Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

Direitos da personalidade: uma análise acerca da concretização da tutela constitucional

It dares to ensure that the Constitution of the Republic strengthened the rights of personality. No longer considering the denial of protection to intangible rights, against the imperative command coming from the art. 5 ° of our highest law, relevant to items V and X. Overlooking these emerge with precision, those rights of personality. Innocuous have been isolated attempts of the opposition to this constitutional protection. Deny it, or rather to restrict it, as it has done insignificant part of the doctrine and isolated judgmental pronouncements, no longer prove appropriate. Today, more than before, there is pointed out that if the human being has personal rights acquired from the design, adding to this other identity elements that allow the projection of a particular social personality. Such rights, it is worth mentioning, there are bases on the principle of human dignity that is considered general provision for the protection of personality. Based on the demonstration of this fact, after climbing into the general theory of personal rights and demonstrate the legal protection that has been present in his favor, it is hoped will, general objective, to show the effectiveness of this constitutional protection. At that point, will be reserved for special to the procedural tools that it has made a decisive contribution to the realization and effectiveness of the rights of the personality, a reality that must be imposed for the benefit of the dignity of the human person, presented here as basic foundation of the Democratic State of Law. The brazilian legal system provides the normative basis needed to provide an adequate protection to personality, from the general clause of the protection of the personality. For the achievement of its effectiveness, however, is an important update methodological and cultural of the Right as well as an effective deployment of public policies and private ensuring a better quality of life for citizens

Os direitos humanos e a jurisdição constitucional brasileira no estado democrático de direito: a legitimidade contramajoritária no contexto do constitucionalismo pluralista

Os Direitos Humanos, compreendidos como o conjunto de direitos indispensáveis à efetivação da dignidade humana, encontram-se, atualmente, no centro das discussões e relações jurídicas internacionais e nacionais. Seu amplo reconhecimento em nível mundial e a universalização de seus preceitos centrais alçaram o Direito Internacional a um nível de evolução e de relacionamento com o Direito Constitucional que se mostram impassíveis de serem ignorados pelas jurisdições nacionais. Encontrando-se tais direitos na base do constitucionalismo moderno, o que os mantém em estreito relacionamento com o pluralismo e a democracia, faz-se imperioso recordar-se que as noções jurídicas que os animam serviram de base histórica e genética ao reconhecimento e à positivação, em nível constitucional, dos assim chamados direitos fundamentais. Em sintonia com a especial deferência que se tem ofertado aos direitos humanos na sociedade contemporânea global, nossa Constituição positivou entre os princípios regentes de suas relações internacionais ordem expressa de prevalente respeito aos tratados internacionais estabelecedores desses direitos, além de ter possibilitado a recepção desses pactos em nosso ordenamento jurídico, inclusive a título de preceitos constitucionais, conforme Emenda Constitucional n. 45/2004. Esse tratamento especial, além do processo democrático que conduziu o Brasil a uma progressiva aceitação dos tratados, pactos e convenções humanitários, torna possível a conclusão de que os Direitos Humanos apresentam elementos de diferencial carga legitimadora, podendo contribuir, significativamente para, a legitimação democrática de nossa Jurisdição Constitucional. Também é possível perceber-se que, ocorrente em esferas de poder e de legitimação diversos, em particular a nível internacional, a importância conferida aos Direitos Humanos não resta esvaziada pela ampla proteção constitucional conferida aos direitos fundamentais. Particularmente questionada em sua perspectiva democrática, mormente ante o cumprimento da nominada regra contramajoritária e em face da crescente ampliação de seu poder político, nossa Jurisdição Constitucional não pode mais permanecer alheia aos condicionantes determinados pelas amplas imbricações que se desenvolveram no estreitamento de relações entre o Direito Constitucional e o Direito Internacional dos Direitos Humanos. Também a crise dogmática ditada pelo distanciamento havido entre o direito posto e a realidade nacional tem implicado em inegável desgaste público da atividade jurisdicional, principalmente da jurisdição voltada à proteção constitucional. O papel da Jurisdição Constitucional atual há, portanto, de ser cumprido em sintonia com as normas internacionais de Direitos Humanos, principalmente em respeito às normas constitucionais pátrias que ordenam a prevalência desses direitos nas relações internacionais. Nesse sentido, pode e necessita nossa Jurisdição Constitucional valer-se do particular potencial legitimador das normas definidoras de Direitos Humanos, reconhecendo e efetivando tais normas e adequando-se às tendências modernas que a elas conferem especial proteção, num processo dialético de inolvidável natureza democrática

Ateliês de história e pedagogia da matemática: contribuições para a formação de professores que ensinam matemática nos anos iniciais

This paper presents a discussion about the use of the History of Mathematics as an educational resource and conceptual mediator in the formation of teachers who teach mathematics in the years of elementary school. It was a qualitative action method, in order to show the importance of holding workshops of History and Pedagogy of Mathematics as contribution to overcome the conceptual difficulties of teaching and teachers regarding the content covered in the course of education and afterwards they have to teach in the early of elementary school. We assume that understanding the historical, social and cultural comprehension as a conceptual and didactic focus effectively nurture the pursuit of a teaching and learning of mathematics students safe and justified in order to contribute to overcoming the difficulties of teaching and learning usually occurred in the classroom of the early years. In this sense, we organized a study group formed by students of Bachelors in Education and Mathematics at the University of Piauí. We developed five training workshops in History and Pedagogy of Mathematics, with a workload of 20 hours each and four follow-up sessions and advicement, totalizing 180 hours. The purpose of workshops was to develop studies on the History of Mathematics that could support the formation of a conceptual and didactic group with a view to prepare teaching materials and activities based on information drawn from undertaken historical studies .The products designed were used in formation of the group itself and will later be used in training teachers of public school in Teresina, in the form of workshop of History and Pedagogy of Mathematics in order to overcome problems arising from teaching and conceptual this education degree in Education Based on the obtained informations it was possible to suggest new referrals procedural level of education and university extension that may contribute to the reorientation of initial and continuing training of teachers in the early years elementary school

Investigação histórica nas aulas de matemática: avaliação de duas experiências

This study reflects on some procedural aspects about the development of mathematics learning from the experience with investigative activities concerning the resolution of second degree equation, which was tested a proposal for education, supported the use of texts in history of mathematics. The survey was conducted in two stages, taking the first-served basis for the second, which was carried out with a study group remainder of the first experiment. The intention was to investigate how the group participant, known as the study group, involved in the implementation of activities of research in mathematics, supported the use of the history of mathematics. Based on the results achieved during the study, it was possible to understand that the activities of research enable the development of students, range of learning mathematics and the development of skills and expertise for research as a vehicle for construction of their mathematical knowledge. This approach proposed research into the classroom is important, both for prospective teachers of mathematics and for students from elementary school, bringing a new phase for mathematical education that will come to schools

Os desdobramentos do feminino na poesia de Florbela Espanca

This work has the purpose to analyze the female images unrolled at the Florbela Espanca (1894 -1930) poetry of her three books published, Livro de Mágoas (1919), Livro de Sóror Saudade (1923) e Charneca em Flor (1931, posthumous), showing how the female mythic constituents Eve and Lilith advance among the books, delineating the female image which culminates to the female poet image, free of moral conventions and social principles in the beginning of 20th century. For this exam, we will apply the Imaginary criticism, and realize a short explanation about mythic archetypes theories from C.G. Jung, Mircea Eliade, E. Meletínki and Gilbert Durand, theories that will lead us to make the connection between the mythic constituents and Nietzsche tragic constituents, from which we will explain how these female mythic images associated to reason and unreason mythic constituents, unrolled at the Florbela poetry, also reveal the tragic esthetic at her work

Ação de impugnação de mandato eletivo: análise constitucional e novas perspectivas

This study is developed in setting in which the Federal Constitution of 1988 completed 22 years of validity, as well as in general elections (national and state) in country. From this perspective, there are multiple reflections, especially on the constitutional mechanisms of popular sovereignty consolidation, the integrity and legitimacy of elections and democracy itself. It has appeared timely, therefore, to examine the development of ensured instrument of these precepts. Thus, it is approached as an object of research to Action of Impugnation to the Elective Mandate- AIEM, under Art.14, § 10 and § 11 of the Constitution of 1988, considering its constitutional and electoral reasons. It is then aimed to review the second AIEM conceptions of scale, systematic interpretation, preservation of constitutional rights and its effectiveness. Specifically, it is analyzed the Action as to the forms of power that relate to this. then it is examined the democracy principal aspects related to the issue. Without being followed, it is the democratic situation in which it is operated. They are also examined the political rights, especially regarding restraint applied to ineligibility and the possibility of integrating the effects of an impugnatory origin. Following, it has been discussed the formation of an early panorama, consisting of constitutional principles applied to electoral constituencies and eminently procedural principles and, according to which subsidizes the operations of such Action. After that, addressing the Election Law, including its concept, its sources, the Electoral Court and its peculiarities and functions. It is also considered the elective office as to its definition, characteristics and ways of accessing and extinguishing it. Afterwards, the Action of Impugnation is studied from its historical evolution of laws, legal, concept and goals. Expanding on the theme, it s highlighted about their chances of traditional appropriateness (economic power abuse, corruption and fraud) and modern (abuse of economic power intertwined with political) business, including the suggestion of suitability in case of abuse of unique political power. It was also identified the injurious potential demand affecting these illicit to enable the Action. Subsequently, other relevant aspects were explored, such as the legitimacy ad causam, competence, secrecy, procedure, recklessness, bad faith, the purpose of the merits and manageable resources. In the end, it is demonstrated an evolution of AIEM, however, still insufficient to reach full intentions that rise it. It is proposed therefore to re-read the action from news perspectives, based on constitutional and electoral precepts, as well as wider interpretation of the appropriateness of their assumptions of suitability and effects, according to a systematic interpretation, all aimed at the preservation of constitutional rights and their own effectiveness

As dunas eólicas de Natal/RN: datação e evolução

The main purpose of this study is to present complementary information on eolian systems that occur in the Center-South portion of the city of Natal, Rio Grande do Norte State, Brazil. The investigation focused on the identification of eolian units, absolute luminescence dating of eolian sediments, to geophysical analysis by Ground Penetrating Radar (GPR), as well as qualitative identification of the use and terrain occupation in the study area. A map was elaborated in order to separate eolian geological units, and describe their deposicional and erosional characteristics, by aerial photo-interpretation. The study lead to the identification of six main units: Unit I - Blowouts (BW), Unit II - Active dunes field (DA), Unit III - Fixed dunes field (DF), Unit IV - Parabolic dunes field (DP), Unit V - Red parabolic dunes field (DV) and Unit VI - Devastated dunes surface (SD). Were analised by Termoluminescense (TL) Method Eight samples from units I, III, IV and V. The largest number of samples with similar or close resulted yielded ages about 15,000 years. Two GPR profiles were obtained in areas of the Dunes Park, near the "Natal s Conventions Center". Results showed the migration a new dune generation over on older one, the geologic contact between dunes and the Formação Barreiras (FB), and the groundwater level inside the dune unit. The qualitative study on the use and terrain occupation of the soil in some dunes fields in the study area, it was possible identify some use and occupation, as the following ones: the construction of residential and commercial buildings, dunes fields cutted for construction to access road and garbage deposition

Extrafiscalidade: análise da norma potiguar regulamentadora do imposto sobre propriedade veicular automotora à luz da tutela ambiental

From the second half of the twentieth century the state bega n to use exaction beyond your fiscalist character, also as a means of alignment deformities economic and social balance, influencing in different directions, according to economic, social and political policy. It is what is usually called the extrafiscalit y. It is in light of this phenomenon and the constitutional perspective, the present work aims to analyze item IV of article. 8 of Law n. 6.967/96, regulatory Property Tax Vehicle Automotive (property taxes) in the State of Rio Grande do Norte, in view of its possible incompatibility with the principles of the Basic Statute and with international guidelines for protection of the environment The problem of this research is Seated in art. 225 of the Constitution, which provides that everyone has the right to an ecologically balanced environment. From the reading of this standard, extracted it is the responsibility of the state protecting the environment, which requires the adoption of suitable actions to that end. However, we look to state law cited follows th e constitutional path, since it exempts the collection of property taxes automotive vehicles with over 10 years of manufacturing, which could encourage the conservation of a fleet of old vehicles, mostly more polluting and harmful to the environment and hu man health. Would the state legislature oblivious to the constitutional principles and the global trend of environmental preservation? Thus questions whether such an incentive for more polluting vehicles, emitting more gases in the atmosphere. Moreover, th e international community is already moving through important conventions in an attempt to minimize and control global warming and climate change. Predicting the theme in CF/88 demonstrates that the country is no stranger to the issue. Thus, the work is a retelling of Law No. 6.967/96 order to check whether it is compatible with the existing system. The methodology consists of a documentary, deductive, dialectical literature. At the end of the survey, it was found that provide a tax benefit to these vehicle s is encouraged to maintain them in circulation and contribute to the increase in air and noise pollution, in addition to the traffic problems generated. Thus, this potiguar anything standard can be expressed extrafiscality because the medium and long term there is encouragement and worsening environmental problem. Despite the ability to pay clause, but this remission is an affront to legally protected interests. Thus, this device goes in reverse order compared to the values of the legal system and in relat ion to sustainable development. Modern Tax Law should be used as a tool to achieve the purposes collimated by the State, and not otherwise. It was noticed that the vast majority of Brazilian states does not follow this rule, including Mato Grosso and Minas Gerais have no such exemption. Therefore, the RN State does not constitute a model for sustainable public policies, nor example of environmental protection by state law.

A negociação coletiva como instrumento de efetividade do direito fundamental à igualdade

Equality as a principle and as a legal rule, integrates brazilian constitutional order since the Constitution of 1891, constituting the target always be sought, built and promoted by the state and society as a whole. Also e xs urgem for protection of equality and non - discrimination, declarations and international treaties, mostly ratified by Brazil. The international protection of human beings with intrinsic value began in the UN Declaration of 1948, which declared the equality of all men in rights and dignity, followed by more specific international documents, in a growing movement of ratification of international standards protection of human rights occurs after the atrocities during the Second World War. Within the Internation al Labour Organisation (ILO), the theme of equality and non - discrimination in employment relationships integrates one of its main conventions, to No. 111, ratified by Brazil since 1965, which aims to eliminate discrimination in respect of employment and oc cupation. In this context, lies the collective bargaining work, with her normative instruments arising from the collective agreement and the agreement recognized constitutionally and with full ability to create and establish standards and conditions for de tails of suitable work for each occupational category and economic having the unions the power and duty to use them as a means of effecting the postulates of equality and non - discrimination in employment relationships, filling gaps in state law and / or su pplementing it, molding them to existing events in the capital - job. Driven by greater freedom contained in the Constitution of 1988, trading, and with it, the private collective autonomy, in fact, have included the issue of equality and the right to differ ence between clauses created, scheduled to affirmative action and sealing exclusionary conduct, and reported some positive outcomes, such as greater diversity in work and training followed by admission of persons with disabilities environment. These attitu des of union entities and employers should be broadened because corroborate the fulfillment of constitutional requirements for compliance with the international declarations, adapting them to the reality of labor relations and contributing to the construct ion of equality in the pursuit of social justice with the recognition of the right to be different with respect to the inherent dignity of the human condition.

Papel da extensão e do trabalho junto à comunidade na formação médica

SILVA, Thiago Demétrio Nogueira Costa e; CORRÊA, Edison José; MARANHÃO, Técia Maria de Oliveira. O papel da extensão e do trabalho junto à comunidade na formação Médica. Revista Eletrônica Pesquisa Médica, v.1, n.3, p.9-13, jul./set. 2007

"O que é que há? O que é que está se passando" nessas cabeças? : um estudo sobre a concepção de projetos recentes da arquitetura residencial unifamiliar em Natal

L étude se fonde sur la recherche du processus inhérent à la conception du projet par le biais de l approche architecturologique proposée par Philippe Boudon et al (2000) ; un modèle théorique qui sert de fondement à la construction d une connaissance de l architecture au moyen d une étude de la nature des opérations mentales de chaque architecte lorsqu il organise son travail de conception. La modélisation de l architecturologie concentre son étude sur le travail qui a lieu avant même la confection matérielle du projet (représentation graphique finale). De cette façon, douze projets furent analysés d architecture résidencielle unifamiliale; conçus récemment par six architectes « potiguares » pour Natal et sa région périphérique. Les résultats mettent en évidence un ensemble de modèles substrats (comme point de départ) et téléologiques (comme point d arrivée) adoptés par les auteurs au cours de la conception de leurs projets. Ces modèles, de façon générale, sont liés aux pertinences socio-culturelles (conventions, formes traditionnelles ou coutumes) du contexte pour lesquels ils sont conçus (lotissements privés de co-propriété des classes moyennes et moyennes-supérieures) et en même temps, ils sont le fruit de croyances, d idéologies et d expériences antérieures propres à l espace de la conception de chaque architecte

O Sangyo em Dolls: um encontro do Bunraku com Takeshi Kitano

This work aims to investigate the relationship between the Bunraku theater and the film Dolls (2002), by the Japanese director Takeshi Kitano. To do so, it was initially done a theoretical study of this theater, detailing its key elements, and thus allowing a direct analysis of the film to be made. The main objective here was to reveal the film‟s connections with the Bunraku. The Sangyo refers to the simultaneous presence of three arts in the Bunraku theater: the narrative, the music and the manipulation of puppets. In Dolls, the director Takeshi Kitano presents a narrative through three different stories, all built with references to the Bunraku. As in the theater the three distinct arts harmonize on stage, in Dolls three separate stories will perform in harmony within the film. By confronting the Bunraku Theater with the film Dolls, the intention is to establish the connections between the scenic language of the Bunraku, the dramaturgy of Chikamatsu and also the cinema of Kitano. These connections allow to the understanding of how characteristics of a secular art, governed by strong rules and conventions, can be presented again through another language: the cinematic language and its particular set of codes and conventions