34 resultados para Brasil - Constituição
Resumo:
The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution
Resumo:
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
Resumo:
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
Resumo:
The present work aims to analyze the several proportional electoral systems from the contemporaries democracies in order to, in the end, purpose a system that better fits to the constitutional Brazilian order. In this direction, we pursued to indicate the main virtues and imperfections in proportional electoral systems in use in more than two hundred countries, especially relating to the positive and negative effects that these systems inject in the party systems, in the governability and in the representativity. In order to collect elements, and also before getting to the work s main point, other issues were approached, even in a shortened way. Nevertheless, in a position taking, we conclude the work opting for a proportional electoral system that potencializes the constitutional principles of representativity and governability as well as prints a party system strong and strict, once these are the depositaries of a democracy compromised with the Brazilian society
Resumo:
L'objectif de cette étude est de comprendre la relation entre les situations didactiques faisant appel aux connaissances historiques et la construction de l'identité personnelle pour les enfants dans l'éducation de la petite enfance. Sa question centrale se demande si les connaissances sont offrent des contributions à la construction de l'identité personnelle par les enfants de la petite enfance. Se distingue, lui aussi, entend contribuer à élargir le débat sur l'enseignement et l'apprentissage des thèmes historiques dans l'éducation des enfants, et permettre un dialogue avec d'autres enseignants dans cette étape de l'éducation. Ont été analysés par des principes théoriques et méthodologiques de qualité et a assumé les orientations méthodologiques de la recherche collaborative. Il a été constaté que la systématisation des situations didactiques impliquant la connaissance historique dans l'éducation de la petite enfance contribue à la construction de l'identité personnelle de l'enfant. Ceci, pour prendre possession de ces connaissances, ils recueillent des renseignements qui permet le plus large éventail de relations, afin de comparer les pratiques culturelles de son temps avec des pratiques à d'autres moments. Ainsi orientée, l'enfant cherche à raconter son histoire avec le thème historique à laquelle elle a eu accès, d'organiser et de construire des réponses des explications sur leur environnement et de lui-même. Tout cela montre à la réalisation que le processus d'internalisation des connaissances historiques de l'enfant est construit comme un sujet et, par conséquent, cette connaissance peut être conçu comme un médiateur dans la formation de l'identité personnelle
Resumo:
The constitution of being a teacher of Portuguese occurs in a dynamic process involving various factors, such as the requirements of regulatory documents, the context of teacher formation, and the configuration of current society, per se. This study is aimed at reflecting on the initial formation of teachers of Portuguese and on official documents that face this formation, raising the following questions: (1) what does it mean to be a Portuguese teacher? (2) what is the vision of the subjects (teachers and students) involved with the formation of teaching the Portuguese Language? (3) how do these individuals deal with official documents? and (4) how do these subjects discourses relate? To understand the context of the formative processes and the knowledge inherent in them, first we take the studies of Garcia (1999) and Tardif (2002) as a theoretical framework, and to understand and interpret the utterances of the interviewees, we were grounded in the writing of Bakhtin (2003), for whom the object of the Humanities, the sciences of man, is the text, since man is, by nature, an expressive being. We situate this study in the framework of qualitative research. It is a multiple case study that focuses on two contexts: formation of teachers of Portuguese at the University of Minho, Portugal, and the Federal University of Rio Grande do Norte, Brazil. The data that make up the research corpus come from documents elaborated by the Ministries of Education of Portugal and Brazil and were adopted by the two teacher formation institutions cited, from individual interviews involving eight trainer teachers (four from each university), and from two group-interviews (one in each institution), done with students in training. Our analysis is divided into three stages: first, document analysis; second, analysis of the discourse of the teachers in both contexts studied; and, third, analysis of the speech of the students in training. It is noteworthy that our purpose in this research was not to come out with a definition like being a teacher of Portuguese is X, but we are interested, above all, in discussing the issues surrounding initial formation, seeking different points of view, and hearing voices coming from different social positions for better understanding our object of study. Our analysis reveals that the initial formation of teachers of Portuguese, both in Portugal and Brazil, occurs in a complex way, under the influence of various factors, including: (a) difficulties in having the individuals involved adapt to the demands of regulatory agencies; (b) students and teachers adequacy to the organizational model of the post-secondary institution; (c) teachers difficulties to deal with the learning problems of students who have limited schooling basis and come from distinct socioeconomic realities; (d) a search for the establishment of methodologies for teaching and learning the Portuguese Language more adequate to reality; and (e) a search for a definition of professional knowledge needed for the teaching practice
Resumo:
In 1956, Luís da Câmara Cascudo published his book Geografia do Brasil Holandês. In this book, he studied and described a space - the Dutch Brazil - from a geographical and historical perspective. To do this, he articulated both perspectives from the point of view of his own reading of the History of Nordeste , establishing a dialogue with the historiographical tradition of the study of the Dutch Brazil in Pernambuco. When portraying the Dutch presence in Nordeste, Cascudo articulated a drama in which the Dutch would have their history described as a typically tragic plot, portrayed as if they were already condemned to failure in advance. To this tragedy he opposed a predominantly comic Portuguese plot, as if the Portuguese victory over the Dutch was as desirable as inevitable for the space of Nordeste . When narrating the clash between the Dutch and the Portuguese for the space of Nordeste , however, Cascudo ended up delineating his own place of speech, as a spokesperson for the identity of the potiguar space in opposition to the pernabucano space described by Freyre and Gonsalves de Mello. In this way, the space of Rio Grande do Norte would have its own identity, constructed from de Dutch absence and constituted from the Portuguese legacy contrarily to the space of Pernambuco, narrated from an articulation and a conciliation of the Flemish and Lusitan legacy, even though highlighting the latter. While the Dutch would had been a constant presence in the history of Pernambuco for Freyre and Gonsalves de Mello, they wouldn t have gone beyond legend in the space of Rio Grande do Norte, removed from its geography and erased from its history. When describing de geography of the potiguar space, therefore, Cascudo articulates the inexistence of the History of a time dominated by the Fleming with the search of a Portuguese space, trough the narration of its origins and constitution, as well as the registry of the characteristics of its legacy
Resumo:
Psychologist s social commitment in scientific articles published in scientific papers in Brazil. A situation analysis of the scientific production concerning psychologist s social commitment can aid the historical constitution of this theme and also subsidize reflections about the course of this profession in Brazil. In order to contribute to this debate, the theme social commitment of psychologist was analyzed in the scientific literature concerning psychologist profession in the country. Specifically, papers about the profession that mentioned the theme social commitment were characterized and their approach of this matter was analyzed. In order to accomplish these goals, two research stages were fulfilled: first, in a systematic search for scientific literature in internet databases, studies about the psychologist profession in the country were gathered; in the second stage, scientific papers relating to social commitment in their titles, abstracts or keywords were selected. 61 papers were retrieved, organized in electronic database and full-text analyzed, based in two axis: scientometric and thematic. The papers were identified, in general, as recent, of theoretic character and aligned with several Psychology subareas; mainly produced in public universities, in country s southwest; were of conjunctural interest to the authors research projects, individually published, by professors in touch with post-graduation; published in open access journals, with high Qualis evaluation. It was verified that there is no consensus on the meaning of the theme, prevailing definitions concerning the understanding of the social reality, to the majority of people or to a progressive-aligned professional performance. Are adduced as committed agents: the psychologist (sometimes together with other kinds of professionals or with users), the academia, and the representative entities of the profession. Depending on the subareas and the nature of study, all papers mentioned at least one of the following criteria: expansion of target-audience, renewal of practices, political direction, defined theoretical approach or adequate technical competence, sometimes relating each other. In short, psychologist s social commitment is a contradictory issue which have earned projection in scientific literature, reiterating the historical custom of evaluate the psychologist profession. As conclusion, it is regarded as indispensable to intensify the reflection about the role whose psychologist plays in a class-cleaved society and the limits and potentials of his performing in that framework.
Resumo:
The reality points to the global environmental sustainability as the only viable option for addressing the crisis at hand. The move towards sustainability calls for the generation / evaluation systems in their direction, through the incorporation of environmental requirements and in line with the National Policy on Solid Waste. Therefore, the proposed research supports the importance of social and environmental vision, complementing the technical view, the system for management of solid waste from East London, which is a municipality that has a system whose inadequacies are configured in environmental risk and health. Therefore, by observing, applying the model of sustainability indicators and content analysis of interviews, this research proposes to investigate the principles of sustainability and social participation are presented and what is the perception of risk about the inadequacies in the system. The results confirmed the hypotheses of the study and draw a picture of worrying data, such as very unfavorable indicators of sustainability, lack of channels of participation, uncommitted investments with the management system, devaluation of the collector of waste and differing perceptions about the risk by making actors act in isolation. This worrying situation is eased by the appearance of a series of elements are configured as opportunities for the integration of environmental principles in the system. And despite the inability of managers to participate in the research system, yet it behaves as an opportunity to implement public policies in the area of solid waste such as: the preparation of the municipal waste, the institutionalization of selective collection and organization of cooperative with the support of companies present in the city and educational institutions as the Federal Institute. The research is an opportunity for the implementation of policies in the area of solid waste and will collaborate with the building instruments for the quality of life of residents, for the socioeconomic conditions of collectors and the move towards a sustainable society
Resumo:
The Federal Constitution of 1988 gave special treatment to the issue of the environment, raising this diffuse right to the status of a fundamental right. In order to preserve it, the constitutional order is provided with various means to this purpose, including the possibility of using taxation. Several principles both constitutional, as infraconstitucional, support the use of taxation as a legal instrument to protect the environment. There is an intense legal debate about the suitability, characteristics, purposes and principles which underlie and restrict the environmental taxation. Discussions and proposals for reform of the tax system in order to include the ecological aspect at its core have been developed. The use of taxation as a way to fund public expenditures related to environmental causes, promote the internalization of negative externalities and as a way to induce behavior to benefit the environment finds support in the Brazilian legal system. This paper seeks to demonstrate that the national tax system is fully able to act as a tool available to the state for the implementation of the fundamental right to an ecologically balanced environment, whether through the taxes fiscal role or due, mainly, through the phenomenon of extrafiscality. Also, it is intended, through doctrinal, jurisprudential analysis and concrete cases, to investigate whether the tax system can be effective in protecting the environment in the way it is currently constructed, or if there is need to proceed with changes in its structure in order to achieve this goal
Resumo:
The normative construction of the public security system in the Constituent Assembly of 1987-1988 preserved paradoxical normative space, the military police linked to the Army with a restrictive legal statute of the police offices citizenship through a hierarchical and disciplinary model that is anachronistic. This research originates from the following problem: How is it possible to tailor the constitutional system of public safety, specifically the Military Police, according to the democratic paradigms constructed by the Constituent from 1988 and carry the right to public safety under these molds? The militarists limitations of the Constitution allowed the growing militarization of police departments, organizational culture and authoritarian institutional practices. Underlying this, the problems related to difficulties in realization of Right to Public Safety, the strikes of the military police, the incomplete policy cycle started demanding from the constitutional-legal system appropriate responses. Utilizing the dialogical method and an interdisciplinary approach to the subject, and theoretically grounded in overcoming of the constitutional normativist juspositivism.It was found that the constructed infraconstitutional legislation was insufficient to supply the systemic shortcomings of constitutional law, when looking to create a single system of public security without giving due scope to the federal principle and expand the autonomy the Federated States, and even grant democratic legal status to the military police. Formal legal limits imposed by the Constitution constructed a legal anachronism, the military police. Thus, a democratic reading of military police institutions becomes inconceivable its existence in the constitutional regulatory environment. Thus, reform the Constitution in order to demilitarize the police and conduct a normative redesign of the public security system is fundamental to Brazilian constitutional democracy
Resumo:
This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.
Resumo:
The work referred to above, in order to contribute to the legal issues, economic, political and social of the violation of social rights, performs even firmer approach to various implementation mechanisms of social rights in Brazil. Therefore, it begins the study dealing with aspects and important characters of the rights under discussion, as its normative forecast, concept, classifications; respect of social rights with the existential minimum; the principle of reservation of the possible and the need to use this principle as optimization commandment of state resources and the deficit of the realization of social rights in the country. This, in later chapters, in an interdisciplinary approach, challenges and proposals for the realization of social rights by bringing in each chapter, mechanisms for such implementation. That way, as a general objective, it has been to contribute to the discussed problems, when present proposals for the realization of social rights in the Brazilian context. As specific objectives, as well as record the key aspects of the rights in allusion, the one has to promote the perspective of economic development and taxation as posts instruments that the State must be focused on the promotion of social rights by registering in this context that nonexistent economic development without reducing poverty, misery and social inequality and adding that there should be a directly proportional relationship between the tax burden in the country and the human and social development index; analyze the achievement of budget control as essential and healthy measure for the realization of social rights; highlight the importance of society to the achievement of unavailable social interests, affirming the need for the implementation of participatory democracy and, in this line, brings knowledge of the Constitution and the constitutional sense as elements that provide the constitutional progress. Finally, it presents a study on public policies, considering that these are equivalent to the primary means of the promotion of social rights. That way it analyzes the stages that integrate public policies, ranging from the perception of social problems for evaluation and control of the policies implemented; debate about the administrative discretion in when it comes to public policies; brings the classification of essential public policies, the relationship of these with the existential minimum, control parameters and, finally, the legalization of public policy, regarded as legitimate to remedy the unconstitutional state failure and give normative effectiveness and strength to the defining constitutional rules for fundamental social rights. It uses to achieve the objectives outlined, the bibliographic and normative approach method and performs an analysis of jurisprudence related understandings to matter. In the conclusions, it rescues the most important aspects elucidated at work, with the aim of giving emphasis to the proposals and mechanisms that contribute to the solution of the discussed problems.
Resumo:
Textual composition in classroom has been object of research in language studies along this last three decades in Brazil. This thematic recurrence occurs is a demonstration of the gap between writing skill teaching and learner‟s performance. In this research, we argue that during writing process in classroom, teachers‟ mediated actions guide students to the exotopic exercise on their texts, facing it as a fundamental phase of their composition, with meaningful effect for the development of textual authorship. In this sense, we have chosen as investigation focus the textual composition of Letters Students at Universidade do Estado do Rio Grande do Norte – UERN - to study writing processual characteristics, based on teacher‟s mediation. The main aim of this research is to analyze students‟ (re)writing along Letters Course, to comprehend the process of authorship construction in their texts and the effects resulted through teacher mediation in this process. More specifically, a) to analyze teacher mediation as a mechanism for authorship development in texts composed by Letters Students; b) to deduce, based on different versions of textual composition, the effects of teacher mediation on students‟ writing; and c) to describe compositional textual process in classroom, identifying students‟ attitudes/behaviors before writing task. We have brought several voices into the dialogue, among them we highlight those based on bakhtinian studies. Some of those authors are related to Bakhtin circle, by themselves (BAKHTIN/VOLOCHINOV, [1929] 2006; BAKHTIN, [1979] 2003; [1963] 2008; [1975] 2010a; [1986] 2010b), their debaters (FARACO, 2008, 2009a, 2009b, 2010; PONZIO, 2010, 2012; GERALDI, 2010a; 2010b OLIVEIRA, 2006, 2008a, 2008b, 2010, among others), to guide us, mainly, on dialogism, author and authorship, and their conceptual implications: exotopy, finishing, esthetic activity, and ethical act. Data was constituted in teaching situation, involving teacher/researcher and 5th Term Letters/UERN students. Therefore, we have submitted an open questionnaire, textual discussion, and an article (re)writing. Data analysis has revealed subjects‟ little experience with writing composition in the Course, as a systematic practice, in their routine, dialogued, whose social function is explored. The texts are generally written in a single version and useful only to receive a score. Data analysis show insecure students in relation the writing, and with many difficulties to do it. On the other hand, writing movements, on the analyzed articles, have revealed that the subjects show a responsive attitude in relation to the mediated activities, to respond rewriting proposal. Despite some problems remain unsolved and many others emerge in each version of the article, in general, we consider that teacher mediation had a positive effect on student writing, considering that it boosted the author exotopic movement, something indispensable to compose a text. The three interventions carried out, in some way, provided opportunity for the subjects to modify their article.
Resumo:
Textual composition in classroom has been object of research in language studies along this last three decades in Brazil. This thematic recurrence occurs is a demonstration of the gap between writing skill teaching and learner‟s performance. In this research, we argue that during writing process in classroom, teachers‟ mediated actions guide students to the exotopic exercise on their texts, facing it as a fundamental phase of their composition, with meaningful effect for the development of textual authorship. In this sense, we have chosen as investigation focus the textual composition of Letters Students at Universidade do Estado do Rio Grande do Norte – UERN - to study writing processual characteristics, based on teacher‟s mediation. The main aim of this research is to analyze students‟ (re)writing along Letters Course, to comprehend the process of authorship construction in their texts and the effects resulted through teacher mediation in this process. More specifically, a) to analyze teacher mediation as a mechanism for authorship development in texts composed by Letters Students; b) to deduce, based on different versions of textual composition, the effects of teacher mediation on students‟ writing; and c) to describe compositional textual process in classroom, identifying students‟ attitudes/behaviors before writing task. We have brought several voices into the dialogue, among them we highlight those based on bakhtinian studies. Some of those authors are related to Bakhtin circle, by themselves (BAKHTIN/VOLOCHINOV, [1929] 2006; BAKHTIN, [1979] 2003; [1963] 2008; [1975] 2010a; [1986] 2010b), their debaters (FARACO, 2008, 2009a, 2009b, 2010; PONZIO, 2010, 2012; GERALDI, 2010a; 2010b OLIVEIRA, 2006, 2008a, 2008b, 2010, among others), to guide us, mainly, on dialogism, author and authorship, and their conceptual implications: exotopy, finishing, esthetic activity, and ethical act. Data was constituted in teaching situation, involving teacher/researcher and 5th Term Letters/UERN students. Therefore, we have submitted an open questionnaire, textual discussion, and an article (re)writing. Data analysis has revealed subjects‟ little experience with writing composition in the Course, as a systematic practice, in their routine, dialogued, whose social function is explored. The texts are generally written in a single version and useful only to receive a score. Data analysis show insecure students in relation the writing, and with many difficulties to do it. On the other hand, writing movements, on the analyzed articles, have revealed that the subjects show a responsive attitude in relation to the mediated activities, to respond rewriting proposal. Despite some problems remain unsolved and many others emerge in each version of the article, in general, we consider that teacher mediation had a positive effect on student writing, considering that it boosted the author exotopic movement, something indispensable to compose a text. The three interventions carried out, in some way, provided opportunity for the subjects to modify their article.