuit), with philosophical foundation and necessary doctrinaire to your comphehension. How it once was (history), how it could be (reform suggestion), how it is (current interpretation of the law) and how it should be (critic analysis of the microsystem of collective tutelaging of rights, its perspectives, as well as the efficacy of the public cilvil action about accomplishment of the right to health as supraindividual right). The objective is to analyse the main version of the theme (for instance: the impacts caused to the dissociation of the Procurations theory), so that it can be extracted the philosophy and the general theory, of the public civil action and collective tutelaging in general, pragmatically applicable to study purposes. With this theorical fountain, the reader will be in a more solid position, not only being able to understand the subtilities of the public civil action, but mainly being able to recognize its faults and present solid reform proposals and improvement. It is know that the Juridical Power (Procuration) does not allow any more inactivity about negating accession to health in its collective dimension (lato sensu: spread, collective stricto sensu and homogeneous individuals), being imputed to it novel usage that consolidates in the assumption of the role instrument set aside to be used by all with organized instancy of solution to collective conflicts in large sense. This happens, overall, because of the current justice politization, understood as juridical activism, connected to the struggle between the groups defending their interests and the acceptance of the constitution about solidifying the public politics of quality health

Desvios de finalidade no Direito Constitucional Tributário brasileiro: aspectos estruturais e teleológicos da tributação na Constituição Federal de 1988

This work deals with considerations regarding common types of tax misuse that are present in the 1988 Brazilian Constitution. Thus, the work aims to unveil dogmatic features present in these practices that are considered illegal and are beset with vices such as power misusage. The research also aims to acknowledge the unconstitutionality issues regarding other guidance on behalf of goods that are responsible for the gradual positive approach realized by the 1988 Brazilian Federal Constitution. Thus, the work systematically used methodological procedures that aim to interpret the logical premises present as in the structure proposed by incidence rule matrix as in Ihering´s correction criteria considered as effective in itself. This is done also considering themes such as the Brazilian Public Tax legal matters. The work also performs a teleological debate of the Brazilian National Tax System as well as other related themes. It is understood that power misusage or any regards increase in aliquots. This can be observed in the quantitative criteria present in central aspects regarding taxes that are described in the constitutional regime either regulatory or induced nature, such as §1º, of the normative information present in article number 153 which is considered predominantly as tax raising such as pointed out in the 1988 Brazilian Constitution. On the other hand, it is seen that the type of misguidance with goods is understood as a practice that deviates as well as cuts connection with (rectius, unattaches) tax resources that are gathered and destined to specific constitutional purposes. At the end, the work deals with issues that aim to identify possible causes that lead to the use of norms and patterns that regulate such deviations. The research emphasizes ratio issues that are present in tax inspection proposals and invalidation that aim to restore the logical compatibility of these normative actions included in the Constitutional Tax Legal matters that was put forth by the 1988 Brazilian Federal Constitution

O piso salarial nacional: a valorização do professor na Constituição de 1988

The paper investigates the legal mechanisms used by the Legislature and the Executive to implement the constitutional principle of the teacher s minimum wage, which is proclaimed in the Constitution as a strategy of professional appreciation for this category. The text demonstrates that the legal mechanisms used to value the teacher were: the 1988 Constitution, the constitutional amendments to this Charter updated and modified the original text in relation to the matter, and finally, the Minimum Wage Law . Article nº 206 of 1988 s Federal Constitution established that basic education teachers, who work in public schools, would be entitled to a national minimum wage. Law nº 11.738/2008 ( Minimum Wage Law ) regulated the matter and made other determinations on the relationship between the State and the teachers such as the establishment of parameters for the distribution of the workload of teachers. Based on this law, since 2009 the minimum wage has been set annually by the Federal Government. However, state governments and municipalities throughout Brazil protested prescriptions contained in the Minimum Wage Law . In this context, some governors and mayors led the Supreme Court regarding the constitutionality of this law. The complainants considered that there was unconstitutional by the following: definition of the teacher s workday, which in the complainants point of view was competence of local governments; ensuring that teachers receive salaries tied to the minimum wage with retroactive effect; transformation of the minimum wage in basic salary, lack of sufficient budget in the states and municipalities to honor with the new values to be paid to teachers and, finally, determining workload for the teacher to perform other activities besides classroom activities. At the trial held at the STF the majority of Ministers rejected the claim and considered that the Minimum Wage Law , taken together, was constitutional. However, this decision did not alter the position of the managers or the interpretation of the ministers who agreed with the unconstitutionality of some aspects of the law. This means that one law can present differences in interpretation between ordinary people and among members of the Judiciary. The search showed the following conclusions: the law is not a definitive parameter of justice, because it is deeply linked to various interests; the development, implementation, and judgment of laws dealing with minimum wage of teaching are linked to historical and cultural aspects of society; the demand for enhancement of teacher and setting a minimum wage has only emerged in the late twentieth century, a fact explained in this work based on data that indicate the recent concern of Brazilian State with schooling a phenomenon typically Republican and with the professionalization of teaching emerging concern from the knowledge society; the Legislative and Executive search mechanism to implement the minimum wage of the teachers because of the contemporary need for professionalization of teaching

A constitucionalização da solução pacífica de conflitos na ordem jurídica de 1988

In the Brazilian legal context, conflict resolution is studied and analyzed over a majority jurisdictional view, which is one of the reasons of litigation culture that creates a jurisdictional resolution hopeness. The practical impact of such reality is the loss of quality in the public service of the judicial function, moved, as a rule, by the overcrowdings, slowness of legal procedures and the relegation of peaceful resolution methods to peripheral plan. However, the Federal Constitution of 1988, following the Ordinary Law constitutionalization phenomenon provides specific guidance about the values towards the litigation resolution. The study, therefore, aims to approach the constitutionalization of conflict resolution in order to identify, through scientific and spiritual interpretation in conjunction with the systematic paradigm, what are these values, as well as operation and legal representation and practice of these measurements. In this sense, the thesis is to study the initial point of the analysis of conflict theories and explanations about the culture of litigation matched with concepts of creation and interpretation, constitutionalization, access to justice and social pacification public policies. It is used for this purpose, the logical-deductive method with the aid of the dialectic immanent in Law

Biomassa e desenvolvimento sustentável e sócio regional no Brasil: uma análise à luz da Constituição Federal de 1988

It is verified worldwide an increasing concern with the protection of natural resources in the planet, a fact that became relevant in Brazil since the promulgation of the Constitution of 1988, based on the viewpoint of sustainable development, which seeks to promote economic activities in the country according to the need for conservation and preservation of natural resources for the use of present and future generations. In addition, we seek to reduce the differences that occur in our society by determining as a fundamental objective to be persecuted by the Federative Republic of Brazil the reduction of social and regional inequalities. A value that should also be observed in the context of economic activities developed here, since it is a general principle of financial and economic order of the country. Therefore, considering the exhaustion of world s reserves of fossil fuels, as well as the impacts on the environment, especially for the large emission of greenhouse effect gases, the debate about the need to change the global energy matrix increases while alternative energy sources appears as a bet to fulfill the contemporary aspirations for sustainability, and Brazil emerges in a very favorable position, because it has the essential natural conditions to allow this sector s full development. In this perspective, the work has the scope to analyze how the production of alternative energy sources may act in the search for concretization of constitutional values, to promote sustainable development for present and future generations, and to reduce regional and social inequalities in an attempt to improve the quality of life of the population. It will also be observed the current regulatory framework of alternative energy sources in the national laws to verify the existence of legal and institutional security, which is necessary to guarantee the full development of the sector in the country. And to investigate the expected results, it will be observed through the concrete evaluation of specific practices adopted in the industry, analyzing their actual compliance with the constitutional provisions under analysis, based on the examination of the possibility of using renewable biomass sources for biofuel production, promoting development to the country, indicating the opening lines about how this important sector can act to solve the energy challenge today

A Constituição Federal de 1988 e a integração regional : o desafio da harmonização tributária

As an effect of the growing interdependence in international relations, regional integration was conceived to face globalization, with a remarkable influence in politics and law, since the first steps of the European experience. In Latin America, regional integration ideas have blossomed in the 60 s. Among its experiences, MERCOSUL is the one with the most advanced objectives. However, MERCOSUL has not managed to achieve the objectives planned nor moved forward the integration process. Differently of what happened in Europe, in MERCOSUL the common market projected is concluded. It faced many disappointments throughout its brief history. As it matters to law, those were caused by the absence of supranationality, a mechanism that would allow MERCOSUL s decisions to be directly binding in the States with no need of bureaucratic proceedings to incorporate them to national legal systems. Among Latin American States, Brazil is probably the most resistant to integration process, due to Federal Constitution 1988 rigidity and legal professionals conservadorism towards opening legal system to international law. In Brazil hermeneutical standards are always based on national sovereignty and international law is referred as less important. The problems become more visible relating to taxation, a subject that plays an enormous role in integration process for its economic impact, demanding the execution of tax harmonization policies compatible to the integration levels aspired. However, because of the large number of tax rules in the Federal Constitution, structural changes initiatives face difficulties in order to be implemented. Actually, after two Constitutional Reforms on taxation, Brazil has not yet succeeded on promoting the necessary adaptations to regional integration. The research has confirmed the hypothesis that supranationality has indispensably to be adopted if Brazil really desires to move forward the integration process. But it has also been demonstrated that there are hermeneutical paths suitable to the constitutional profile which allow the adoption of supranationality, through the revision of the sovereignty traditional concept

Regulação do livre acesso no transporte de gás natural à luz da ordem econômica da Constituição de 1988

In the middle of modern social changes produced by globalization and capitalism, several markets have changed. States have left the direct coordination of these markets (chiefly public utility sector in the form of monopolies), introducing regulation in order to promote competition. These changes have affected natural gas industry by promoting competition as a key factor to the development and the increase of firms in this market. The regulatory reform of natural gas industry ocurred in EUA and Europe Union and it has produced its first results. In Brazilian context, Constitutional Amendment nbr. 09 and Federal Law nbr. 9.478/97 ( Petroleum Law ) opened the natural gas market to a broad range of private economic agents and they finished the monopoly over the industry before managed by Petrobras. The new regulatory framework of Brazilian natural gas industry has designed competition as a central element to the new form of managment of business and contractual relationships of this industry. Among the regulatory instruments, open access regulation in natural gas pipelines is directed to promote competition. The questions arised about its implementation in Brazilian context are studied in the present work, in which it is discussed the constitutional rules and principles are to be applied to the open access regulation within the theme of statal regulation of economy present in constitutional economic order

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Palmyra Wanderley e a educação da mulher no cenário Norte-rio-grandense (1914 -1920)

The present work has the intention to analyze the contribution of the writer and journalist Palmyra Guimarães Wanderley to the education, throughout her writings in the period between 1914 to 1920. I search through her journalist writings produced in the feminine magazine Via Láctea (1914-1915) her idealization, and as in the newspaper A República e Diário de Natal, in the decade of 1920 establishing relationships with education, mostly because of her production in the pages of the paper articles regarding feminine education and women condition. At the same time I sketch the biographic profile of Palmyra Wanderley relating her to the historical moment that she lived. To achieve the proposed goals I begin with a documental research within the available archives and use other sources like pictures and interviews with her relatives. The results of the research show that the worry of Palmira Wanderley with the education in our state, goes beyond her published writings in magazines and newspapers. She has been ahead of Escola de Comércio Feminino and Aliança Feminina, she has also done a conference in the House of the Young Single Ladies' Protection (Casa de Proteção às Moças Solteiras), institution of the Aliança s responsibility that offered shelter, food, formal and religious education to the workers of the Fabric Factory of Natal (Fábrica Tecidos de Natal). Her involvement evidences her contribution to the historiography of the education in Rio Grande do Norte, specially the history of women education ensuring her presence in the day by day history

Educar para o lar, educar para a vida :cultura escolar e modernidade educacional na Escola Doméstica de Natal (1914-1945)

La recherche propose un nouveau regard sur l Institution Scolaire École Doméstica de Natal, en essayant de tenir compte de la multiplicité des auteurs et des pratiques développées à l école qui définissaient le mieux et expliquaient les phénomènes de cette réalité éducative et des rapports avec le temps et le lieu où elle s insérait. Pour ce faire, les concepts de mémoire et culture scolaire ont été fondamentaux pour la compréhension de ces pratiques, parce qu ils ont contribué à notre lecture historique-culturelle de l ensemble d aspects institutionnalisés à l école, comme son curriculum, ses finalités, ses façons d enseigner et d apprendre, ses règles de conduite, ses normes, enfin, ce qui caractérisait son organisation et ses pratiques quotidiennes. C était l École Doméstica de Natal l institution pionnière dans le modèle d éducation féminine au Brésil, nous le reconnaissons en priorité et nous visons à le circonscrire à son indélébile contribution à l Histoire de l Éducation de Rio Grande do Norte. Conçue par un modèle d organisation scolaire européen pour l éducation féminine, l École Doméstica de Natal a été inaugurée en 1914, en ayant comme créateur l intelectuel de Rio Grande do Norte Henrique Castriciano de Souza. Sa singularité, s opposant aux écoles féminines existantes au Rio Grande do Norte et au Brésil en ce temps-là, était dû au modèle scolaire adopté, qui appuyait sur la formation d une femme préparée à répondre aux aspirations modernes surgissant avec l avènement de la République. Ce contexte exigeait de l école la formation d un modèle de femme dans les aspects moral, physique, culturel et intelectuel modelés sur les idéaux de l ordre et du progrès. Ce serait une nouvelle méthode d éducation scolaire qui pourrait favoriser la modernisation des anciennes méthodes d enseignement, provoquant le surgissement de modèles qui impliqueraient une nouvelle organisation pédagogique aux écoles de l`État et conduiraient la ville à de nouveaux et hauts paliers de culture et civilité. Avec cela, l école contribuerait à ce que la femme joue un rôle dans la société d une manière plus active, sociale et mieux adaptée. Les mots ordre, nouveau, civilité, moderne et progrès se répandaient et s entrecroisaient avec des valeurs archaïques toujours permanentes et enracinées dans la vision de vie et l idée de monde d alors. Ainsi, on voyait que l École Doméstica était une institution modèle, spécifique dans sa fonction, qui apporterait à la ville et, particulièrement au Rio Grande do Norte, des idées de civilité, ordre et progrès

A invenção da Terra da Luz: história, literatura e paisagem (1875-1914)

Ce travail est un étude de cas qui analyse la construction litéraire du paysage du « Sertão» du Ceará entre la fin du siècle XIX et le début du siècle XX. Pour cela, quelques oeuvre simbole de la production litéraire du Ceará ont été sélectionnés, comme les textes qui suivent: O sertanejo (1875), de José Martiniano de Alencar; Os retirantes (1879), de José Carlos do Patrocínio; A fome (1890), de Rodolfo Marcos Teófilo; Luzia-Homem (1903), de Domingos Olímpio Braga Cavalcanti; Terra de sol: natureza e costumes do Norte (1912), de Gustavo Dodt Barroso et finalement, Aves de arribação (1914), de Antônio Sales. Ces oeuvres non seulement prend la nature comme personage, elles représentent aussi trois moments de la production litéraire du Ceará : romantique, réaliste et naturaliste. A invenção da Terra da Luz se rapporte à l idée d une littérature qui fait remarquer le paysage diurne du Sertão du Ceará, élaborée par ces hommes des lettres dans ses discours formidables, beaux et des matériaux qui viennent de ses rapports avec le monde naturel. Pour réaliser une tel entreprise, les idées de Edmund Burke et Gaston Bachelard se sont constitués en référence de cet étude. Et cette réflexion sur la description, la rêverie et l imagination marchent côte-à-côte au discours de ces littéreurs qui ont construits un espace simbolique spécifique : le sertão du Ceará. Comme ça, quelques thèmes deviennent canonique à la forme de penser, représenter et imaginer l espace du sertão du Ceará. De cette manière, le paysage est beaucoup plus que la contemplation, une fois qu elle est liée aussi à la rêverie poétique, à la mémoire et l imagination. C est de là l invention du paysage, car ces littéreurs n ont pas l accès au paysage purement naturel parce que ses perceptions et sensibilitées sur le monde du sertão ont été historiquement, c est-à-dire, dans un certain temps et espace

A Família do tesouro: a monumentalização da família Albuquerque Maranhão e a luta pelo poder no Rio Grande do Norte (1889-1914)

The objective of this study is to discuss the process of building a family monumentalization Albuquerque Maranhão showed that both the traditional historiography of Rio Grande do Norte, represented by Tavares de Lyra, Rocha Pombo e Câmara Cascudo, as reflected in urban areas of Natal. To understand this process, we intend to analyze the production of the aforementioned authors as well as more recent studies, trying to discern or identify an attempt to link them to the family name to the history of Albuquerque Maranhão State, which ended up giving visibility to this group, making it the characters featured in the scenario of local history, investing them with a monumental character. In addition to historical analysis, we observe changes in the urban landscape of the city of Natal in the early twentieth century orchestrated by members of this family, which tied his line to public spaces for a new and modern city. Through this review, we will be able to realize that such practices turned out to be a stage of political disputes between Albuquerque Maranhão and opposition groups who were anxious to remove them both from the center of historical narratives on the Rio Grande do Norte, as well as the political space of the State environment exclusive domain of this group for nearly twenty years

A inserção das mulheres na Câmara Municipal de Natal (1988 - 2004)

This work has as objective to reflect about the insertion of the women in the City Council of Natal in the period from 1988 to 2004. We focused our discussion in the context of the politics of quota that has with objective to decrease the frame of inequalities existent between women and men in the politics, besides of to analyze which the determinants responsible for the women's sub-representation. The research still consists of an analysis of the councilor s women profile and how they were seen in that space of power. We analyzed our study object in a gender vision, since this is related intrinsically the social relationships and the relationships of power. The women, for a long time, they were excluded of the participation in the public life, being just seen as mere expectants. This research is informed mainly by studies which discuss the Gender (Scott, 1990), (Perrot, 1988), (Badinter, 1995), (Bruschini, 2002). We also analyzed the power, politics in the vision of Marx (1996), Foucault (1982) and (Arendt, 2001). We tried to analyze the women's presence in the spaces public and private, showing your conflicts and contradictions faced in the society, focalizing the political character of the women's inclusion in the spaces in that are inserted. The instrument of collection of data was the semi-structured questionnaire, descriptive and analytical - critical. The analyses of the interviews show to the sub-representation of women over the years as a determining factor for these women continue in the invisibility. The women were interviewed councillora ex- bounded from 1988 to 2004. The conclusion the one that we arrived is that this sub-representation has as decisive the patriarchal system that prevailed for a long time in our society and still dominates and affects women in all areas of your life. This becomes more serious in the capitalist society in which prevail the interests of those that it stops the produced wealth