A cidadania no contexto do estado constitucional democrático de direito brasileiro

The citizenship is a fundamental category to the democratic progress and the development and concretization of human rights, in addition to being one of the essential foundations of democratic contextualized in the rule of law of the Federative Republic of Brazil. That’s exactly why the discussion about its concept and content is a paramount requirement to the understanding and interpretation-application-concretization of the Federal Constitution of 1988, as well as its democracy, since there is no democracy without citizenship. That is why the general objective of the research is to determine the characteristics of the citizenship, relating it to the Law, as well as to discuss (critically) its inclusion in the list of fundamental rights and delimitate the scope of protection and the limits of this right, in the context of Brazilian law post-1988 Constitution. The specific objectives are: a) to analyze the concept of citizenship, its extent and scope, contextualizing it historically; b) to examine the evolution of the legal and regulatory treatment of the citizenship in Brazilian constitutions, focusing on the 1988 Constitution; c) assess whether citizenship can be considered a fundamental right; d) to investigate which implications, theoretical and practical, of assignment fundamentality character to the right to citizenship. This research identifies and deconstructs current conceptual confusions, such as the lack of distinction between citizenship and nationality; citizenship and electoral capacity; citizenship and person. It also helps to identify and oppose the generalizations, as well as the excessively abstract associations which tend to purely metaphysical understandings, fluid and empty of any content. The main virtue, however, is the proposed of understanding of the citizenship as a fundamental right and the examination of the relationship between citizenship and human dignity. In this context, citizenship appears as a corollary of human dignity and it goes beyond. This (human dignity) requires equality, non-arbitraries, non-excessive, disproportionate or unreasonable impositions affecting their freedom rights, and, yet, doesn’t affect a minimum core of possibilities of have to a decent life, in conditions of freedom and self-conformation involved in the necessary consideration of the individual as a subject. All of this requires a decision-making process, molded by the citizenship, which reaches the entire development process of possible state interventions, to ensure the person as a subject, the right holder and the objective point of reference of the juridical relations. Thus, the citizenship represents a substantial and beneficial addition to the human dignity, since the emancipated citizen is a person, formally and materially, qualified, to be able to build their own and collectively organized history, to participate effectively in the making processes decision juridical and social

Conselho estadual de meio ambiente do Rio Grande do Norte: paradigmas, proposições e atores sociais

The environmental movement rises up strongly in the year 1972 with the Stocolmus Conference, in the middle of pressions concerning the environmental preservation, in consequence of the environmental catastrophes. In spite of the fact that, in Brazil, the environmental movement has is institutionalization with the 1988 Constitution, in a way that the councils became democratic spaces, and provided the society’s participation in the management of public policies. In this way, we propose a discussion about the participation and the exercise of the citizenship in the State Council of Environment of Rio Grande do Norte (CONEMA), focusing the glance about the decisory process, as from the expression of the social actors. For that, our research compilate documents of the meetings of the referring council, transcribing the main discussions about the environmental necessities which were important in the potiguar society, and checking how these agents defend their interest during the meetings. We understand, with these informations, the role of CONEMA/RN as a communicative mechanism between State and Society. With the analysis of the informations of the extraordinary meetings from 2007 to 2014, we concluded that the CONEMA is a council where the civil organized society takes part on the decisory process, despite the great influence of the representative actors of public power over the representative actors of civil society. The results of this research confirm the discrepancy between the participation of representative councilors of civil society in CONEMA/RN. The conclusion point out that the civil society representative don’t, yet, assimilate the citizen duty, the responsibility of it1s action, producing, in this way, damages for the legal structure of the potiguar environmental legislation, with serious consequences on the public policy implementation

Deliberação e participação: dinâmica e efetividade do conselho de saúde de Mossoró/RN – 2009/2012

The social participation in Brazil takes a new impetus with the (re)democratization process of the Brazilian society and is strengthened by the resurgence of the civil society and the 1988 Constitution. In this context, the study is conducted with the scope to verify the effectiveness of deliberative Municipal Health Council of Mossoro (CMSM), with theoretical and methodological support based on the following models: the participatory normativity, which measures the degree of institutionalization, democratization and council representation; and the effectiveness of deliberative that, from the calling capacity and agenda of the participants, from the kinds of manifestation, from the decisions and the council’s office, that measures the degree of effectiveness of the deliberative council. It appears, thus, that the council has an average degree of effectiveness deliberative, standing out as means an institution that practice, despite the existence of obstacles and challenges, the role of control over municipal health policies, due, among other factors, the conservative political context, the asymmetry of resources between the counselors, the little substantive participation of the actors who attend its meetings, either counselor or not, and in particular, the reduced influence of the members in its decision-making process. In public management of Mossoro, social participation, especially social control over public actions, face, today, great number of difficulties to be held. The study recognizes that, in such circumstances, the council partially fulfills the role for which it was created, what does not impede, however, be characterized as an important deliberative space, since it allows the participation of representatives of the various segments of the state, society, their demands and intentions. Overcoming such obstacles moves through the interest of civil society to wake up and fight for the spaces in these institutions.

Políticas públicas de turismo: análise do desempenho das instâncias de governança turística e seus reflexos no fomento do turismo cultural no município de Manaus/AM (2003-2014)

This study has the main objective to analyze the role of the bodies of state and local governance of tourism, aimed at tourism development process in the city of Manaus / AM , by the public practices of planning, management and development activity in the respective municipality . To the specific objectives were established four aims: 1) To characterize the process of formation of governance entities active in tourism in the city of Manaus. 2) Lift the actions planned and executed by the authorities aimed at cultural tourism in the period 2003-2014. 3) To question through the perception of the actors representing the different classes and entities of the Amazonian society, the actions planned and executed by the authorities aimed at cultural tourism in the period 2003-2014 and 4) Identify key similarities and the differences in decision-making about actions aimed at cultural tourism in Manaus. We adopted a qualitative approach, using the methodological design of descriptive and exploratory, with the help of the use of the techniques of literature search, document, with on-site data collection through interviews with semi-structured script application forms to the representatives of sectorial institutions that make up the locations of governance in tourism. In addition, the treatment of information was used content analysis technique. In response to stated objectives, it can be concluded that the creation of public arenas, through the tourism of governance has enabled incipient discussion in a democratic manner and decision-making in the area of planning and management of tourism in Manaus. It was also observed that obstacles that hinder and undermine the structures of the bodies, which reflect the joint, in the promotion and cultural tourism development in the city of Manaus.

Qualidade de vida no trabalho: o caso de enfermeiros dos Hospitais Públicos Walfredo Gurgel e Santa Catarina

The theoretical foundation of this study addresses the construct Quality of Worklife involving pro-active reading organizations in face to social developments of the working class, which is a challenge to the people s management. In this sense, as a contribution to the studies of quality of worklife (QOWL), this study addresses the quality of lifework of nurses at Walfredo Gurgel and Santa Catarina public hospitals. The goal is to make a diagnosis about the quality of lifework of these employees taking as a basis dimensions and performance indicators shown in the model by Fernandes (1996). The research is characterized by field, in a descriptive way. This survey comprised 75 nurses, with 49 by Walfredo Gurgel hospital and 26 by Santa Catarina one. The data collection was carried out through structured questionnaire. The questions were processed in the software Statistic 6.0, with factor analysis and multiple regressions, after the systematization of data. As a result, the most nurses in hospitals are dissatisfied with the quality of lifework, with the highest incidence in Santa Catarina hospital. The variable occupational health assessment was more negative in the hospital Santa Catarina one, whereas in Walfredo Gurgel, was family assistance. The variable guarantee of employment was more positive assessment in two hospitals without, though, implying in high importance on QOWL of nurses. The factor structure and decision showed greater sensitivity to explain the QOWL of nurses, joining 17 variables from 40 of the model. The factor working conditions, joining 6 variables, showed the second highest sensitivity. The compensation factor, gathering 5 variables, showed the third highest sensitivity while image and health factors showed minor importance

Tecnologia social para autogestão : um estudo em empreendedorismo econômico solidário da cadeia produtiva da cajucultura no Rio Grande do Norte

The theme of this dissertation is social technology for self-management: a study in economic enterprise supportive of Rio Grande do Norte. The research aimed to obtain evidence that the reapplication of technology management, basic economic-financial and pricing, as production costs, has the potential to contribute to the self-management of APABV. The social technology and self-management are theoretical frameworks used and where workers are central figures in both the generation and replication of technologies that are compatible with their realities, as in the conduct and management approach adopted by them in their venture, they are makers decisions. To achieve the proposed objective was accomplished participatory research, which was used in addition to document analysis, participatory methodologies such as the construction of the DRP, group interview, experience in the production environment and family of entrepreneurs APABV. This research allowed the management technologies such as spreadsheets controls basic economic and financial costs, when socialized and understood by workers has the potential informational and become part of their daily decision-making process of the project, making up social technology

Tributação, finanças públicas e política fiscal: uma análise sob a óptica do direito e economia

In the Brazilian legal scenario, the study of taxation has traditionally been restricted to positivist analysis, concerned with investigating the formal aspects of the tax legal rule. Despite its relevance to the formation of the national doctrine of tax, such formalist tradition limits the discipline, separating it from reality and the socioeconomic context in which the Tax Law is inserted. Thus, the proposal of the dissertation is to examine the fundamentals and nature of taxation and tax legal rules from the perspective of Law and Economics (Economic Analysis of Law). For this purpose, the work initially reconnects the Tax Law and Science of Finance (or Public Finance) and Fiscal Policy, undertaking not only a legal analysis, but also economic and financial analysis of the theme. The Economics of Public Sector (or Modern Public Finance) will contribute to the research through topics such as market failures and economic theory of taxation, which are essential to an economic approach to Tax Law. The core of the work lies in the application of Law and Economics instruments in the study of taxation, analyzing the effects of tax rules on the economic system. Accordingly, the dissertation examines the fundamental assumptions that make up the Economic Analysis of Law (as the concept of economic efficiency and its relation to equity), relating them to the tax phenomenon. Due to the nature of the Brazilian legal system, any worth investigation or approach, including Law and Economics, could not pass off the Constitution. Thus, the constitutional rules will serve as a limit and a prerequisite for the application of Law and Economics on taxation, particularly the rules related to property rights, freedom, equality and legal certainty. The relationship between taxation and market failures receives prominent role, particularly due to its importance to the Law and Economics, as well as to the role that taxation plays in the correction of these failures. In addition to performing a review of taxation under the approach of Economic Analysis of Law, the research also investigates the reality of Brazilian tax system, applying the concepts developed in relevant cases and issues to the national scene, such as the relationship between taxation and development, the compliance costs of taxation, the tax evasion and the tax enforcement procedure. Given the above, it is intended to lay the groundwork for a general theory of Economic Analysis of Tax Law, contextualizing it with the Brazilian tax system