A moralidade e a vida pregressa do candidato como condição autônoma de elegibilidade

The objective of this work was about fixing the free will paradigm as negative evaluation of political rights which presents a new classification dde such rights, producing species: a) conditions of eligibility autonomous (free will), b) eligibility requirements heteronomous (will third party) and c) ineligibility (court decisions / administrative). This morality and life history as a condition of eligibility unattended, making a hermeneutic analysis of art. 14, § 9 of the Constitution, considering the justification of the views of the voting Minister Carlos Ayres Brito Appeal in Ordinary No 1069/2006 of the Supreme Electoral Tribunal (where Eurico Miranda). Are fixed concepts of morality and life history from the perspective of the moral act freely and consciously. Has resulted in the identification of the moral virtues of honesty and integrity, which are voluntary acts as a reference to morality and integrity respectively. Justifies the morality and life history as a condition of eligibility unattended. who depend exclusively on the willingness of the candidate. It is noteworthy that the conditions for eligibility as a factual finding does not violate the law and does not allow punitive sanctions or setting a deadline in case of refusal to register the application. Attributed to political parties to take responsibility in their statutes moral criteria for the nomination convention in pre candidates, giving an ethical dimension. Analyzes the law under the Clean Record of morality and life history of the candidate and the possible impact on the electoral context.

Metafísica e moralidade na filosofia de Schopenhauer

This work posits a mutual implication between metaphysics and morality in the philosophy of Schopenhauer and seeks to clarify the many nuances that take place in this relation. Each chapter offers a perspective in which the relation between metaphysics and morality can be addressed. Thus, by exposing some important aspects of representation theory of Schopenhauer, we try, in the first chapter, explain the relationship between his idealism and his conception of morality; in the second chapter, the determinism present both in nature and in moral actions, determinism that establishes the relationship between morality and metaphysics through the very notion of a metaphysical nature; in the third chapter, relationship between metaphysics and morality that takes place through the notion of freedom as denial of the previous determinism, freedom possible to the genius, to the saint and to the ascetic. All of these perspectives, however, presuppose the distinction between phenomenon and thing-initself, figuring this distinction as crucial in building of this metaphysic that seeks to protect the moral significance of the world while denying the existence of God

A moralidade e a vida pregressa do candidato como condição autônoma de elegibilidade

The objective of this work was about fixing the free will paradigm as negative evaluation of political rights which presents a new classification dde such rights, producing species: a) conditions of eligibility autonomous (free will), b) eligibility requirements heteronomous (will third party) and c) ineligibility (court decisions / administrative). This morality and life history as a condition of eligibility unattended, making a hermeneutic analysis of art. 14, § 9 of the Constitution, considering the justification of the views of the voting Minister Carlos Ayres Brito Appeal in Ordinary No 1069/2006 of the Supreme Electoral Tribunal (where Eurico Miranda). Are fixed concepts of morality and life history from the perspective of the moral act freely and consciously. Has resulted in the identification of the moral virtues of honesty and integrity, which are voluntary acts as a reference to morality and integrity respectively. Justifies the morality and life history as a condition of eligibility unattended. who depend exclusively on the willingness of the candidate. It is noteworthy that the conditions for eligibility as a factual finding does not violate the law and does not allow punitive sanctions or setting a deadline in case of refusal to register the application. Attributed to political parties to take responsibility in their statutes moral criteria for the nomination convention in pre candidates, giving an ethical dimension. Analyzes the law under the Clean Record of morality and life history of the candidate and the possible impact on the electoral context

GÊNERO E RELAÇÕES DE PODER NO PENTECOSTALISMO: ESTUDO COMPARATIVO ENTRE A IGREJA DE CRISTO NO BRASIL E A COMUNIDADE EVANGÉLICA SARA NOSSA TERRA

Based on the empirical comparative study between two churches from Pentecostal guidance - both located in Parnamirim/RN - and supported on a dialogic interaction between my interlocutors and theoretical references, I proposed me to reflect about how this protestant segment represents and articulates questions such as gender and power relationships, and the daily impact of that in their followers life. In other words, this dissertation aims to understand the reason of the asymmetry attributed to male and female, especially in what concerns the distribution of ecclesiastic works and the authority given to male, as well as the implication of this reality in the reconfiguration of morality and religious praxis in daily life of individuals and involved groups. From this perspective, this work was divided in three chapters, in which I investigate the tension/relationship between faith and secularism, for from this question on concessions and/or prohibitions related to the limits and involvement of the followers with the world and with the very Pentecostal ethos arise. I also analyze here aspects concerning to both ecclesiastic hierarchy and power, with the objective of elucidating how it occurs, what kind of criteria and implications they consider as well as about the nature of the religious labor division between men and women and, finally, I try to understand how the conversion/adhesion of members is reflected in the redefinitions of gender and its relationship between the ecclesiastical and domestic spaces. The diligence and energy spent in this work is in the hope that its fruits can corroborate in the expansion of anthropological knowledge which, in this particular case, involves the Brazilian Pentecostal phenomenon

Espirito de catimbo: a moral magico-religiosa da jurema

This participative research interested in the social praxis attempts to understand the moral principles that set the magic rituals and the places of worship of three jurema centers of the potiguar region of Canguaretama. Among other inner particularly aspects of each focused catimbó-jurema center, it is being discussed the collective standards involved in the reliance and fellowship values assumed in the private magical gatherings by the juremeiras leaders and their partners, in contrast to the prestige seeking and the individualism that influence both the symbolic competitions and the witchcraft works that link these agents to the broader catimbozeiro universe of this region. Finally, the moral practices which make part of the juremeiro left-right dualism are investigated based on the understanding that the referred native pantheonic-ritual dichotomy does not necessarily express two moralities substantially adversed in terms of benefits or harms, but a series of moral actions subject to the specular logic of the tit-for tat. Thus, this research seeks to prove that this moral structure of symbolic reciprocity, as well as the witchcraft centrality in the catimbozeiro world, finds a certain causal link in a world view which guiding principle is the ontological evil of the catholic cosmology

A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights

Teoria da despesa pública: uma leitura ético-constitucional em busca do possível da reserva

Brazilian law passes through a crisis of effectiveness commonly attributed to the extravagance of fundamental rights and public shortage. However, public finances are not dogmatically structured to solve the conflicts around the limitations of public spending. There are ethical conditioning factors, like morality, proportionality and impartiality, however, these principles act separately, while the problem of public shortage is holistic. Also, the subjectivity of politics discretionary in the definition of public spending, which is supported in an indeterminate concept of public interest, needs material orientation about the destination of public funds, making it vulnerable to ideological manipulation, resulting in real process of catching rights. Not even the judicial activism (such as influx of constitutionalism) is shown legally appropriate. The Reserve of Possible, also presents basic ethical failure. Understanding the formation of public shortage is therefore essential for understanding the crisis of effectiveness of state responsibilities, given the significant expansion of the state duty of protection, which does not find legal technique of defense of the established interests. The premise of argument, then, part of the possibility of deducting minimal model ethical of desire to spend (public interest) according to objective parameters of the normative system. Public spending has always been treated disdainfully by the Brazilian doctrine, according to the legal character accessory assigned to the monetary cost. Nonetheless, it is the meeting point between economics and law, or is in the marrow of the problem of public shortage. Expensive Subjects to modernity, as the effectiveness of fundamental rights, pass necessarily an ethical legal system of public spending. From the ethical principles deducted from the planning, only the democratic principle guides the public spending through the approval of public spending in the complex budget process. In other words, there is an ethical distancing of economic reality in relation to state responsibilities. From the dogmatic belief of insufficiency, public spending is evaluated ethically, according to the foundations of modern constitutionalism, in search of possible of the financial reserve, certain that the ethics of public economy is a sine qua non condition for legal ethics.

A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

Iniciativa popular na concretização do direito fundamental à democracia

The Participatory Democracy is disseminated throughout the Principle of Popular Sovereignty. Since it spurs the participation of the people in the exercise of political power, it emerges as a conciliatory alternative to the Representative Regime - one of questionable legitimacy in account of the distortion it causes on the will of the public. It does so specially vis-à-vis the legislative, where the law is created. It s known that our Constitution (arts. 1º e 14, CF/88) provides for the means through which the members of the public may take part in the political process of the country, for it consecrates the plebiscite, the referendum and the popular initiative, all of them incipiently regulated by the Lei nº 9.709/98. It s our task, thus, to inquire, through deductive reasoning as well as the legal exegeses, the enforceability of the Popular Initiative as a means of popular emancipation, given that it enables the citizens to conscientiously participate in the public sphere. It has also an educational ethos which builds the capacity of individual to act, and, therefore, through thoughtful choices, enhance the legal system. Furthermore, the Lei da Ficha Limpa (LC nº 135/2010) surely represents a milestone in the Brazilian political history, since it accrued from a new way of social interaction allowed by the usage of communication technology on the pursuit of political morality. As a matter of fact, this bill is a clear example of how a legal act was legitimately proposed through Public Initiative. Hence, it s beneficial to actually make use of the Public Initiative, under the influence of the New Constitutional Hermeneutics, with a view to supporting social claims and promoting a dialogical relationship with the State in order to help it in the decisionmaking process. Thereat, we can achieve important civic spaces through which the fundamental right to democracy shall be materialized, tearing apart the old paradigms of inequality and, thus, promoting social justice

Uma (re)leitura teleológica da filosofia moral em Kant : por uma necessidade de inclusão do homem na natureza

Made from the bases of metaphysics, this dissertation is related do Kant‟s moral philosophy. But the itinerary to reach the main speculation used to develop this current understanding of Kant‟s thoughts, it is nothing but an attempt to make the formal rigor more flexible, which has always been associated to Kantian ethics‟ perspectives. From the awareness of what this formalism could be, while a moral arrangement, it is how we will be able to come upon a teleological Kant. That is the fundamental element to comprehend some of the significant aspects in that ethical system, which necessarily comes through the effort to demonstrate the proximity between reason and sensibility, as well as nature and liberty. In this environment, the journey to achieve the autonomy, as the bedrock of liberty and morality, evokes the support of education in Kantian patterns, which enables a course of improvement of the human being, as an individual e, more significantly, as specie. This evolution progress, which tents to reveal the destiny of the humanity, is evolved in the relationship between necessity and finality, as a condition to make the structure of a project to humanity possible. We should mention that it is a rational, an educational and a moral project to be developed in the course of history. As a consequence, the amount of all these elements permits the development of the man‟s natural disposition as a creature that looks for self knowledge , becoming, afterward, dignified to be qualified as a human being. Finally, this study intent to figure out the necessity of the human being inclusion to nature, which happens throughout the acquirement of the individuals‟ conscience

O cuidado e a ética do cuidado: um diálogo entre Leonardo Boff, Carol Gilligam e Nel Noddings

To elucidate the important contribution of care ethics in improving human relations and social intimates, this work reveals the fragility and lack of ethics on the formation of a just society, equal, peaceful and caring. To this end, we study on the moral development of men and women, warning of the natural differences between the sexes, which change for both the way of seeing life and live it - which does not imply inferiority to some genres. From this study it is clear that the natural care is innate to humans, it provides a tendency to act for the good of all life forms and nature as a whole. But it is evident here a greater sensitivity of women to such care because they possess perception and more emotion than men, which make them more participatory and involved in relationships. This greater openness to care found in women, due in part to the strong and lasting relationship with their mothers. Thus is revealed the power that women have to positively change the direction of human relationships, providing careful with your example, protective and caring, the awakening of a new and comprehensive ethics - opens to the truth, and features especially for affections. Therefore, the care ethics arises from the life experiences of women and aims, through them, to join the men's morality in order to bring out the relevant fact of interdependence between human beings, of human fragility and the need for relationships to the fullness of life

Reflexões filosóficas em torno da constituição do sujeito religioso-moral no pensamento de Freud

The present research deals with a philosophical reflection about the constitution of the subject religious and moral in the thought of Freud, starting from of question of religion while one of the various spaces concretion of the individual morality. Our hypothesis is that religion presents itself as a space of revival of the primary relationship with the mother of the subject and as a moral agency. That primary relationship corresponds to the period before the Oedipus complex. The cut caused in the Oedipus complex sake in the an emptiness the subject, leading him to a situation of helplessness. In trying to fill the emptiness and consequently out of the situation of displeasure occasioned by the helplessness, the individual seeks diverses means, between which, the religion. The religion, that sense, quest for one part, that support be filling of the existential emptiness, triggered in the Oedipus complex, and on the other, works as a staunch ally of the Superego, which for turn is direct heir of the Oedipus complex and whose function is to require of the subject to moral living, as is established by the social body, where the individual is inserted. Therefore, we seek to draw this subject starting from general ideas of the philosophy, about the moral, as well as some theoretical elements of freudian thought, since his idea of the origin of the culture, morality and religion the more specific elements that pertain to the individual subject, ie, the psychism

A influência do feedback verbal na cooperação em crianças

Human cooperation is a hallmark of this species due to its wide extension to genetically unrelated individuals and complex division of labor. It is considered an evolutionary puzzle, because the theory of evolution by natural selection predicts that self-interested individuals tend to be selected. Different theories have been proposed to explain the evolution of cooperation, which the most important are kin selection and reciprocal altruism. Considering the evolutionary continuity between species, humans and other primates have several common traits that help to promote cooperation between individuals of these species. Two features, however, seem to be particularly humans: inequality aversion and preferences in relation to others. Although human cooperation is not necessarily related to morality, cooperative traits are the basis for moral tendencies. The development of human morality is a combination of early prosocial tendencies, cooperative skills displayed at different ages, social learning and cultural transmission of norms. The social stimulus seems to be particularly important in promoting cooperative behavior in children and adults. In order to study the influence of social stimuli, as verbal feedback, on children cooperation, a study was conducted with children in a public goods game. 407 children from public schools in Natal / RN, divided into 21 groups, between six and nine years, participated in eight rounds of this game. After each round, seven groups received praise for larger donations, seven groups have been criticized by smaller donations, and the other seven received no comment. Children cooperated more when criticized, without significant differences between sexes, although young children have cooperated more negative than older children. The results are likely related to the anticipation and avoidance of punishment associated with the feedback (although this did not occur), and greater sensitivity to the authority in younger children. Nevertheless, the cooperation decreased in all groups until the last day of play. The results suggest an early sensitivity to moral punishment, whose role in the maintenance of social relations must have been important in the evolution of cooperation in humans

Espiritismo e Apoio Social: o princípio da universalidade aplicado ao Departamento de Assistência e Promoção Social em dois Centros Espíritas de Natal/RN

A presente pesquisa tem como objeto de estudo o campo religioso espírita no aspecto de sócio-espiritual, junto aos trabalhadores do Departamento de Assistência Social em duas instituições: O Centro Espírita Irmãos do Caminho e Grupo Espírita Oscar Nelson, para tanto analisando comparativamente aspectos de duas instituições espíritas na cidade de Natal, respectivamente com 27 e 46 anos de funcionamento. O critério de escolha das referidas casas foi pela relevância das atividades sociais e assistenciais desenvolvidas pelas mesmas. O que se quer é verificar se existe a consciência desses trabalhadores em relação à universalidade na sua prática de acolher a todos que adentram em suas instituições, independente de religião que professem ou se expressam preconceitos ou qualquer intolerância em relação aos assistidos no Departamento de Assistência Social. Assim, compreender as casas espíritas como sistema de apoio para as pessoas em suas enfermidades quer sejam físicas, psicológicas ou espirituais, levando em conta princípios de moralidade

Eu tenho os meus direitos: análise de audiências de conciliação em um JECRIM de Natal

This research aims at examining, within the scope of Legal Anthropology, the constitution processes of Criminal Small-Claims Courts-JECRIMs in Brazil seeks to discuss, from the making of ethnographic work, the relationship between forms and dynamics of Justice distribution both at national and local level. To do so, one performed an ethnography at a JECRIM in the city of Natal, analyzing resulting peculiarities arising from the works the Judge-Coordinator and all of the other Judicial Actors in order to bring to reality the proposals of Law 9.099/95. Such ethnography has also enabled the analysis of the interactions between both Judicial Actors and Claimants, with or without private attorneys. The theoretical framework included several topics, including processes of conflict legalization, performance and representation analysis, and relationships between law, morality, feeling and ritual. One sought to a critical reading of the current state of conciliation and mediation, taking into account both legal and theoretical parameters on the subject. At the end, a general guideline of State action in conflict management is drawn, revealing some aporias and contradictions when voluntary processes are made mandatory by the State-Punisher.