Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

Contribuição ao estudo da isonomia na tributação sob a perspectiva da ordem econômica

The study aims to investigate the limits of state intervention via induction on Economic Order, especially in cases regarding tax equality, through the analysis of their effects on economic development and on free competition from the perspective of economic efficiency and the Constitution. Thus, the work seeks to demonstrate that the achievement of equality in taxation is important in that it strengthens the economic relations in terms of efficiency, protects competition and fosters economic development to reduce regional and social inequalities and other constitutional desiderata. A dissertation is characterized by interdisciplinarity and was divided into two parts. The first is to discuss the legal meaning of equality from the doctrinal analysis of the principle and the relationship between equality and justice in the economic sense without rejecting its philosophical content. It is noteworthy that hermeneutics and the philosophy of language are useful tools for achieving equality in presenting the pragmatic methodologies applicable to the subject in terms of corrective justice. Based on these general assumptions, is going to study the tax equality and their characteristics, the corollary of the ability to pay and its relation to the economic capacity and the issue of progressivity in taxation as an ideal of distributive justice. The second part concerns the legal foundations of Economic Order and its relation to extrafiscality as a means of economic regulation in order to investigate the efficiency of this induction in order to promote economic development, free competition and tax equality itself to reduce inequalities and distributing wealth. Within this context, we investigated the scope of the constitutional principles of economic order, free enterprise and free competition, and favored differential treatment for small and medium enterprises, the issue of regional development for the reduction of regional and social inequalities, the problem the "fiscal war" and finally the efficiency from the perspective of Economic Analysis of Law

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

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

A elasticidade da pobreza em relação ao crescimento e à desigualdade de renda no nordeste rural brasileiro de 1995 a 2009: uma análise comparativa

This work aims to analyze how the growth in average income and the change in inequality in income distribution have impacted rural poverty in the Northeast in the period 1995 to 2009. Under the approach in Kakwani (1993) e Duclos and Araar (2006), and under the assumption of log-normality of income per capita, exposed in Bourguignon (2002) and Hoffmann (2005), are calculated growth and inequality elasticities of poverty to FGT poverty measures in order to observe the behavior of the sensitivity of poverty to changes in average household income and the change in income distribution / Gini index. Concurrently, decomposes the changes in measures of poverty (proportion of poor) between growth and distribution components (first proposed by Datt and Ravallion, 1992) to assess the effect of weight change and the effect of income inequality change change on poverty. Regarding the estimation of elasticities of poverty and growth and inequality elasticities of the two methodologies used in this work - under the assumption of lognormal distribution of income and FGT measures under the by Kakwani (1993) andDuclos e Araar (2006) - though do not result in identical values, to corroborate same results, ie the long-term decline in rural poverty from 1995 to 2009 the Northeast and the greater sensitivity of the Northeast Rural Poverty, observed in this same period, income growth and change in inequality. The weight of growth and change in inequality in changing the Northeast rural poverty identified that most of the decline in rural poverty is linked to growth in average income. This result coincides with results found by Kraay (2005) for a group of countries

Fonte de energia alternativa: um estudo sobre a percepção ambiental, social e econômica do biodiesel com docentes do Centro de Tecnologia do gás da cidade de Natal RN

Meaning fuel and renewal energy source s derivative additives, the term biodiesel exists in Brazil since 1980, when it was signed its first patent by Expedito Parente. Since then, its importance has grown gradually due to the worsening of the ambient problems, since its use has became a highly promising alternative to the pollution decrease, as in the carbon dioxide issue as with the smoke and sulfur oxide. In Brazil, it was created the National Program of Production, whose objective is to insert the new product in the country s energy matrix, strengthening the economy and creating new employment opportunities, being an important product to the national energetic independence, since Brazil still imports diesel to its domestic consumption. This study aims to identify the ambient, social and economic perception of the teachers from the Technology Center of Natal city (CTGÁS-RN) to the biodiesel. For that, it was used a questionnaire closed questions, organized in the likart scale, directed to the tree spheres of the research analysis, the biodiesel and its social, ambient and economic nuances, totaling 31 questionnaires full answered. In its objectives, the research was descriptive and in its approach it was qualitative. To the data analysis it was used statistical tools (Statistic software, 6.1 version and Microsoft Excel 2003). The research revealed the predominance of the ambient aspect in the sight of the teachers, followed by the social ones. The economic factors represent a minor percentage in the analysis when compared to other

Viabilidades térmica, econômica e de materiais de um sistema solar de aquecimento de água a baixo custo para fins residenciais

An solar alternative system for water heating is presented. Is composed for one low cost alternative collector and alternative thermal reservoir for hot water storing. The collector of the system has box confectioned in composite material and use absorption coils formed for PVC tubes. The box of hot water storage was confectioned from a plastic polyethylene drum used for storage of water and garbage, coated for a cylinder confectioned in fiber glass. The principle of functioning of the system is the same of the conventionally. Its regimen of work is the thermosiphon for a volume of 250 liters water. The main characteristic of the system in considered study is its low cost, allowing a bigger socialization of the use of solar energy. It will be demonstrated the viabilities thermal, economic and of materials of the system of considered heating, and its competitiveness in relation to the available collectors commercially. Relative aspects will be boarded also the susceptibility the thermal degradation and for UV for the PVC tubes. It will be shown that such system of alternative heating, that has as main characteristic its low cost, presents viabilities thermal, economic and of materials

Análise da viabilidade econômica de um sistema de aquecimento solar de água para uma empresa do setor hoteleiro

This paper presents an analysis of technical and financial feasibility of the use of a solar system for water heating in a fictitious hotel located in the Northeast region. Thereunto it is used techniques of solar collectors´ sizing and methods of financial mathematics, such as Net Present Value (NPV), Internal Rate of Return (IRR) and Payback. It will also be presented a sensitivity analysis to verify which are the factors that impact the viability of the solar heating. Comparative analysis will be used concerning three cities of distinct regions of Brazil: Curitiba, Belém and João Pessoa. The viability of using a solar heating system will be demonstrated to the whole Brazil, especially to the northeast region as it is the most viable for such an application of solar power because of its high levels of solar radiation. Among the cities examined for a future installation of solar heating systems for water heating in the hotel chain, João Pessoa was the one that has proved more viable.

Análise técnica e econômica do processo de obtenção de espaguetes com adição de farinha de trigo integral e farinha de linhaça

This work studies the fabrication of spaghetti through the process at high temperatures through the use of flour added to flour and flaxseed meal, with the aim of evaluating the final product quality and estimate the cost of production. The values of moisture, ash, protein, wet gluten, gluten index, falling number and grain of flour and mixtures to test to be the possible use in mass manufacturing and technological criteria for compliance with current legislation. Spaghetti noodles type were manufactured by adding 10% and 20% flour and 10% and 20% flaxseed meal with performance of physical-chemical, sensory and rheological properties of the products. Further analysis was performed on the product acceptance and estimation of production cost in order to create subsidies to enable the introduction of products with greater acceptance and economic viability in the market by the food industry. On the rheology of the product test was cooking the pasta, specifying the volume increase, cooking time and percentage of solid waste. In the sensory evaluation was carried out the triangular test of product differentiation with 50 trained judges and acceptance testing by a hedonic scale with evaluation of the aspects color, taste, smell and texture. In defining the sensory profile of the product was performed with ADQ 9 judges recruited and trained at the factory, using unstructured scale of 9 cm, assessing the attributes of flavor of wheat, flax flavor, consistency, texture of raw pasta, raw pasta color and color of cooked pasta. The greater acceptance of product quality was good and the pasta with 20% flour, 10% followed by the full product, 10% and 20% flaxseed characterized the average quality of the criterion of loss analysis of solids, together with mass full commercial testing. In assessing the estimated cost of production, the two products more technologically feasible and acceptable (20% whole and 10% flaxseed) were evaluated in high temperature processes. With total cost of R $ 4,872.5 / 1,000 kg and R $ 5,354.9 / 1,000 kg respectively, the difference was related to the addition of lower inputs and higher added value in the market, flour and flaxseed meal. The comparative analysis of cases was confirmed the reduction in production time (10h), more uniform product to the drying process at high temperature compared to conventional

O Brasil n o berço da desigualdade: uma abordagem analítica sobre os significados das fotografias de Sebastião Salgado

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Governos locais e políticas de promoção econômica: uma análise da promoção econômica nos municípios brasileiros com população acima de 50 mil habitantes

This work aims to analyze the policy of economic promotion in the Brazilian cities of medium and great size (with population above of 50.000 hab.). The objective of the research is to launch light in the debate on the regional and municipal development, presenting the recent hypotheses supplied by literature. Of complementary form, had for specific objective presents the results of the Research of Basic Information of Cities - PIM, of Brazilian Institute of Geography and Statistics (IBGE), in two surveys carried through together to the Brazilian local governments (1999 and 2009). It analyzes the instruments of economic promotion used by local governments and the influence of the development variables, as the Local Human Index of Development (HID-L) and the Local Gross Domestic Product (GDP-L). The research sample that factors as HID-L and GDP-L has significant influence in economic promotion of cities and must be taken in account in the definition of the local strategies of development

Desigualdade regional da mortalidade neonatal no Brasil

In Brazil, despite the decline in infant mortality in recent decades it still has high rates going against recommended by WHO. Being the largest percentage of infant mortality rate composed of neonatal deaths. Objective: A study was conducted to analyze the spatial distribution of neonatal mortality and its correlation with the biological, socioeconomic and maternal and child health care in the Brazilian states in the period from 2006 to 2010. Method: The study made thematic maps and correlation (LISA) for verification of spatial dependence and multiple linear regression models. Results: Was found that there is no spatial autocorrelation for neonatal mortality in the Brazilian states (R = 0.002, p = 0.48). Most of variables were correlated (r> 0.3, p <0.05) with neonatal mortality, forming clusters in the North and Northeast, with the highest rates of teenage mothers, low household income per capita, lower prenatal appointments and beds of Neonatal Intensive Care Unit. The number of Neonatal UCI beds remained independent effect after regression analysis. Conclusion: The study concludes that regional inequalities in living conditions and especially the access to maternal and child health services contribute to the unequal distribution of neonatal mortality in Brazil

A produção das desigualdades: análise da relação entre trabalho infantil e indicadores sociais

The International Labor Organization (OIT) estimates that there are around 118 million children subjected to child labor around the world. In Brazil, there are 3.5 million workers aged between 5 and 17. This exploitation practice constitutes a serious social problem, including of Public Health, since these workers are exposed to a wide range of risks, such as those related to health, physical integrity and even to life, which may cause them to become sick adults and/or interrupt their lives prematurely. Therefore, this research aims to investigate the relationship between the frequency of child labor in the age group of 10 to 13 years and some socio-economic indicators. It is a quantitative research in an ecological study whose levels of analysis are the Brazilian municipalities grouped in 161 regions, defined from socioeconomic criteria. The dependent variable of this study was the prevalence of child labor in the age group of 10 to 13 years. The independent variables were selected after a correlation between the 2010 Census of child labor in the age group of 10 to 13 years and secondary data had been conducted, adopting two main independent variables: funds from the Family Allowance Program (PBF) per 1,000 inhabitants and Funds from the Child Labor Eradication Program (PETI) per a thousand inhabitants. Initially, it was conducted a descriptive analysis of the variables of the study, then, a bivariate analysis, and the correlation matrix was built. At last, the Multiple Linear Regression stratified analysis was performed. The results of this survey indicate that public policies , like the Bolsa Familia Program Features per 1000 inhabitants and Resources Program for the Eradication of Child Labour to be allocated to municipalities with HDI < 0.697 represent a decrease in the rate of child labor ; These programs have the resources to be invested in municipalities with HDI > = 0.697 have no effect on the rate of child labor. Other adjustment variables showed significance, among these the municipal Human Development Index (IDH), years of schooling at 18 years of age, illiteracy at 15 years of age or more, employees without employment contract at 18 years of age and the Gini Index. It is understood that the child labor issue is complex. The problem is associated, although not restricted to, poverty, the social exclusion and inequality that exist in Brazil, but other factors of cultural and economic nature, as well as of organization of production, also account for its aggravation. Fighting child labor involves a wide intersectoral articulation, shared and integrated with several public policies, among them health, sports, culture, agriculture, labor and human rights, with a view to guaranteeing the integrality of the rights of children and adolescents in situation of labor and of their respective families

Silenciosas e silenciadas: descortinando as violências contra a mulher no cotidiano da prostituição em Natal-RN

The prostitution is known as the world's oldest "profession", according to some historians, "the contemporary civilization itself." However, to refer it that way, we can systematically emptying it of expressions of violence that permeate. Furthermore, this statement tries to legitimize prostitution as a practical historically related to the natural condition of women. The main objective of the research is to examine how the activity prostitucional potentiates in different forms of violence in everyday development of prostitution in the city of Natal. Accordingly, the spot of the categories of gender relations and patriarchal violence against women, refute the thesis advocated by much of feminist studies on of prostitution as an expression of autonomy of women and overcoming the patriarchal order of gender. Procedures as set methodological quali-quantitative approach, guided by the method historicalmaterialist dialectic that allows us to apprehend the object of study beyond their immediate, unmasking its contradictions. We conducted nine interviews with prostitutes belonging to the classes of People who develop the activities in the streets and prostitutes Natals` cabarets. We hand with the systematic observation activities promoted by the Association of Prostitutes in Rio Grande do Norte ASPRORN, as the visits to cabarets, as well as participation in seminars held by this entity, at which establish contacts with informants-c which have facilitated access to interviewed. We note that the economic dimension is the factor determinant for their inclusion in prostitution, all to recognize as who found an alternative for survival, since most do not has no professional training and education. Another issue important to be emphasized concerns the areas where unhealthy develop programs which by itself is characterized as a denial of rights, expressed in the socioeconomic inequality that are subject. As the expressions of violence in their daily lives, the main forms identified were the physical and social, however, there is a trend in naturalizes them, the secondary-over other issues identified as most pressing, such as not service payment by the customers. The determinants of violence identified by respondents were assigned to the woman, or is its boldness. We also, the omission of the State in the issue of prostitution, mainly embodied in absence of public policies directed to sexual rights and reproductive and generation of employment and income. Regarding the regulation of prostitution, the majority of the interviewees is contrary, arguing that exacerbate the stigma in this practice

As Mulheres e as Muralhas do Patriarcado e do Capitalismo: Terceirização e Precarização do Trabalho no Sistema do Capital

Our dissertation deals with the material living conditions of women workers and the relations of the wage who undergo in the hospital scope, taking as the locus of empirical research the Hospital Dr. João Machado, located in Natal / RN. Its purpose is to analyze the main implications of precarious work contracts in the economic and social dimensions from life of workers, explaining the main conditionings. The majority presence of women in wage relations not only in the hospital service, as well as in the service sector in general has motivated us to appreciation of the form of participation of women in health services and, in particular, at the hospital space. From the critical dialectical method, through processes of successive approximations to the reality, we analyze the patriarchal system of social relations and their repercussions for the Social and Sexual Division of Labor in the context of contemporary capitalist society, explaining the determinants of inequality, founded in social relations of sex, to the predominance of women in the hospital service and unveiling these participation trends in the labor market. The analyzes are based on bibliographic research - theoretical and methodological basis of research - combined with reflections that emerged from the field. The systematized and analyzed information reveal the uniqueness of the current social and economic situation of workers women with ties outsourced, paradoxically expresses on the expansion of the insertion in universe of labor, in overexploitation, in the precariousness of work and living conditions and persistent inequality in and in the social relations and in relations between the sexes

Avaliação econômica dos incentivos fiscais e financeiros: uma análise das empresas industriais têxteis localizadas no Rio Grande do Norte, no período de 1999 a 2003

This study has as main objective to verify the effect of the tax and financial incentives granted by the brazilian states, specially in the reduction of ICMS on the investment decision of the entities, which in the last years led to the companies to decide new projects in based on the region that presented the better infrastructure beyond lesser tributary expense. For in such was made an economic valuation of the companies with focus in the beneficiary s optics using an adaptation of the Discounted Cash Flow method to measure the impact of the tax incentives in the value of the companies, this study selected the textile industry segment located in the State of Rio Grande do Norte, Brazil. The results indicated that such incentives created addition in the value of the companies, however the inexistence of incentives would not be enough to a negative decision of investment in the Rio Grande do Norte. The smallest difference between the value with and without incentive observed was 8.9%, and the biggest 31.7%, and the average of value aggregation with the tax incentives represented 18.9%