Liberdade de expressão artística: concepções filosóficas, fundamentalidade constitucional e política da pluralidade

The right to artistic expression, freedom granted in the western democratic constitutionalism, is a fundamental right that cyclically, compared to other cohesive rights of expression, has been forgotten and put in an irrelevant juridical-dogmatic position. The first reason for this behaviour that disesteems artistic freedom is the valorisation of rationalism and scientificism in the modern society, subordinating academic researches to utilitarianism, relegating the purpose of feelings and spirituality on men s elocution, therefore, we investigate, guided by philosophy, the attribution of art on human formation, due to its capacity in harmonising reason and emotion. After that, we affirm the fundamental right to artistic expression s autonomy in the 1988 valid constitutional order, after a comparative explanation of freedom in the Fundamental Laws of United States, Portugal, Spain and Germany; and the construction historic-constitutional of the same right in the Brazilian Constitutions. In this desiderate, the theoric mark chosen is the Liberal Theory of the fundamental rights, guiding the exam through jusfundamental dimensions: juridical-subjective and juridical-objective. Whilst the first, classical function of resistance, delimitates the protection area of the artistic expression right from its specific content, titularity and its constitutional and subconstitutional limits, the other one establishes it as cultural good of the Social Order, defining to the State its rendering duties of protection, formation and cultural promotion. We do not admit artistic communication, granted without legal reserve, to be transposed of restrictions that belong to other fundamental rights and, when its exercise collides with another fundamental right or juridical-constitutional good, the justification to a possible state intervention that tangentiates its protection area goes, necessarily, through the perquisition of the artist s animus, the used method, the many viable interpretations and, at last, the correct application of the proportionality criteria. The cultural public politics analysis, nevertheless, observes the pluralism principle of democratic substratum, developer of the cultural dialogue and opposed to patterns determined by the mass cultural industry. All powers are attached, on the scope of its typical attributions, to materialise public politics that have the cultural artistic good as its aim, due to the constant rule contained in §1, art. 5º of the Federal Constitution. However, the access and the incentive laws to culture must be constantly supervised by the constitutional parameter of fundamental right to equality

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

Hermenêutica constitucional e fficácia dos Direitos Sociais

The present research has, as general objective, to seek a constitucional hermeneutics directed toward the improvement of the efficacy of the social rights rules, with the purpose to solve the elapsins problems from the general picture of its inefficiency, which are disposed on the Constitution, in its ample majority, as mere regular norms. Leaving of the premise that no Constitutional norm can be without being materialized and the true development of the State is it the social one (based on the principles of freedom, equality and solidarity), it will be demonstrated that the arguments in favor of the legislative inefficiency configure a true blow on the Democratic State of Brazilian Law. For this, it will be done, preliminarily, a study of the basic rights, legal category where it is found the social rights. To follow, it will be analyzed the hermeneutics of the legal norms, with emphasis on the specifics of the constitutional hermeneutics and its methods of interpretation. Finally, the aspect on the improvement of efficacy and the effectiveness of the social rights will be studied, through a new readind of certain dogmas that still persist in the legal world, being distinguished the institutiones of the reserve of the possible and the existential minimum. Ahead of this, after verifying the new paradigmas of the interpretable activity, will be demonstrated how it is possible to get an upgrade on the effectiveness of the social rights

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Convergência ou divergência no desenvolvimento? um estudo multidimensional para o sudeste e o nordeste do Brasil, 1990-2010

The analysis of some aspects of development in Brazil in the past three decades reveals an improvement on a range of indicators isolated in the south east the richest region and north east the poorest region. From a database of twenty variables, the main purpose the study was to verify if there are indications of convergence or divergence in five dimensions of development between the two regions from 1990 to 2010. Aiming to identify the states more similar and different, and to verify changes in the composition of low development groups and high development in the adressed period, was used the analysis of groupings (Cluster Analysis). Additionally, to test equality of distance between states all the time, was used the non-parametric Test of Wilcoxon. This makes it possible to verify IF the distance between the states of two regions has been increasing or has been falling, showing signs of divergence or convergence. The results of Cluster s analysis suggest that there are indications of convergence inside the cluster of north east, but the distance between two regions has not changed. The results of test of Wilcoxon suggests that there have been no changes statistically significant in the distance between the states, in the two regions the standards of development became more homogenous, but the two regions will be far apart

O Projeto político-pedagógico na perspectiva de consolidação da cultura organizacional e da autonomia da escola

In this research, we have found that, besides the literature in educational area presents the politic-pedagogical project as a pedagogical component that is able to promote changes in educational practices and to consolidate the school autonomy, some researches point to an opposite view-point, mainly due to the fact that these researches verify that several schools have elaborated their project just to comply with a formal exigency of the Brazilian educational reform implemented from the 1990 decade. Despite of the neoliberal and neoconservative forces (that guide this reform) understand the politic-pedagogical project as a way of stimulating scholar organizations, in order to put in practice the educational politics of this decade, we understand that this project can, in fact, promote changes in the scholar practices in the sense of overcoming the bureaucratic scholar culture historically developed in this environment. This research presumes that the process of planning, implementation and evaluation of school actions that is excited by the politic-pedagogical project can stimulate the subjects to develop practices, values, and senses, bypassing in some aspects the culture that is traditionally instituted in school, what will certainly favor the construction of its autonomy. The research that we have done in Professor Ascendino de Almeida Municipal School situated in the South Zone of Natal, RN, Brazil, was developed according to the following methodological procedures: document analysis, semi-structured interview, and participative observation. In the focused school we evidence that the politic-pedagogical project is a product of interpersonal and professional relations that are marked by shared powers, by dialogical action, by participation, and by equality, that (all of them) mediate decisional processes, what makes it possible the construction of common senses in order to guide the educative action. We yet evidence the existence, between the professionals that integrate this institution, of a culture for valuation of planning, of collective reflection, and of theoretical support, besides a commitment with the formation of the student with who they work, this making possible that the politic-pedagogical project constitutes in an orientation for the process of reflection, action, and evaluation of the school work. In these conditions, this project propitiates the consolidation of the school autonomy, what, in its turn, prints higher quality to the educative work developed in the institution

Um estudo sobre a aprendizagem de alguns conceitos algébricos e geométricos

The objective of the present work was develop a study about the writing and the algebraic manipulation of symbolical expressions for perimeter and area of some convex polygons, approaching the properties of the operations and equality, extending to the obtaining of the formulas of length and area of the circle, this one starting on the formula of the perimeter and area of the regular hexagon. To do so, a module with teaching activities was elaborated based on constructive teaching. The study consisted of a methodological intervention, done by the researcher, and had as subjects students of the 8th grade of the State School Desembargador Floriano Cavalcanti, located on the city of Natal, Rio Grande do Norte. The methodological intervention was done in three stages: applying of a initial diagnostic evaluation, developing of the teaching module, and applying of the final evaluation based on the Mathematics teaching using Constructivist references. The data collected in the evaluations was presented as descriptive statistics. The results of the final diagnostic evaluation were analyzed in the qualitative point of view, using the criteria established by Richard Skemp s second theory about the comprehension of mathematical concepts. The general results about the data from the evaluations and the applying of the teaching module showed a qualitative difference in the learning of the students who participated of the intervention

O desenvolvimento profissional docente e a participação colegiado no Atheneu Norte-Riograndense

To investigate the relationship that exists among the educational participation of the school board and the teacher's professional development, starting from the analysis teachers of a public institution who teaches daily in the city of Natal. We focused the possible relationships between the teacher's action and their professional development, which includes the participation of the School board, considered by us as a collective space. To accomplish this research we used Interviews (KAUFMANN, 1996; SILVA, 2002) to analyze the nine participants, who are teachers' of the school board, and their oral speeches, considered as main references of our study. While trying to understand the reasons that led the teachers to choose her/his educational profession, we noticed the difficulty of recognition of the job of lecturing as a profession. This fact comes as an obstacle to the perspective of the teachers' professional development. In what he/she refers to the forms of the teachers' participation in the board and their meanings, we noticed in first place that the feeling of it belongs one of the decisive factors it can be considered actively for the teacher to announce of the actions colegiadas. This for them to want and they believe that that is the best road for if they develop better while professionals and consequently to improve the situation of the school. In second place we noticed that the school board represents, a place of articulation of the equality among all the ones that form the school community. So, we tried to understand how they happened to the collective actions in the school, how the teachers presented them in spite of what they know, how a collective action should be presented in the elements of fragility of that process that inhibit the development of the overall action. Finally, we questioned the elements that would contribute to the educational professional development; we noticed that the teachers present the competence, the ethics and professional valorization, as factors that contributed at the present time to their educational professional development

Instrumentalidade do serviço social na previdência social no Brasil contemporâneo

In the sociability of the capital, the challenges to the consolidation of social security as a public policy become expressive, which has implications for social security services, particularly for Social Works who works for the security and fulfillment of social rights. Therefore, in this context of denial of these rights becomes relevant the work of social worker, as a professional committed to the ethical-political project and the Matrix Theory and Methodology of Social work, which potentiate the action able to establish professional articulated strategies for the strengthening of collective struggles for equality in society. Thus, this study examines the instrumentality of social work in the contemporary world and its contribution to the realization of rights. For this, we conducted a literature review, using authors dealing with the issue, as Behring (2008), Boschetti (2003), Mota (1995), Guerra (2007) among others, as well as documentary research through laws, decrees, instructions Normative, Internal Guidelines, and especially the analysis of the Matrix itself of Social Work in welfare. We use also of paramount importance to our analysis - the field research, using techniques such as semi-structured interview and questionnaire. The research enables the identification of important aspects of the subject studied, as the understanding of professionals about the instrumentality of Social Works in its ethical-political aspects, both theoretical and methodological and technicaloperative. The demands made by the managers for the profession on the sociooccupational have extrapolated the powers and duties of the Law Regulating the Profession and the Matrix of Social Work in welfare. The subjects of this study emphasize the role of social category of the National Institute of Social Security and the Federal Council of Social Service in defense of Social Works. The knowledge of social and institutional framework is critical to building control strategies that strengthen social security and public policy, the guarantor of social rights for workers in Brazil

Violência e luta por direitos no capitalismo contemporâneo: crítica à configuração do atendimento às mulheres no Rio Grande do Norte

This research analyzes the Rio Grande do Norte care services to women who face violence in the context of contemporary capitalism. To do so, we situate the patriarchy in the set of current social relations and its relationship with the corporate determinations in everyday life. The new functions of the Patriarchy in the capital sociability permeates the lives of individuals and particularizes the relationships of violence which affects women, requiring, in the immediate level, policy-making to face them. The research found an arsenal of contradictory possibilities and limitations in dealing with violence. In this process, forms of struggle and resistance predominate, which appear as possibilities and limits were identified relate to the socio-historical context of regression of the rights, historical moment in which increase the objective difficulties in everyday life to ensure the legal achievements. It is worth to emphasize the achievements and contradictions that characterize the struggle process for rights, linking services to women to the social policies and to the limits they face in opposition to the aims of the State to meet the mandatory requirements of capital, reducing its role as the main guarantor of policies and rights. In this sense, the trajectory of the achievements that have referred to the proclamation of a specific law to deal with combat violence against women, the Maria da Penha Law - 11.340/06, which provides an integrated set of measures that, if implemented, would allow the women protection from relations of violence they experience. We identified in Rio Grande do Norte precarious services that are essential to achieve the Maria da Penha Law. This situation requires a feminist organization to claim the rights that enable women to see themselves as people with rights in the process of collective struggle. This is the historical need for continuity of struggles that accumulate policies for the existence of a new model of social relations of gender. One of the possibilities that are presented in the current context is the impact on the public budget in order to ensure compliance with the budget for public policies for women - woman budget. In this perspective, feminist segments in national and state level have been organized to understand the functioning and monitoring of social policies. This is a condition and prerequisite for ensuring policies to ensure basic rights and the violence combat , which still requires an integrated set of services. The survey results allow us to consider that the struggle for rights is necessary at this historical moment, however it is not sufficient in human emancipation, which requires new forms of social relations that determine substantive equality between men and women. Thus, the feminist movement faces the challenge to organize and strengthen itself in daily life, in order to execute a project that changes the meaning of women's rights, articulated to a corporate project which wants other command in the set of social relations . This study emphasizes the need for a more and more organic connection between feminism and social struggles, to ensure the inclusion of women in anti-capitalist struggle

Uma análise experimental de abordagens heurísticas aplicadas ao problema do caixeiro viajante

Due to great difficulty of accurate solution of Combinatorial Optimization Problems, some heuristic methods have been developed and during many years, the analysis of performance of these approaches was not carried through in a systematic way. The proposal of this work is to make a statistical analysis of heuristic approaches to the Traveling Salesman Problem (TSP). The focus of the analysis is to evaluate the performance of each approach in relation to the necessary computational time until the attainment of the optimal solution for one determined instance of the TSP. Survival Analysis, assisted by methods for the hypothesis test of the equality between survival functions was used. The evaluated approaches were divided in three classes: Lin-Kernighan Algorithms, Evolutionary Algorithms and Particle Swarm Optimization. Beyond those approaches, it was enclosed in the analysis, a memetic algorithm (for symmetric and asymmetric TSP instances) that utilizes the Lin-Kernighan heuristics as its local search procedure

Em direção a uma representação para equações algébricas :uma lógica equacional local

The intervalar arithmetic well-known as arithmetic of Moore, doesn't possess the same properties of the real numbers, and for this reason, it is confronted with a problem of operative nature, when we want to solve intervalar equations as extension of real equations by the usual equality and of the intervalar arithmetic, for this not to possess the inverse addictive, as well as, the property of the distributivity of the multiplication for the sum doesn t be valid for any triplet of intervals. The lack of those properties disables the use of equacional logic, so much for the resolution of an intervalar equation using the same, as for a representation of a real equation, and still, for the algebraic verification of properties of a computational system, whose data are real numbers represented by intervals. However, with the notion of order of information and of approach on intervals, introduced by Acióly[6] in 1991, the idea of an intervalar equation appears to represent a real equation satisfactorily, since the terms of the intervalar equation carry the information about the solution of the real equation. In 1999, Santiago proposed the notion of simple equality and, later on, local equality for intervals [8] and [33]. Based on that idea, this dissertation extends Santiago's local groups for local algebras, following the idea of Σ-algebras according to (Hennessy[31], 1988) and (Santiago[7], 1995). One of the contributions of this dissertation, is the theorem 5.1.3.2 that it guarantees that, when deducing a local Σ-equation E t t in the proposed system SDedLoc(E), the interpretations of t and t' will be locally the same in any local Σ-algebra that satisfies the group of fixed equations local E, whenever t and t have meaning in A. This assures to a kind of safety between the local equacional logic and the local algebras

Especificação do tipo intervalar parametrizado em CASL

The interval datatype applications in several areas is important to construct a interval type reusable, i.e., a interval constructor can be applied to any datatype and get intervals this datatype. Since the interval is, of certain form, a set of elements limited for two bounds, left and right, with a order notions, then it s reasonable that interval constructor enclose datatypes with partial order. On the order hand, what we want is work with interval of any datatype like this we work with this datatype then. it s important to guarantee the properties of the datatype when maps to interval of this datatype. Thus, the interval constructor get a theory to parametrized interval type, i.e., a interval with generics parameters (for example rational, real, complex). Sometimes, the interval application in some algebras doesn t guarantee the mainutenance of their properties, for example, when we use interval of real, that satisfies the field properties, it doesn t guarantee the distributivity propertie. A form to surpass this problem Santiago introduced the local equality theory that weakened the notion of strong equality, and thus, allowing some properties are local keeped, what can be discard before. The interval arithmetic generalization aim to apply the interval constructor on ordered algebras weakened for local equality with the purpose of the keep their properties. How the intervals are important in applications with continuous data, it s interesting specify that theory using a specification language that supply a system development using intervals of form disciplined, trustworth and safe. Currently, the algebraic specification language, based in math models, have been use to that intention often. We choose CASL (Common Algebraic Specification Language) among others languages because CASL has several characteristics excellent to parametrized interval type, such as, provide parcialiy and parametrization