A violência policial militar e o contexto da formação profissional: um estudo sobre a relação entre violência e educação no espaço da Polícia Militar no Rio Grande do Norte

Cette dissertation a pour thème la formation de la police militaire, dans le contexte de l'insertion dans le nouveau programme scolaire national Matrix (MCN) institutionnalisée pour la formation à la securité publique au Ministère de La Justice (MJ) de La Secrétariat Nationale pour La Sécurité Publique, à partir de 2003. Ce normalisateur document devrait être utilisé comme un paramètre de l'organisation de divers organismes éducatifs dans le domaine de la sécurité nationale. Son institutionnalisation pose elle-même comme étant composé comme um ensemble politiques orientées à formation des professionnels de la sécurité publique qui est en cours de développement au Brésil depuis. En particulier, il a été trouvé dans locus, par le méthode de l observation participant à um cours de formation pour les soldats (CFSD) de La Police Militaire de Rio Grande do Norte (PMRN), en Octobre et Novembre 2007, Centre pour Formation et Perfectionner de PMRN ainsi que par le biais d entrentiens avec la police militaire (PM), changé de la formation, comme nous l avons mise en oeuvre de la l'insertion de la MCN, dans le contexte de l analyse de la violence dans la police militaire de Rio Grande do Norte (RN). Les résultats de l'étude montrent que, en général, le MCN est étant insérés dans CFSD partir de 2004, cette opération fait sentir graduellement dans le visage de certains résistence mennée par une sous-culture (militaires) qui se réinvente dans l'établissement officier de police, résistant aux nouvelles exigences sociales. En outre, il a été noté également que les deux mythes sont limitées à l'imagination, la police brésilienne: le militarisme exarcebé et le baccalauréat em droit, qui contribuent considérablement à la barrière dans la construction d'une police militaire plus identifié à l'activité professionnelle dédié à la sécurité publique, que de la sécurité nationale. L'élargissement de la compréhension de la violence, en particulier, la police militaire, le travail rend l'utilisation des références théoriques qui cherchent à embrasser la diversité et la spécificité qui guident le processus de formation pour les opérateurs de la sécurité publique, en particulier, en essayant de comprendre comment ils sont construits les références théoriques pour les formateurs et les stagiaires dans une relation dialectique et comment ce contexte mai influencer les attitudes conceptuelles, d'attitudes et de procédure dans l'exercice de la police militaire, que dans le contexte nouveau de l'Etat de droit démocratique, a réellement vécu en contradiction avec les fantômes du temps exception, réalisée pendant la dictature (1964-1985), non loin de l imaginaire social, et ni la police ni les militaires, une institution fortement stigmatisées depuis

Plano de Desenvolvimento da Escola (PDE): o processo de implantação de uma nova proposta de descentralização em duas escolas da rede municipal de ensino de Natal de 1999 a 2002

The 1988 Constitution was the legal marc to define changes in Brazilian State with major importance to the layout of public politician. In that moment of redefinitions e openness to new ways the redemocratization, participation and decentralization of public school had as their starter the elementary school. This work focus on the manage of FUNDESCOLA, particularly one of its politics called PDE (Educational Development Plan) wich purpose is guarantee a better quality in teaching and spread out democracy throughout its methodology. It was chosen two public schools: Professor Ulisses de Góis and Antonio Campos. The theoretical and methodological orientation is based on the theory of participative democracy developed by authors such as Putnam and Pateman. They says that a cultural background precedes individual participation in society. The collected data (educational legislation, surveys with all sectors of schools and technicians of Natal educational secretary, and relevant documents of de institutions) showed that PDE. Implementation had opposite runnings in the schools studied. In one, as a consequence of bad preparations of its teachers to absorve its methodology, PDE failed. In another way, PDE achieved its goals, especially helping the structure of action plans of the school and the administrative organization making possible several pedagogic activities planned. The work concludes that the main factor the failure or success of PDE relies on the organizational (both political and pedagogical) structure of each school. This discovery implies three important guidelines when comes to formulation of public politicians: a) Constitution of school; b) the local actors who manages the actions; c) the colletive interest in taking part of decisions

Entre a potência e o ato: atitudes políticas e percepções de mobilização em Natal e Porto Alegre

The recent democratic process in Brazil made it as element for its consolidation the idea of participation. It requires a state model that included on its agenda democratic society participation in decision-making process, and a society that has as a principle based participatory civic consciousness. Therefore, this study aims to analyze the level of political participation in two Brazilian state capitals , Natal and Porto Alegre. Data were obtained through quantitative data from the application of 384 questionnaires in both capitals. We chose some variables that will form the basis for our study; Duties of a good citizen, a good citizen rights, Confidence, Index of socialization, exposure to media, degree of interest in politics; Mobilization; Associations. Already qualitative research sought to address the political, cultural and institutional of the two municipalities

Direitos humanos e dilemas da democracia no Brasil: um estudo sociológico do trabalho policial (1985-2009)

According to the Public National Security Plan, the security is "[ ] a right by democratic excellence legitimately desired by all sectors of society, which is the fundamental right of citizenship, obligation of the constitutional state and responsibility of each one of us." The 1988 Constitution recognized the rights of life, liberty and personal integrity, considered torture and racial discrimination as crimes. The prime directive of the National Security and Citizenship (Law No. 11,707 of June 19, 2008 - PRONASCI-Brazil) expresses the commitment of the Brazilian state with the promotion of human rights. But despite this formal recognition, official violence continues to be used as a means of maintaining social order, consolidating a police action violating human rights (Amnesty International report "They go in shooting" - AI Index: AMR 19/025/2005) . This thesis analyzes the police work combined with the extension of citizenship rights, the spaces of freedom and democracy as a measure for the degree of affirmation or denial of the Human Rights in Brazil, and proposes the construction of a human friendly Police Force (Post - Colonial, Post-Abyss, Intercultural and Democratic)

Mulheres professoras: memórias da organização docente

Se estudia el Movimiento de las Profesoras Primarias de la Red Estadual de Enseñanza, en Salvador/BA como un movimiento social responsable por la creación de la entidad representativa de la categoría la Sociedade Unificadora de Profesores Primários (SUPP). Se parte del presupuesto de que los intereses en la valorización profesional constituyen factores fundamentales para su eclosión. Se recurre a un referente teórico para sedimentar la investigación empírica realizada a través de las profesoras primarias que participaron del Movimiento; una vez que reúne recuerdos individuales y colectivos. Se abordan las condiciones sociales, políticas, económicas y educativas que viabilizaron el surgimiento de dicho movimiento y se delimita el intervalo temporal entre 1947 al 1951. Se destaca que fueron necesarios hacer recortes históricos, los cuales han antecedido y proseguido a ése período, en función al relieve del contexto histórico-social para la comprensión de lo que fue y dónde se ubicaba el objeto de la investigación. Se identificaron tres marcos: el primero se refiere a las motivaciones en defensa de la valorización profesional, situado en un contexto de reformas educativas y pensamiento democrático; el segundo vinculado a la creación de la entidad representativa, fomentando por la necesidad de creación de una institución representativa que pudiese resguardar la categoría. Por lo tanto, se delinea la construcción histórica del Movimiento de las Profesoras Primarias, utilizando las categorías de docencia y movimiento social, de forma interpretativa. Se articulan a los hechos y acontecimientos que marcaron ése movimiento y su importancia para la Historia de la Educación de Bahia. Aun que la lucha por la valoración salarial haya sido el possibilitador de la creación de la SUPP, se constato que fue una movilización política y social buscó el sentido y el significado de lo que sea docencia con acciones que intentaban la integración del profesorado primario baiano (del interior con los de la capital) y promover el desarrollo cultural aliado a la concientización de la categoría

Política de atenção à saúde do idoso em Mossoró/RN: potencialidades e possibilidades para promoção do envelhecimento saudável no estado do Rio Grande do Norte

It discusses the Health Care of the Elderly in the town of Mossoró, traversing the paths that discussed the history of health care, which has been altered by the new (con) formation and required adjustments of society which led the development and implementation of the National Health Care for the Elderly with the backdrop of the guiding principles of the Health System - SUS. The goals outlined were: To map the implementation of the policy of health care for the elderly in Mossoró considering whether this is based on the principles and guidelines of the NHS and National Health Policy of the Elderly; Check if health promotion is seen as a strategy that favors the elderly mossoroenses the possibility of healthy aging; identify the discourse of the elderly about the aging process and the strategies you use to take care of your needs. Applies as a methodological strategy BOAS, complemented by interviews with twenty (20) elderly residents of Mossoró with a view to understand the objective elements, and the political and subjective traits that express a regularity which marks the area of health care mossoroense elderly. The data were tabulated and the BOAS divided into nine sections for analysis. The speeches were transcribed seized and subjected to a thorough reading that allowed the visualization of issues that have been examined with theoretical and methodological support to the model proposed by Boaventura de Souza Santos (2006) designated this cosmopolitan reason being supported by three meta-sociological procedures, namely, the sociology of absences, the sociology of translation work and emergencies. It appears as a result the exclusion and discrimination of the elderly in different social settings, a condition that prevents them from being aware of their importance as citizens deserving of decent treatment and respect for the family, society and the government, when addressing health the elderly said the need to propose alternative models of care that has the paradigm of health promotion. We conclude that in these areas, meetings are held, to draw lines that were heterogeneous because they were built by the dissimilarities that engender incessantly and show that although we have advanced regarding the attention of the elderly in Mossoró there is still a long way to go in order to meet the needs revealed by the elderly. It is suggested that the practice of trial-creation-differentiation, while highlighting the historical and procedural dimension, deconstructions and negotiations with collective effects. A democratic paradigm and analytical creeps: the constitution are moments of Health Care for the Elderly shaping a new landscape in the town of Mossoró.

Identidade e participação da comunidade rural nos processos de desenvolvimento local:desafios e competências do regulado de Nhambita-Moçambique

This thesis is defined as a reflection on the mechanisms of expression and insertion of the homo situs in the participatory governance in Mozambique. For a better understanding of this social fact, it was settled a periodization which covered the decline of colonialism at the time of the independence, which was proclaimed in June 1975, the civil war that lasted over 16 years and the period of the democratic State, further established. Therefore, we sought to understand the mechanisms and failures of the participation of the homo situs in local development projects that absorbed the needs and problems of these peasants, not mobilizing the skills and social competences of these communities. It would be essential for the homo situs a genuine democratic practice involving a political culture based on the social construction of the territories of the traditional man which was characterized by being procedural and historical, finding in participation its higher base. In this context, it would be desirable that the community development in Mozambique could contemplate and respect the choices of the homo situs. For this purpose, it would be fundamental the consistency between theory and practice, which builds and rebuilds, continually the competence of the peasants, facilitating the possibility of realization of their primordial aspirations. In the research, it became apparent that there is not a continuous process of participation of the rural communities, which appear as participants, only at the time of the implementation of the activities. Therefore, even having the participation of the communities expected by the law, with predictable moments of discussion and necessary conditions for that, the State failed to establish an ongoing process of democratic dialogue with traditional populations, as well as it failed to organize, properly, accurate informational bases to help solve the problems of rural areas. These facts have led to obstacles to the process of conquest of the human and civil rights of the traditional communities

A relação histórica entre democracia e liberalismo. Um diálogo crítico com Norberto Bobbio.

This work seeks to examine the historical relationships established between liberalism and democracy, questioning the apparent inseparability between the two ideologies. Methodologically construct a hypothetical dialogue with the Italian thinker Norberto Bobbio, one of the most important systematizers of liberal democracy, defending a theoretical and conceptual complementarity between the two ideologies. Following the Bobbio theoretical propose, it presents the political contributions of classical liberalism that the Italian thinker identify as logical and axiological antecedent of the modern democracy, naturalizing and universalizing the principles and ideals of classical liberalism. Going counter, it problematizes the political contributions of classical liberalism, emphasizing the tension between liberal theory and its practice, between the declared political principles and their translation into concrete historical reality, reserving rights and freedoms to property minority and severe restrictions to the majority. The critical analysis of classical liberalism allows questioning the privilege position that Bobbio reserves to the liberalism in the democracy history, to restore the important contribution of illiberal politics currents in the civil, political and social rights history, advocating the democracy with its social character, inclusive and participatory

Tribunal do Júri e Soberania Popular

The present work has for object the Jury under the democratic optics, looking for to demonstrate its democratic validation. The purpose of this work was to revisit the institution, in order to bring its importance while instrument of popular participation. The work presents, first, a systematic and chronological approach of the institution of the Jury and its evolution inside of Brazilian constitutional history, objectifying, with this, to approach the narrow entailing of the Jury with the constitutional postulates. After that, the constitutional principles of the Jury had been examined, looking for to establish the popular identity of the institution and its approach with the human rights system of the Brazilian Federal Constitution. More ahead, had been examined the direct participation of the society in the Jury, going deep the questions related with the election of the jurors and the jury nullification on the American Jury. Finally, had been dedicated the study of the current conjuncture of the Brazilian Jury, its problems and the possible solutions, beyond the study of the limitation's mechanisms in the constitutional principle of the popular supremacy and the reform's projects suggested for legislators and jurists. In this way, had been looked elaborate a constitutional construction of the Jury, defending its permanence in the Brasil law system, for being a fundamental guarantee to protect the freedom, moreover for being essential to validate the Democratic State of Right, for to be the materialization of the democratic principle. For opportune, it's necessary to allege that this work had been directed to the constitutional analysis of the Jury, its legitimacy and its democratic vocation, using themselves as ideological north the American Jury System and as philosophical base the social contract theory, understanding the Jury as an instrument of protection of the society front to the state supremacy and its hierarchy structure of the power

O controle social do judiciário: a experiência do Observatório da Justiça e Cidadania no Estado do Rio Grande do Norte

This dissertation deals with the possibility of build an effective social control of the judiciary Brazilians. The theme was bounded by a cut geographic and secular: the experience of the Center of Justice and Citizenship in the state of Rio Grande do Norte (OJC/RN), which begins formally in august 2003. The research approach and leave of experience in judicial practice and policy specific substrates to theorize about the subject. We collected documents about cases, the judicial diagnoses, reports, news material, in addition to lifting bibliographic. Therefore, it is working with about notions of a democratic state of right in the light of the Brazilian Constitution of 1988, in order to contextualize the insertion of the judicial system, by the prospect of legitimacy, which is considered by a look formal and material. It is a brief analysis of the system of official control of the judiciary (internal and external), is emphasizing its shortcomings functional and its corporate character, which suffers from poor conformation democratic. Then there is a discussion about the need to establish the social control of the judiciary, through the prism of relations of power that are locked in the judiciary, the lack of formal criteria for the guarantee of obtaining the correct judgment (laws, precedents and conscience of the judge), the problems of impunity and justice class, and from the examination of some cases, as the body of search. From this conjuncture, prepares to be an outline of shapes and the limits of social control, consonant the proposal erected in certain sectors of organized civil society, represented by the movement s social OJC. In the end, considerations are made on the legitimacy and constitutionality of OJC

O poder legislativo na verificação da legitimidade constitucional do processo de construção das leis

It is known that, in the Democratic State of Law paradigm, one of the most instigating themes is the legitimity of the Law. It justifies the interest in reflecting about the Legislative Process instituted by the Brasilian 1988 Constitution, more specifically field of the constitutionality control as away to guaranty of the legitimity of the Law. The research that is developed here, intents to bring to reflection the basis and the ways the Legislative Power has to proceed to Constitutionality Control of the laws and of the Legislative Process. As the focus taken here is about the Legislative Power, it starts from the presupposed that only by the adoption of legislative process which has to be connected to a rational speech, that will evidence the Democratic and Procedimental Law dimensions, guarantee the possibility of the public and private spheres of life act in complementarity that is such needed to the stabilization of the social expectatives and the concretization of the Brazilian Constitution

Os conflitos de competência normativa do estado regulador brasileiro no setor administrado pela ANP

The dissertation has by objective describe the administrative activity of regulation exercised by independent regulatory agencies, observing that this activity was already done before this structures creation, however, after a really deep administrative reform that had as objective built a Public Administration with more efficiency, it passed to be done with some own peculiarities of these new structures of regulation. The work gave especial attention to what concern the conflicts of normative competency that really often happen between ANP (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis) and the legislatives organs of the Republic Federative of Brazil, because energetic area has unbelievable mater to any country, and the fact of some juridical norm be against the law and be accepted is very dangerous, it affronts the constitutional principle of the legality e may put in risk the democratic Estate of law, them, regulatory dogmatic must be scientifically knows, and developed, thought and especially there are so many doctrinaires divergences about regulation constitutionality. As a theorist point, the investigation got the Logical nocontradiction principle, according Hans Kelsen and Lourival Vilanova thought, doing a philosophical reflection about the system of positive law, in which there are many antinomies, or conflicts of norms, what include the conflicts of the administrative acts expedited by ANP and the legislation of the brazilian regulatory Estate. For a better understanding and exemplify some perplexities treated by the doctrinaire angle, this work did a lucubration about a possibility of a normative conflict between a ANP resolution and the municipal legislation in a specific case, also, brought several jurisprudences for the brazilians courts of justice, that confirm the empiric existence of normative conflicts among ANP s administrative norms and federal legislation. Finally, concludes observing that the regulation is not a legislative competency delegation to regulatory agencies, is just a new exercise of the administrative function, it is a technical specialization of the public administration, that using this know-how can acting with more efficiency, however the normative power of regulatory agencies must respect the empire of law, so in this terms, the dissertation suggests the ponderation of the constitutionals principles of efficiency and legality how form to harmonizing the democratic legitimate inherent to legal norm supremacy, with the perspective of an efficient economic and institutional development

Acesso à justiça enquanto direito fundamental: efetivação pela defensoria pública

The Federal Constitution of 1988 is recognized for its enlargement in the face of large amount of provisions that make it up, among which many are fundamental rights. The fundamental rules set up the foundation of a democratic state, however, are the necessary legal mechanisms to be effective, its exercise is not enough merely to state them, but to offer ways for them to stop being just written standard on paper, and come to be viewed and exercised day-to-day. In this sense, access to justice presents itself in our times, as a cornerstone for a just society dictates. In this light, access to justice can be seen as the most fundamental of rights, which translates as instruments able to safeguard the fundamental rights not only against the action/omission violating the state but also the very particular. Furthermore, access to justice within the legal country, is not right for everyone, despite the willingness of the Citizen Charter in its article 5, paragraph LXXIV, ensuring that the State shall provide full and free legal assistance to those in need. More than half of the population lives in poverty and can´t afford to pay legal fees or court costs as well as a bump in their own ignorance of their rights. The judiciary, in their primary function, is in charge of trying to correct the violation of the rights, intending to effect a true distributive justice, serving as a paradigm for the promotion of substantive equality of human beings, however, is difficult and tortuous access Justice for those without financial resources. In this vein, we present the Public Defender, as keeper of the masses in its institutional role, defending a disadvantage, in the words, as a mechanism for effective access to justice, ensuring therefore fundamental rights. Public Defenders arise at the time or much discussion highlights the priority of actual access to justice, custody, therefore, intimate bond with the pursuit of fundamental rights, in which, that advance the broad range of rights, without whom could defend them or guardianship them

Participação administrativa processual na administração pública dialógica

The dissertation, which is based on the deductive method, by using general concepts of the theory of the administrative participation in the administrative process, addresses the importance of strengthening administrative and procedural activities of citizen involvement in public administration for the administrative consolidation of democracy in Brazil. The emergence of Administrative Law has particular importance for the understanding of its institutions and, of course, for the different fields of public administration. The authoritarian profile of this area of law still exists as a clear recollection of their origin, mainly based on a relationship of superiority of the state over the individuals. Indeed, does not even modern constitutionalism could print a true democracy administrative, since the constitutions were not properly observed by the Government. Furthermore, only the process of constitutionalization of administrative law legal relations took a more democratic profile. That is, the creation of an environment of dialogue with civil society is a recent achievement of the Brazilian government. As the administrative process involves dilemmas and solutions of state action, because it is revealed the expression government, the strengthening of institutions and principles related to the administrative procedure is important for role in making a more participatory relationship between state and citizen. Thus, administrative participation can be considered not only a mechanism of control and legitimacy of state action, but also for improvement and reduction of administrative costs, as a requirement of the principle of efficiency. The objective of this investigation is to assert as the administrative legal relation, the administrative legality, the administrative jurisdiction, the processuality administrative, the consensuality administrative and administrative justice, together with administrative participation, can contribute to a more democratic role of the Public Administration and, therefore, more dialogic and consolidator of the fundamental rights of citizens. Therefore, we highlight the importance of the administrative process and administrative participation as mechanisms for improving public policy and thus as a means of reducing administrative costs mediate the state

Devido processo penal: uma análise acerca dos direitos fundamentais sob a perspectiva do processo eletrônico

The current study presents an analysis about the automation of the lawsuits in Brazil, which opens a new direction to be followed by the National Secretary of Justice, applied indistinctively to the civil, criminal and labor lawsuits, as well as to the special court houses at any degree of juridisdiction. It treats, specifically, about the transition from the classic lawsuit with bureaucratic aspects to the electronic one, based on the simplicity of the functions, the quality of the oral and the readiness. The light of the constitutional principle of the reasonable duration of the lawsuit, while fundamental rigth of the defendant and, under de protection of the democratic guarantee, it investigates, from the theory of the fundamental rights to the reform movement of the lawsiut, in the scenery of the alien law and national law, the latter, mostly because it has the automation as a necessary improvement claimed by modernity, yet without forgetting of the humane character inherent to the criminal lawsuit. It faces the issue of of the disruption of the paradigm of the written formality of the Brazilian lawsuit, the problem of the resistance to the new automized method, the use of the video conference for the inquest of the witnesses as well as for the questioning of the defendant, the advancements of the virtual lawsuit on the Superior Courts, Federal Supreme Court and Superior Court of Justice, it treats also about the role of the National Council of Justice - CNJ - to uniformize the legal proceedings in the country. Without neglecting the effective respect to the fundamental rights, it focuses the cultural change necessary so that the electronic technology can be, in fact, in the indictment system, the means to reach with excellency the citizenship by the simplification of the legal proceedings, transposing the baseless bureaucracy and assuring an effective judicial service assistance in order to have a better quality of life