Desenvolvimento como acesso às políticas públicas: a reforma do estado e a concretização dos direitos prestacionais

The state s evolution, after its liberal and the social stages, arrives at the post-social state, also regarded as regulatory state, which, in order to accomplish the state s aims, employs indirect interventions in the economy. The new model of administration adapts principles and concepts form the private sector such as the quest for efficience and tangible results, also striving for the decentralization of state s power to improve effectiveness before the new paradigm of handling of affairs of public interest. Present state derives its legitimacy from the efficiency principle, the legitimacy of the public administration cannot be limited to an analysis of legality, but the fulfillment of the ends envisaged by the public authority on its policies. These public policies have the objective of satisfying fundamental rights of the citizens. The access to public policies set by states as a way of enjoyment of the aforementioned rights constitute a legal and demandable path of development. The creation of public policies and the access to them must abide to the efficiency principle. This access must be taken unther the principles of legal and material equality, inasmuch as the liberty and real liberty. The access must also be observed as a matter of limited resources to grant, in reality, the access and enjoyment of these rights. The demandable nature of the access to public policies binds the public authority into broadening the range of these policies to every one who needs them. Thus, in this spectrum, the role of the Regulatory State, as the legal instruments for access of public policies as a legal path to development, is analyzed in the present work

A intervenção estatal no domínio econômico privado através da nova lei de recuperação de empresas e falências (lei 11.101/05)

Analysis of the elements of the Constitutional Order of the letter 1988 politics, with emphasis in the principles of this, a study on the intervention of the State in the private initiative by means of the Law of Recovery of Companies and Bankruptcies (law 11.101/05). New enterprise vision is admitted, over all in the interdependence between economic and social factors. Study on the globalization and the interdependence of economic and legal sciences in the construction of a legal optics in the search for the economic and social development, with the recognition of the interference of the Economy in the Right and its uneven importance. Still, we delineate the state intervention in the economic scope, of company and in the judicial recovery, as well as the consequences of such intervention in the involved credits in the judicial recovery and patrimony of the debtor in recovery. For such task, the elements of the Judicial Recovery, its principles and adequacy of these to the related ones in the chapter had been analyzed that turns on the national economic Order, describing the formal procedure for concession of the benefit of the Judicial Recovery and the principles in existing them. The forms of intervention of the State in the private economy were not disrespected, relating its direct and indirect performance as half of preservation of interests writings in the constitutional scope as public interest and preservation of the National economic Order. The regulating agencies as of direct state intervention were half not disrespected of the study for the relevance of the subject. It is revised national bibliography with incursions in French, Portuguese and North American comparative jurisprudence. One contributes in the aspect of the paper of the Judiciary Power in the protection of the companies in crisis and the social and economic impacts, over all in relation to the rights of the worked ones, credit and enterprise

As sanções políticas, mecanismo de intervenção do estado na ordem econômica e tributária

This work pursues to analyze the sanctions of restrictive nature, which are characterized by impeding the business of the contributor in debt. Such sanctions known as political sanctions, are truly understood as an indirect way of tax enforcement, liable to cause problems to the private entity in curtailing, the initiative freedom, opposing the Article 5°, item XIII and Article 170, single paragraph of CF/88. As the State gets the several means to assure the economic order effective performance, it is up to the State to restrain the economic power abuse that objects to the marketing domination, to the ending of competition, and arbitrary increasing of profits (CF Article 173, § 4ª.) Therefore, it depends on the state, besides maintaining the economic order, to ensure a fair distribution of tax burden and act under the command of the Democratic State of Law principles. In order to make the tax collection effective, specific in some cases, the administrative fiscal agent uses coercive, excessive, and institutional, in imposing sanctions which causes constraint, maculating the contributor s essential rights, that matters of the necessity to force the tax credit ending. The principle of the free initiative and free competition, which are intended to be analyzed in this study, comes from a constitutional context and it will be reviewed in its systematic relations and with another rules, in order to evidence, at the end, the occurrence of an intervention towards the economic order when the State makes do of political sanctions as a tool for the tax credit effectiveness, infringing the Tax and Constitutional principles

A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

Responsabilidade civil como função social na distribuição e revenda de combustível face ao direito do consumidor e ao meio ambiente

The civil liability of the distribution and retail fuel stems from the fact business activity developed to be high risk and can be said as risk inherent or latent danger that has predictability and normality characterized by placing the consumer in a position of vulnerability, such as the environment, both public policies defined and constitutional protection. Consumer protection as a fundamental right and the environment as the primacy of social order aims the welfare and social justice, as inserted right to the third dimension, are guarded by the State when it creates operational standards through public policies and indirectly intervenes in the economic order. This intervention is due to consumer protection and the environment are economic order principles, founded on free initiative and free competition, ensuring everyone a dignified existence which underlies the irradiation of fundamental rights in private initiative, before the commercial evaluation, mass consumption, the emergence of new technologies that link consumers to the environment before the protection of life, health and safety and ensuring a better quality of life for present and future generations. To repair this damage and the right to information are provided as fundamental rights that put the person at the epicenter of the relations and collective interest stands out against individual interests that to be done need public-private partnership. In such a way that the used methodology was an analysis of documents correlating them with bibliographic sources whose goals are to recognize the civil responsibility as limit to subjective right, having to develop a social function where guilt and risk grow distant and the damage is configured as a consequence of inherent risk, requiring the State interventional postures in fulfilling its public policy; prevailing in these risky activities the solidarity of those involved in the chain of production and socialization of damage forward those are provided directly of products of hazardous nature that put in a position of vulnerability the environment and the consumer

PLANFOR: política compensatória para a inclusão na informalidade?

Study about the national politics on the professional education, under responsibility of the brazilian Work Department in 1990 years. Purposes to apprehend the results of the actions of the professional education in a basic level, offered by the National Plan of the worker qualification ( PLANFOR ), as well as the effects on the assisted exits, starting from the experience appreciated on the Plan of Qualification developed in the state of Maranhão between 1996 to 2000. It adopts a theoretical-methodological conception by an ontological nature, if being worth of categories as the one of totality and of mediation that together, makes possible the apprehension of a dialectical movement that happens among the analysis object, the professional education politics in a basic level, performed by PLANFOR and your context, the underdevelop and heterogeneous Brazilian capitalism and the consequent job market generalized precarious and informal, making possible that the reality investigated become to understood rationally. This paper uses the indirect documentation technique, instruments of the bibliographical research and documental research. This study is based on those that aren´t part of PLANFOR, qualified by professional education courses in basic level,they didn't get to be inserts at the formal job market, just occupying precarious occupations in the informal job market. Aims to presents and discusses the productive process and your restructuring globally in progress. It focuses at the impacts on the workers, the precariousness of the work that appears like a new phenomenon calls new informality. Talks about the particularity process of productive restructuring assumed in Brazil highlights, showing that the informality, was always a structural phenomenon in the country. Discusses about the professional qualification in the contemporary capitalism, specifying some of your theses. Shows in a historical view the process of appearance of the employment notions and competence, and the influence that it exercised on the reforms of the basic and professional education, as well as the implications of both in the politics of professional education in the country. Rescues the process of creation of PLANFOR, your official formulations and your organized bases, starting from the second half of the 1990 decade. Shows yet the continuos changes in the job market of Maranhão state, for after, starting from the reports expresses at the Plans of Qualification from the state, elaborated by the Group of Evaluation and Studies of the Poverty and the Politics addressed to the poverty from the Master degree Program in Public Politics, from the Federal University of Maranhão, analyzing the acting of PLANFOR in the State, your probable deficiencies, as results the changes verified in the conditions of occupation and the gains of the exits from the professional education courses in basic level

Ergonomia e Odontologia: determinantes da postura corporal dos estudantes da clínica-escola de uma Universidade Federal

Posture is one of the most worrying problems dentists face. That is because of the high incidence of low back pathologies regarding the professional activity, despite the development on the field of Dental Ergonomics. This work took place at the dental schoolclinic at a Federal University, and it was grounded on the Ergonomic Principles in the workplace. Its main objective was to analyze the determinants of inadequate posture adopted by students inasmuch as the adoption of non ergonomic methods at the school-clinic may influence them to develop inadequate postures in their working environment. The analysis of the activity showed us that it requires some complex procedures in the patient s mouth. Thus, when the students carry out the activity, they start to adopt, although unconsciously, inadequate postures which will make easier the visual accuracy and the access to the operation focus. In case there is no internal (body awareness) or external warning mechanisms (the professor s or the partner s counseling) regarding posture or possible risks which lead them to self-correction, the students become vulnerable to osteomuscle disorders. The time pressure, because the students are expected to perform their task in a predetermined clinical time. The facts related to each patient s variability as well as the stress caused by the expectations to get their work done in time make the students to advance it believing they will waste time if they help their partners or using an indirect view. We could also notice that there was no assistant to perform the job of minor ones, as well as there was no professor who could actually connect the knowledge on Ergonomics to its working practice. The conclusions of this work stand out the need of widen the discussion at the academic environment regarding health professionals in places such as universities. The ergonomic principles in the workplace aim a multidisciplinary analysis based on the experience of students, professors, staff members and janitors that can contribute to some reflection upon the issue and consequently actions which will bring positive changes at the working environment

Diagnóstico Socioambiental da disposição final dos resíduos sólidos no distrito de Guajiru São Gonçalo do Amarante/RN, ressaltando a situação socioeconômica dos catadores

One of the concerns of this century is with the handling and the final destination of urban solid waste (RSU), where depending on the form as they will be made use, they can cause diverse problems, they are of ambient or social order, being able to generate the loss of the quality of life and illnesses to the population, of direct or indirect form. The objective of the present work was to diagnosis the environmental partner situation of the Final Destination of the urban solid residues in the District of Guajiru, city of São Gonçalo do Amarante/RN, standing out the partner-economic situation of the scavengers. The research was carried through in the period of March of 2008 the October of 2009, with a methodology developed through analyzes them of documents made available for the state ambient agency, the Air base of Christmas and managing agencies of the city. For collection of the date, it was used directly application of the questionnaire with 20 existing scavengers in points of destination of residues, evaluation of the old place of final destination through the use of the spread sheet of the IQR (Index of Quality of the Residues), developed for the CETESB, identification of the matter dump and photographic register. For effect of treatment of the data, a descriptive analysis with regard to the answers of the interviewed scavengers was carried through. The acquired date, Scale had been according to tabulated and analyzed in Excel 2003, where they had been generated graphical to observe the behavior of the data. The results show that of the twenty interviewed scavengers, 35% possess age between 20 and 30 years; 75% possess incomplete basic education; 60% inhabit in houses of waal or huts (cardboard or wood); 55% do not make use of system of water supply and system of sanitary exhaustion; with regard to income monthly for scavengers, 35% had presented income between R$ 200,00 and R$300,00 and 20% possess income above of R$ 500,00 for possessing another source of income; 80% of the interviewed ones, use some type of equipment of individual protection; In the year of 2009, confirming what it was informed by the State agency of Environment, during the field visit, we evidence that the city of Is Gonçalo do Amarante, currently, destines its residues in Sanitary landfill of São Region Metropolitan of Natal in the District of Massaranduba in the city of Ceará-Mirim, after some interventions of the State Public prosecution service. However, in the district of Guajiru some diggings still exist that today are used as final destination of RCD' s (Residues of Construction and Demolition) of the cities of Natal and São Gonçalo do Amarante, as well as private dumps that are used by scavengers that deviate the final destination (Sanitary landfill) of the residues of the great generators (supermarkets, shopping Center and hotels), with presence of urubus, generating a new ambient problem for the city and the aeroportuária security. Ahead of this scene, the study it suggests viable alternatives for the elimination of the private dumps and for the social situation of the escavengers, aiming at to improve its quality of life and 10 to minimize the ambient impacts caused by the inadequate destination of the solid waste in the community of Guajiru, São Gonçalo do Amarante/RN, being able to contribute so that the public managers carry through action in the handling and the control of the final destination of the urban solid waste

Estabilidade e robustez de um controlador adaptativo indireto por um modelo de referência e estrutura variável

In this thesis, it is developed the robustness and stability analysis of a variable structure model reference adaptive controller considering the presence of disturbances and unmodeled dynamics. The controller is applied to uncertain, monovariable, linear time-invariant plants with relative degree one, and its development is based on the indirect adaptive control. In the direct approach, well known in the literature, the switching laws are designed for the controller parameters. In the indirect one, they are designed for the plant parameters and, thus, the selection of the relays upper bounds becomes more intuitive, whereas they are related to physical parameters, which present uncertainties that can be known easier, such as resistances, capacitances, inertia moments and friction coefficients. Two versions for the controller algorithm with the stability analysis are presented. The global asymptotic stability with respect to a compact set is guaranteed for both cases. Simulation results under adverse operation conditions in order to verify the theoretical results and to show the performance and robustness of the proposed controller are showed. Moreover, for practical purposes, some simplifications on the original algorithm are developed

Enumeração de espectro de distâncias de esquemas de modulação codificada em treliça empregando codificação turbo

In this work, a performance analysis of transmission schemes employing turbo trellis coded modulation. In general, the performance analysis of such schemes is guided by evaluating the error probability of these schemes. The exact evaluation of this probability is very complex and inefficient from the computational point of view, a widely used alternative is the use of union bound of error probability, because of its easy implementation and computational produce bounds that converge quickly. Since it is the union bound, it should use to expurge some elements of distance spectrum to obtain a tight bound. The main contribution of this work is that the listing proposal is carried out from the puncturing at the level of symbol rather than bit-level as in most works of literature. The main reason for using the symbol level puncturing lies in the fact that the enummerating function of the turbo scheme is obtained directly from complex sequences of signals through the trellis and not indirectly from the binary sequences that require further binary to complex mapping, as proposed by previous works. Thus, algorithms can be applied through matrix from the adjacency matrix, which is obtained by calculating the distances of the complex sequences of the trellis. This work also presents two matrix algorithms for state reduction and the evaluation of the transfer function of this. The results presented in comparisons of the bounds obtained using the proposed technique with some turbo codes of the literature corroborate the proposition of this paper that the expurgated bounds obtained are quite tight and matrix algorithms are easily implemented in any programming software language

Desenvolvimento de um Sistema de Automação e Supervisão de Máquinas Dispensadoras Através da Internet

This paper aims to design and develop a control and monitoring system of vending machines, based on a Central Processing Unit with peripheral Internet communication. Coupled with the condom vending machines, a data acquisition module will be connected to the original circuits in order to collect and send, via internet, the information to the healthy government agencies, in the form of charts and reports. In the face of this, such agencies may analyze these data and compare them with the rates of reduction, in medium or long term, of the STD/AIDS in their respective regions, after the implementation of these vending machines, together with the conventional preventing programs. Reading the methodology, this paper is about an explaining and bibliography research, with the aspect of a qualitative-quantitative methodology, presenting a deductive method of approach and an indirect documentation technique research. About the results of the tests and simulations, we concluded that the implementation of this system will have the same success in any other type of dispenser machine

Redes neurais artificiais no ambiente de redes industriais foundation fieldbus usando blocos funcionais padrões

Industrial automation networks is in focus and is gradually replacing older architectures of systems used in automation world. Among existing automation networks, most prominent standard is the Foundation Fieldbus (FF). This particular standard was chosen for the development of this work thanks to its complete application layer specification and its user interface, organized as function blocks and that allows interoperability among different vendors' devices. Nowadays, one of most seeked solutions on industrial automation are the indirect measurements, that consist in infering a value from measures of other sensors. This can be made through implementation of the so-called software sensors. One of the most used tools in this project and in sensor implementation are artificial neural networks. The absence of a standard solution to implement neural networks in FF environment makes impossible the development of a field-indirect-measurement project, besides other projects involving neural networks, unless a closed proprietary solution is used, which dos not guarantee interoperability among network devices, specially if those are from different vendors. In order to keep the interoperability, this work's goal is develop a solution that implements artificial neural networks in Foundation Fieldbus industrial network environment, based on standard function blocks. Along the work, some results of the solution's implementation are also presented

Uma proposta de um controlador adaptativo por posicionamento de pólos e estrutura variável

There are two main approaches for using in adaptive controllers. One is the so-called model reference adaptive control (MRAC), and the other is the so-called adaptive pole placement control (APPC). In MRAC, a reference model is chosen to generate the desired trajectory that the plant output has to follow, and it can require cancellation of the plant zeros. Due to its flexibility in choosing the controller design methodology (state feedback, compensator design, linear quadratic, etc.) and the adaptive law (least squares, gradient, etc.), the APPC is the most general type of adaptive control. Traditionally, it has been developed in an indirect approach and, as an advantage, it may be applied to non-minimum phase plants, because do not involve plant zero-pole cancellations. The integration to variable structure systems allows to aggregate fast transient and robustness to parametric uncertainties and disturbances, as well. In this work, a variable structure adaptive pole placement control (VS-APPC) is proposed. Therefore, new switching laws are proposed, instead of using the traditional integral adaptive laws. Additionally, simulation results for an unstable first order system and simulation and practical results for a three-phase induction motor are shown

Estratégia de controle robusto para interconexão de sistemas PV trifásicos à rede elétrica

Atualmente há uma grande preocupação em relação a substituição das fontes não renováveis pelas fontes renováveis na geração de energia elétrica. Isto ocorre devido a limitação do modelo tradicional e da crescente demanda. Com o desenvolvimento dos conversores de potência e a eficácia dos esquemas de controle, as fontes renováveis têm sido interligadas na rede elétrica, em um modelo de geração distribuída. Neste sentido, este trabalho apresenta uma estratégia de controle não convencional, com a utilização de um controlador robusto, para a interconexão de sistemas fotovoltaicos com à rede elétrica trifásica. A compensação da qualidade de energia no ponto de acoplamento comum (PAC) é realizada pela estratégia proposta. As técnicas tradicionais utilizam detecção de harmônicos, já neste trabalho o controle das correntes é feita de uma forma indireta sem a necessidade desta detecção. Na estratégia indireta é de grande importância que o controle da tensão do barramento CC seja efetuado de uma forma que não haja grandes flutuações, e que a banda passante do controlador em regime permanente seja baixa para que as correntes da rede não tenham um alto THD. Por este motivo é utilizado um controlador em modo dual DSM-PI, que durante o transitório se comporta como um controlador em modo deslizante SM-PI, e em regime se comporta como um PI convencional. A corrente é alinhada ao ângulo de fase do vetor tensão da rede elétrica, obtido a partir do uso de um PLL. Esta aproximação permite regular o fluxo de potência ativa, juntamente com a compensação dos harmônicos e também promover a correção do fator de potência no ponto de acoplamento comum. Para o controle das correntes é usado um controlador dupla sequencia, que utiliza o princípio do modelo interno. Resultados de simulação são apresentados para demonstrar a eficácia do sistema de controle proposto

Desenvolvimento e caracterização de soluções ternárias água-glicerol-propilenoglicol como fluido refrigerante secundário

Conselho Nacional de Desenvolvimento Científico e Tecnológico