A construção de um estilo de vida: família e relações de gênero na participação do projeto ético-político renovado

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Efetivação da garantia de defesa no estado constitucional de direito: colisão entre o poder punitivo e garantia de defesa

The domination of the violence for the Rule of law awakened a tension between the practice of the punitive power and the right to counsel. However, throughout the recent history of the Criminal law, this shock of forces has been determined for the punitive power. In this perspective, the present work intends to submit the guarantee of defense to a critical judgment, in search to conciliate its content to the Constitutional State of Right. For in such a way, it will be necessary to recognize the disequilibrium of the situation, but without considering the superiority of any of these elements. The State in such a way must fulfill the function to punish the culprits as to acquit the innocents. Despite the law is far from obtaining a harmonious speech, it is necessary that the defense guarantee coexists the punitive power as part of an only public interest, which is, to make criminal justice. In such a way, the existence of a sustainable balance between the punitive power and the guarantee of defense depend on the minimum interference of Criminal law and, also, of the judicial position in the concrete case. The present work faces, therefore, the moment of crisis of the Criminal law, consolidated with the advent of a new way of thinking according to the procedural guarantees, that will demand the overcoming of the old concepts. The Constitutional State of Right not only constitutes an efectiveness of the regime of the right to counsel, but in a similar way it searchs to accomplish the right of action and criminal justice as a whole. Knowing that the philosophy of the language raises doubts on the certainty, the truth and the judgement, it is imposed to understand that the defense guarantee is no more about a simple idea, but, in the crooked ways of the communication, we intend to find what the judge s function is when he faces this new reality

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

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

A aplicação do acordo sobre subsídios e medidas compensatórias pelo estado brasileiro

The Multilateral Trading System has evolved and presented new international mandatory rules to States. Along with the World Trade Organization constitutive treaty, Brazil has incorporated the Agreement on Subsidies and Countervailing Measures (ASCM) in the national legal system. That treaty limits de scope of subsidies concession by governments since this practice can constitute a mechanism of commercial disloyalty, affecting national industrial development in the importing country. At the same time, the multilateral agreement grants defense legitimate instruments to States, among them the possibility of domestically and unilaterally imposing countervailing measures to subsidized products that enter the national territory. Since the issue concerns both international and domestic level in complementary grounds, this research, besides investigating the treaty related obligation, aims at studying the national legal fundaments to ASCM s application by the Brazilian State. Therefore, the essential point resides in the State s conduction of its international trading and also in its available and constitutionally established mechanisms of economic intervention. State s regulating power reveals itself as a fundamental prerogative to succeed in the internalization of international agreement s requirements in the domestic legal system, which represents a basic prerequisite to the implementation of countervailing measures. Once the whole normative outlines are apprehended, this study shall scan the administrative process of trading defense main elements, along with the means of controlling public administration acts. The action taken by the public organs that directly intervene in foreign trade shall be analyzed as well, so as to enable reasoning if the unilateral application of countervailing duties by the Brazilian State is happening on legitimacy grounds

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

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

A diversidade de lagartos na Caatinga é mediada pelos térmitas?

Intending to explain the extraordinary lizard coexistence levels found in Australian deserts, Morton & James (1988) figured out a hypothesis which defends that the termite diversity would bring about lizard radiation. This study aims to verify the validation of that hypothesis in Caatinga lizard assemblages. This study also objectives verifying if the termite defense mechanisms influence their consuming levels by lizards and if this pattern differs between different lizard lineages. Termites were collected using a standardized sampling protocol of termites. Besides using haphazard sampling, we collect lizards with 108 pitfall traps in each area. Intending to check the linkage between the termite and lizard assemblages, the lizard stomach contents were analyzed and then a canonical correspondence analysis was performed. The presence of nonrandom patterns of diet overlap among the lizard species was also examined. Aiming to check if the defense mechanisms of termite influence their consuming pattern by lizards it was performed a laboratory experiment where termite with different defense mechanisms were offered to lizards of two different lineages. We verified that lizard assemblages do not consume termites according to termite abundance in ecosystems. Furthermore, mean niche overlap lizard species did not differ significantly from that expected by chance. We found that termite chemical defense mechanism does influence the termite s pattern consuming by lizards. These results do not corroborate premises which support Morton & James hypothesis (1988) and point out that lizard do not chose termites based on their abundance, but, trying to avoid consuming termites which exhibit chemical defense mechanisms. This defense mechanism, however, may not be the only explanation to patterns of termite s consuming by lizards.

A escola de aprendizes artífices de natal: república, trabalho e educação (1909 1942)

Crées par leDécret n° 7.566, le 23 septembre 1909, les 19 Escolas de Aprentizes Artífices (Écoles d Aprentis Artisans) stratégiquement situées dans les capitales des états brésiliens, répresentaient l une de plus importantes réalisations pour la formation de main-de-oeuvre qualifiée dans les premières décennies de XXème siècle. Alors, ce travail est constitué par une recherche historique ayant eu pour base les informations apportées par des documents divers (Lois, Décrets, Rapports et Messages Gouvernementales, Livres des Immatriculations) et des nouvelles publiées dans le journal A República, disponibles à l Instituto Histórico e Geográfico do Rio Grande do Norte IHG-RN, à l Arquivo Público do Estado et au Centro Federal de Educação Tecnológica do Rio Grande do Norte (CEFET RN). On montre la configuration que l expérience de l École d Aprentis Artisans a constituée au Rio Grande do Norte à partir de 1909, crée avec le niveau élémentaire jusqu au 1942, quand la Lei Orgânica do Ensino Industrial a changé cet enseignement en le modifiant pour le niveau secondaire. Dans l état du Rio Grande do Norte(RN), ce genre d école a été crée au 3 janvier de 1910. La finalité était la formation des ouvriers et contremaîtres par l enseignement pratique et technique nécessaires aux mineurs qui puissent apprendre un métier. L école du RN a contribuée pour la consolidation du projet politique-idéologique de la construction de la nationalité brésilienne, par des pratiques des contenu patriotique et civique-militaire, en détachant l insertion du scoutisme scolaire comme expression de la militarisation des pratiques éducatives pour le contrôle des corps. Malgré l enseignement professionnel avoir été utilisé pour l imposition des modèles culturelles sous-jacents aux rapports de production capitaliste qui étaient exigés des travailleurs, la Escola de Aprendizes Artífices de Natal a répondue à la demande locale, ce qui renforce l idée que sa création dans ce moment historique a attendu surtout le but politique-idéologique plutôt que celui du développement économique et éducationnel de la population norte-riograndense

Habitus, representações sociais e construção identitária dos professores de Maracanaú

In the last three decades, the subject of the teacher's social identity has been discussed under various theoretical focuses, not only in Brazil, but also beyond our borders. In this thesis, the theme is approached starting from the theoretical proposal that has been developed by Domingos Sobrinho (1994), which is strongly based in the epistemological approach between Pierre Bourdieu’s praxiology and the Theory of the Social Representations formulated by Serge Moscovici. It presupposes that this would make it easier to apprehend the process of construction of social identity of the investigated social group. The universe of the research is constituted by teachers of the fundamental teaching of the municipal district of Maracanaú, state of Ceará, that were active in class-room work there during at least three years, and were registered or had concluded the Course of Educational Formation promoted by UECE in that municipal district. Taking into account that the teacher's social identity is a process in permanent construction, resulting of their daily experiences and of the interferences originated from of the social context, the investigative tasks were implemented in two different stages, although they complement each other. Initially, with the objective of putting in evidence the genesis of the formation of that group’s habitus, an analysis of the family and school lives of eleven teachers who participated in the course was made, using as main sources of data: thematic memorials, semi-structured interviews and observations - inside and out of the class-room – during four school semesters. In the second stage a test of free association of words was applied to 426 teachers, seeking to apprehend the structure of the social representations of family and school – a methodological strategy considered necessary to enhance and identify certain outlines of the habitus in study, besides being in agreement with the theoretical model followed. It became evident from the results that the identity of Maracanaú’s teachers is molded and transformed into a multifaceted dynamic unit that shows successes and mistakes, certainties and doubts. For instance, besides an innovative speech seeking to reassure that teaching is a profession and not a simple vocation or mission, some discourse and attitudes are identified that point to the opposite direction, extolling the school as extension of the family, defending a parental relationship with the students, and looking at certain aspects of daily school life as “sacramental”. However, in the light of science such ambiguities and incoherences are inherent to common sense discourse, where the influences of the patterns and cultural references are present in the process of identity construction of the group, which was confirmed by the research of their social representations of family and school

Aí eu era Antônio Brasil: contribuições de situações didáticas com conhecimentos históricos para a construção da identidade pessoal da criança na educação infantil

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

Habitus, representações sociais e construção identitária dos profesores de Maracanaú

In the last three decades, the subject of the teacher's social identity has been discussed under various theoretical focuses, not only in Brazil, but also beyond our borders. In this thesis, the theme is approached starting from the theoretical proposal that has been developed by Domingos Sobrinho (1994), which is strongly based in the epistemological approach between Pierre Bourdieu s praxiology and the Theory of the Social Representations formulated by Serge Moscovici. It presupposes that this would make it easier to apprehend the process of construction of social identity of the investigated social group. The universe of the research is constituted by teachers of the fundamental teaching of the municipal district of Maracanaú, state of Ceará, that were active in class-room work there during at least three years, and were registered or had concluded the Course of Educational Formation promoted by UECE in that municipal district. Taking into account that the teacher's social identity is a process in permanent construction, resulting of their daily experiences and of the interferences originated from of the social context, the investigative tasks were implemented in two different stages, although they complement each other. Initially, with the objective of putting in evidence the genesis of the formation of that group s habitus, an analysis of the family and school lives of eleven teachers who participated in the course was made, using as main sources of data: thematic memorials, semi-structured interviews and observations - inside and out of the class-room during four school semesters. In the second stage a test of free association of words was applied to 426 teachers, seeking to apprehend the structure of the social representations of family and school a methodological strategy considered necessary to enhance and identify certain outlines of the habitus in study, besides being in agreement with the theoretical model followed. It became evident from the results that the identity of Maracanaú s teachers is molded and transformed into a multifaceted dynamic unit that shows successes and mistakes, certainties and doubts. For instance, besides an innovative speech seeking to reassure that teaching is a profession and not a simple vocation or mission, some discourse and attitudes are identified that point to the opposite direction, extolling the school as extension of the family, defending a parental relationship with the students, and looking at certain aspects of daily school life as sacramental . However, in the light of science such ambiguities and incoherences are inherent to common sense discourse, where the influences of the patterns and cultural references are present in the process of identity construction of the group, which was confirmed by the research of their social representations of family and school

Ave! Mossoró! : os mecanismos discursivos sobre o episódio da resistência ao bando de Lampião

This thesis has as objective the interdiscursive relations in the process of language construction in use in the poetic and in the journalistic spheres, with the purpose of perceiving how the genre news is constituted in different fields of social activity, as well as to analyze the argumentative processes that structure the written discourses about the resistance episode to the group of Lampião in Mossoró in the year of 1927. The corpus of the research is constituted by the news of the period informed in the printed newspapers: Correio do povo and O Nordeste, both from Mossoró/RN, and the narratives presented in the cordéis de acontecido : Mossoró in the resistance to the group of Lampião; Lampião in Mossoró in 1927, and Mossoró attacking to the group of Lampião, all potiguar poets. The analysis of the texts had as theoretical background the studies of: The texts analysis had as theoretical background The Discourse Analysis; The Argumentation Theory and the studies about Discourse Genres. We focused our discussion in the emphasis given to the news in the discursive perspective of the social-historic memory constructed in the cordéis, from ideological values (political, economical, religious etc.) that pass to be a fundamental element in the constitution of the image of the resistance. Methodologically, this is a documental research, since it makes use essentially of the written document. Regarding to the nature of the data, the research is characterized as a qualitative one. In the analysis, we considered the argumentative techniques adopted in the defense of the thesis, the meaning effects suggested, and the genres mentioned, that revealed to us the manner in which the episode was informed by the newspapers and the cordéis. That way, we affirm, based on the positions assumed by the announcers of the genres analyzed who defended clearly positions in favor of the defense of Mossoró, that the relation between both is captured interdiscursively, since they are asked by the same ideology, and converge to the same discursive formation, defending identical positions, and structuring their discussions with resembling argumentative techniques, reason by which take us to believe that the discourse presented in that social activity demonstrates and develops traces of a manipulation of the subject. In this case, the discursive construction of the text points towards determining standard of repetition, since the linguistic context is characterized in the journalistic field, and in the poetic field assuming, in the first instance, a local expression

Conectores sequenciadores e e aí em contos e narrativas de experiência pessoal escritos por alunos de ensino fundamental: uma abordagem sociofuncionalista

In this dissertation, based on two theoretical frameworks, American functionalism and variationist sociolinguistics, I take as subject the sequence connectors E and AÍ, which has the grammatical function of indicating retroactive-propeller sequenciation of information. I analyze the variable use of these connectors in texts written by students from two public schools in the city of Natal, RN, attending at the time of data collection (the year 2012), two distinct levels of basic education: the sixth and the ninth year. The students who contributed to this research wrote, as part of their activities in the classroom, texts of two narrative genres: narrative of personal experience (non-fictional) and short story (fictional). In addition, these students and their Portuguese teachers answered a test of linguistic attitude in which they gave their opinions regarding the appropriateness of the use of connectors E and AÍ in contexts of speech and writing marked by distinct degrees of formality. The results obtained by means of quantitative analysis showed different tendencies of linguistic, social and stylistic distribution of connectors E and AÍ in the narrative texts written by the students. I related these results to the action of two principles: the principle of persistence, linked to the process of change by grammaticalization, and the principle of stylistic markedness. Besides, I took into account the answers provided by students and teachers to the test of linguistic attitude for refine the interpretation of the results

Conveniência e plausibilidade da proposição de que justiça é harmonia n A República de Platão

This thesis endorses the interpretation that in Plato`s Republic the argument made by Thrasymachus in which justice is the convenience of the most powerful one is implicitly accepted by Socrates. Although Thrasymachus´ discussion does not show any similarity with the argument of Socrates, it proposes a sarcastic and ironic comment on political life. Socrates accepts this comment to develop a more refined notion of the category of the most powerful ones. While Thrasymachus assumes that the convenience of the most powerful ones includes the power to subordinate all and everything to their individual pleasures, Socrates admits that the most powerful ones are defined only by their characteristic of being able to hold power in perpetuity. In this context, the main theme of The Republic is that the harmony between the functional classes of the city is convenient for perpetual power. For preservation of harmony, the functional class of the most powerful considers the convenience of forsaking a possible monopoly on pleasure towards a redistribution that promotes harmony, which also makes it convenient for the other classes. Thus, we can explicitly say that the most powerful ones believe in a sense of justice as convenience for everyone, but implicitly believe only in the argument that justice is what is convenient for themselves. Since convenience is what promotes harmony between functional classes, it becomes convenient to Socrates to believe that the understanding justice that the most powerful ones have is not publicly disclosed. The notion that all the speculation of the dialogue between the characters cannot be true, but, at best, only plausible and convenient is also part of the central argument in The Republic. Socrates needs to modify the nature of the functional classes through a targeted program of sexual reproduction and a program of ideological indoctrination so that the proposal to promote harmony through the elements of the city, declaring that justice is in favor of the weakest becomes a more plausible and convenient speech. To make the new system more plausible, Socrates develops a metaphysics based on the mathematical notion of harmony, such metaphysics serving the official rhetoric of the political regime presented by Socrates

Palavras da maldição: O Ceará de José Alcides Pinto entre símbolos e alegorias.

This work treats about the speeches that produced the crisis of symbols of Ceará, researching on matters and ways of expression of space between 1950s and 1970s. Therefore, we search discursive practices that since the end of nineteenth century built the identity of Ceará and in the middle of twentieth century produced the crisis of modes of seeing and telling the space in front of enunciations of the national modernization, especially with the emergence of politics by SUDENE to the Northeast, the progressive actions by Catholic Church, the defense of tradition by regional literature of union of Ceará Clã. The contradictions between the glorification and fear the modernization of Brazil produced on the space speeches that his identity would be fractured, that the old symbols of drought, cangaço, mysticism and colonels declined. Among analyzed speeches, we centered the analysis of Trilogia da Maldição formed of novels O Dragão, of 1964, Os Verdes Abutres da Colina and João Pinto de Maria: a biografia de um louco by José Alcides Pinto. In this novel, the enunciation of the crisis of symbologies about the space produced another aesthetic, the allegory, which, mixed with the mystical and melancholy, in search of ways to restore the language of the old themes Ceará, drop of Ceará the same stigma of anti-modern space, where the images of delay changed icons of a fractured identity in front of the modern streams, where the word was transformed in the dimension precarious and redeemer of the tradition, of old, of nature, of the plenitude of senses. In Jose Alcides, the colonel returns as the origin of the lost space, the drought is the revolt of God against the devil place, the apocalypse, the end imminent threat to the village, signs that fantastic, however, are in dialogue with the settings space and time in which they were produced