Justiça restaurativa no sistema penal e processual penal como forma de concretização do estado democrático constitucional

Diante do atual modelo penal e processual penal não atender aos reclamos das partes interessadas, gerando um descrédito na Justiça de um modo geral, surge a Justiça Restaurativa como uma alternativa para solucionar tais problemas e como elemento de concretização do Estado Democrático Constitucional. A Constituição Federal de 1988 representa o símbolo maior do processo de democratização e de constitucionalização nacional. O Princípio da Dignidade da Pessoa contida no texto constitucional consiste num dos principais fundamentos da República Federativa do Brasil, funcionando como respaldo aos direitos e garantias fundamentais do cidadão, sobretudo na seara criminal. A partir do processo de constitucionalização nacional, ocorre uma releitura das legislações infra-constitucionais, que passam a ser interpretadas de acordo com o texto constitucional. Atualmente, a conjuntura jurídico-penal pátria está associada à ideia de garantismo, ligada ao conceito de Estado Democrático Constitucional. Apresenta-se a Justiça Restaurativa como um novo modelo de Justiça Penal, mais flexível e humanizado, visando além da aplicação da pena imposta pelo Estado, superar uma situação de conflito, na busca por resultados positivos no combate e redução da criminalidade, a satisfação da vítima e a mudança da cultura de violência, compatível com as diretrizes do Estado Democrático Constitucional. A partir da análise do direito internacional e de projetos e legislações nacionais envolvendo a Justiça Restaurativa, percebe-se a eficácia das medidas restaurativas na solução de conflitos dentro do Processo Penal, além da satisfação da vítima, do infrator e de familiares na participação dos encontros restaurativos, constituindo ferramenta de satisfação da dignidade humana, dentro de uma perspectiva humanista e garantista

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

A alteração do tipo penal de adulteração de combustíveis: reflexo da constitucionalização do direito penal no mercado de combustíveis

The neoconstitutionalism led to a process of ethical revaluation of the normative systems and the process of constitutionalization of the many fields of law. This study examines the consequences of this process in criminal law, so important a Law field for the protection of the most valuable assets by the society, including the fundamental guarantees, thus emphasizing the necessity of protection of the collective and individual rights, which are guided by the observance of the defendants individual rights in the course of criminal proceedings and the search for the best efficiency of penal protection, according to the corollaries of defense against the state (prohibition of the excess or Übermassverbot) and the provision of rights by the state (prohibition of insufficient protection or Untermassverbot). The offense of fuel adulteration is taken as an object of study, since it is a vital market to a nation dependent of people and good s movement for their living, driven by fossil and biofuels. Such a crime affects essential legal interests to the development of society, interests such as the environment, consumer relations and economic order, particularly the principle of free competition. This paper seeks to analyze the need of a greater efficiency of this particular criminal protection, once concluded the conduct harm and social fear as a consequence by it as growing, and therefore having its former crime type, engraved in Article 1 of Law No. 8.176/1991, rewritten in compliance with the criminal law s principle of legality. Thus, the reformation proposals and legislative creation involving this crime were observed, with emphasis on the bill No. 2498/2003, which keeps it as blank heterogeneous criminal norm, kind of penal normative whose constitutionality is raised, including the forethought of criminal responsibility in the perpetrating of the offense as culpable and subsequently increasing the applicable minimum penalty, as well as the inclusion of new activities in the typical nucleus

Finanças públicas na nova ordem constitucional brasileira: uma análise comportamental dos municípios potiguares, nos anos antecedentes e posteriores à lei de responsabilidade fiscal LRF

The object of the present dissertation is to analyze the behavior of the public finances of the districts of the state of Rio Grande do Norte (RN), taking as reference a period fundamentally previous to the implementation of the Fiscal Responsibility Law LRF, comparatively to the first years, immediately after the advent of the mentioned institutional milestone. The central hypothesis of this study proposes that, from the institutions' viewpoint, the LRF sets securely consistent rules, in the orchestration of the behavior of the municipal revenues and expenses. These regulations, on the other hand, might be effective and reach the districts of the RN indiscriminately, apart from stabilizing tendencies and which are sustainable in the long run. In spite of this, the indicators calculated reveal that the districts researched show, during all the period under analysis, a diminished capacity of self-tax collection , and consequently, a high participation of the intergovernmental transfers in the composition of the current revenues. This behavior indicates that the goal of strengthening the municipal public finances, forecast in the LRF, tends to be only partially accomplished, due to the fiscal decentralism. The analysis and interpretation of the data are conducted from the literature of institutionalist orientation and in descriptive statistical tools applied to the municipal strata of the state of Rio Grande do Norte. Further on, it's used the econometrical method Pooled OLS, which demands the elimination of the municipal strata in order to allow the use of the model, in the attempt to strengthen and/or ratify the results of the research. Finally, the evidence reached in the dissertation show that the LRF brings better conditions to the potiguar municipal public finances, predominantly to the economically stronger districts; whereas the less dynamic municipal entities show rather divergent evidence, that is, their economies seem to be more oriented to a more pronounced state participation; therefore, it generates in the state of RN a certain antithesis in the results reached in the dissertation

Responsabilidade social empresarial: modalidades e grau de participação em meios de hospedagem em Ponta Negra, Natal/RN

That work has as objective to investigate and to analyze the strategies which they were developed by companies of lodging means with ends of social responsibility in Rio Grande do Norte (RN). Therefore, it got data along with the Office of Tourism of the Municipal district of Natal , the Office of Tourism of RN and the cadasters of the firms of the lodging means in the district of Ponta Negra. In after research of field, it verified the enterprises that now develop lodging activities in that quarter in Ponta Negra. It applied Instrument of research which it was elaborated based on the set of indicators of social responsibility of Ethos Institute, structured with binary questions and some open ones. It shows as results which actions the investigated companies develop. Confronting these results with researched theoretical referencial, it points an intermediate degree of socially responsible actions. Comparing with the evaluation accomplished by Ethos Institute, the investigated firms are in incipient condition, with punctual actions, however, they already present the awakening about this thematic

A influência da responsabilidade social empresarial na satisfação e fidelidade do cliente : um estudo com compradores de automóveis

This study presents an investigation of the influence of Corporate Social Responsibility (CSR) in customer s satisfaction and loyalty through a study with car s buyers, besides that, it aims to contribute to conceptual models of satisfaction and loyalty analysis by applying the model of Johnson et al. (2001), adapted for the introduction of variables of CSR and conscious consumption, in a car dealership in Natal / RN. The methodology has a descriptive quantitative approach and for the analysis results were applied statistical methods of simple and multiple linear regression analysis, descriptive analysis and exploratory analysis. The field research provided 90 valid forms. The results show that CSR affects the image of the company studied and is also one of the elements of the compound of satisfaction and loyalty. This study concludes that CSR should be considered in the strategic and marketing actions of firms

A pegada de carbono como um dos indicadores de sustentabilidade para medição da responsabilidade socioambiental empresarial: um estudo de caso na unidade sede da Petrobras em Natal-RN

As a contemporary tendency, it is been evidenced that the environmental changes theme, already admitted as a concernment to international economical and political reality, is also gaining repercussion on industrial and business sector. Firms are implementing actions on trial to minimize their own greenhouse gases (GHG) emissions impacts. However, the great majority of those actions of Corporative Social-Environmental Responsibility (CSR) are referred only to direct emissions of the main production systems. Direct emissions are those derived of an isolate process, without considering the upstream and downstream processes emissions, which respond for the majority of emissions originated because of respective firm‟s production system existence. Because the greenhouse effect occurs globally and the GHG emissions contribute to the environmental changes independently of their origin, it must be taken into account the whole productive life cycle of products and systems, since the energy invested on resources extraction and necessary materials to the final disposal. To do so, it must be investigated all relevant steps of a product/production system life cycle, tracking all activities which emit greenhouse gases, directly or indirectly. This amount of emissions consists in the firm‟s Carbon Footprint. This research purpose is to defend the Carbon Footprint relevance and its adoption viability to be used as an Environmental Indicator on measurement/assessment of CSR. It has been realized a study case on Petrobras‟s seat unity at Natal-Brazil, assessing part of its Carbon Footprint. It has been used the software GEMIS 4.6 to do the emissions quantifying. The items measured were the direct emissions of the own unity vehicles and indirect emissions of offset paper (A4), energy and disposable plastic cups consumed. To 2009, these emissions were 3.811,94 tCO2eq. We may conclude that Carbon Footprint quantification is indispensable to the knowledge of real emissions caused by a productive process existence, must serving as basis to CSR decisions about the environmental changes reversion challenge

Responsabilidade social e competitividade :um estudo sobre a influência de práticas sociais na decisão de escolha de um destino turístico

The work objective was to investigate the influence of social practices social in the choise decision of a tourist destination. For in such a way, a survey with the aid of a questionnaire, was used as being the research instrument. The study used a simple random sample without replacement, due to elements of the population had a equal probability different of zero, to be selected for forming part of the sample. The used collection method of data was personal interview. The data was collected at Augusto Severo International Airport at the moment in which tourists were embarking in return to the residence place or another tourist destination. For determination of sample size, it was considered the tourist who had visited Natal in November and December, 2004, supplied by the Secretariat of Tourism in the RN. The sample for the research was of 403 people. Results showed that the interviewed express the existence of high level of competitiveness in the tourism industry. It was observed that 42.5% of the interviewed believes to exist a very aggressive competition, and 47.5% believed that the competition is aggressive in the tourism industry. 10.4% of the interviewed expressed much interest in knowing about social practices in the tourism industry and 2.8% had not presented any interest in knowing about social practices in the tourism industry. For the interviewed, the travel agency image is a significant item in the choice for a tourist package, because of 35.6% believed that this factor is very important in the choice. 5% of the interviewed only find that little important or that sometimes the travel agency image can be seen as s decisive factor in the tourist package choice

Despertando responsabilidade social no ensino médio por meio de temáticas associadas à física nuclear

Many discussions about the role of the school are on the agenda, in an increasingly complex society. Sociologists, educators, anthropologists, researchers of different areas seek that role. The objective of this dissertation is to contribute what we can consider the central role for the physics teaching, citizenship training. We have elaborated a didactic proposal to increase the interest of high school students on issues of social relevance and, throughout it, to promote the formation of attitudes of social responsibility, enhancing the formation of a more politically and socially active citizen. For the preparation of the proposal, studies were made on education for citizenship and on attitudes change, using as its main theoretical foundation the researches on the Science, Technology and Society curricular emphasis. The teaching of Nuclear Physics was integrated to our proposal, due to its pedagogical potential for the discussion of social, political and economic subjects related to scientific concepts and associated technologies. The educational proposal we have produced was applied on a high school class of a private school at Natal-RN. It was composed from the controversial issue involving the installation of nuclear power plants in Brazilian northeast. The methodology of role playing, in which students assumed social roles and produced specific subsidies for a public hearing and a later referendum, both simulated. In the analysis of the implementation of the proposal, we highlighted the difficulties but also the possibilities and the relevance of exercising skills such as reasoning, finding information, and arguing about of social problems. The results of the research showed the possibility of meaningful learning on Nuclear Physics contents, through this social, political, economic, scientific and technological contextualization using a controversial and real issue together with mechanisms that trigger for greater popular participation, as public hearing. It has also been identified changes in attitude by some students about issues related to Nuclear Physics. We hope, through this dissertation, to contribute to the formation of future citizens as well as to the initiative of teachers-researchers with pedagogical aims similar to those in the present work

A (não) assunção da responsabilidade enunciativa no gênero acadêmico artigo científico produzido por alunos do curso de Letras

This research is inserted in Textual Analysis of Discourses (from now on, TAD), elaborated by linguist J-M Adam and developed nowadays by scholars from Brazilian textual linguistic. ATD consists of a theoretical and descriptive perspective from Textual Linguistics that is concerned about a theoretical and methodological position which sets Textual Linguistics in the most extensive Discourse Analysis panorama. In this work, on the enunciative level of text we investigate: the enunciative responsibility (ADAM, 2008) in 14 examples of the academic genre paper published in the journal Ao Pé da Letra and written by university students from degree in Language. The research is oriented by the studies about enunciative responsibility by Adam (2008, 2010), Rabatel (2010), Guentchéva (1994), the perspective of discursive heterogeneity by Authier-Revuz (2004). We established as general objective: (1) Analyzing the occurrence of the (not) assumption of enunciative responsibility in the academic genre paper . The analysis followed the qualitative paradigm on an interpretative basis. The conclusions show, therefore, the excerpts of the discursive genre used to present the analysis reveal a particular nature of using the recourse to the discourse of several knowledge sources that many times can (not) be assumed by the enunciator.

Entre a fé, a obra social e a publicidade: uma análise crítica do discurso da responsabilidade social da Igreja Universal do Reino de Deus

Situated on Applied Linguistics (PENNYCOOK, 1998; MOITA LOPES, 2003, 2006, 2008, 2009), this thesis, which is inscribed in a qualitative-interpretative approach of a critical analysis perspective , lies on the speech of social responsibility and the way like that is employed in seeking for legitimacy and prestige within the neopentecostal brazilian religious field, more specifically of the Universal Church of the Kingdom of God. The general goal of this research is t reflect upon the speech on social responsibility and the rethoric of selfpromotion of the Universal Church through the role of social actors in the making of his her identities, materialized in the newspaper Folha Universal. In order to achieve that, we have conjugated, in this research, social and discursive analysis. On the linguistic-discursive approach, the research is based on the Critical Analysis of Discourse (ACD), specially in Fairclough (2001, 2003, 2006), a proposal that provides theoretical-methodological tools to investigate the language beyond the linguistic structures , that is, the discourse, social practices in which it occurs and more ample structures. Theoretical assumptions were also used of Sistemico-Functional Linguistics(LSF), matching with categories of the Transitivity System of Halliday (1994, 2004), of the forms of representation of social actors in the socioeconomic perspective by Van Leeuwen (1997, 2008) and of the Appraisal system by Martin and White (2005). As we develop the argumentation on thesobre social role of religion in this thesis, we make use of the authors such as Freston (1994), Oro (1997, 2003), Campos (1996, 1999), Mariano (1999), Meneses (2008), among several ones. We have also used a series of concepts and categories coming from the field of communication and marketing on the business social responsability and social marketing . In this area, we take as references the contributions of Bueno (2003), Fossá and Sartoretto (2003) and Zenone (2006). The corpus of the work is framed by news taken at the newspaper Folha Universal, in which are given the social responsibility actions of the church . The timeframe used was on the editions of 2010 thru 2012. Results found at he analysis of the News lead to semantic features of Assessment of Affection, Judgment and Appreciation, many times followed by Gradation, and the Attribution, one of the subsystems of the Attachment, are evidence of positive assessments for the Universal Church and its agents and make up rethorical elements which provide structure for the discourse of the Universal Church at the newspaper Folha Universal consisted of its image (style) of social responsibility . Results show that the most frequente social actors of the discourse are, on one hand, the Universal Church itself and its volunteers, famous (actors, actresses, presenters), politicians and authorities, on the other hand, the population which was helped by the Church social projects . The first group seems to be Always activated, however the second one, most of the time rather passive. These are also represented by assimilation in most of the occurrences, however the other ones by individualization and nomination entitled by honorification, except for the volunteers that are represented either as an individual, or as a group

A responsabilidade enunciativa em Itinéraire d un Voyage en Allemagne

Nossa pesquisa se circunscreve nos estudos da Análise Textual dos Discursos, proposta pelo linguista Jean-Michel Adam. Nosso foco principal está voltado para o fenômeno da Responsabilidade Enunciativa (doravante RE). Além das categorias de análise para se estudar a RE, conforme Adam (2008, 2010, 2011), também seguiremos outros estudiosos no assunto, como Oswald Ducrot (1984), os teóricos Teoria Escandinava da Polifonia Linguística, (2004), Zlatka Guentchéva (1994), Jean-Pierre Desclés (2009) e Jacqueline Authier-Revuz (1998, 2004). Utilizaremos os pressupostos apresentados por Alain Rabatel (2004, 2008, 2009, 2010), sobretudo, no que concerne às noções de locutor/enunciador, ponto de vista ou vozes que podem ser encontradas em um texto. Para tanto, analisaremos um relato de viagem, Itinéraire d un Voyage en Allemagne (doravante Itinéraire), escrito no século XIX por Nísia Floresta, uma norte-rio-grandense que fez residência na França e ficou conhecida como uma das primeiras feministas do Brasil. O relato de viagem é um gênero diferenciado para se analisar a RE, sobretudo o Itinéraire, pois nele também podemos encontrar a presença de outros gêneros, quais sejam: epistolar e autobiográfico. Assim, percorreremos, primeiramente, algumas abordagens sobre gêneros de discurso, utilizando-nos, principalmente, dos pressupostos de Mikhail Bakhtin (1992, 2003), Geneviève Bordet (2011), Jean Michel Adam (2011) e Luiz Antônio Marcuschi (2008) e, posteriormente, apresentaremos algumas características que envolvem os gêneros citados. Por fim, para análise dos dados, estamos seguindo a abordagem qualitativa de natureza interpretativista. Nossa pesquisa comprovou que o Itinéraire apresenta muitas marcas de assunção da RE, mas que, apesar de Nísia Floresta ser locutora e enunciadora, é possível encontrar marcas de não assunção da RE, ou seja, outros PDV

Análise textual dos discursos: responsabilidade enunciativa no texto jurídico

This investigation aims at describing, analyzing and interpreting the Commitment in Initial Petitions, which is a genre circumscribed in the judicial domain. For this purpose, we have chosen sections, facts as found and relevant law , sections of the petition, with the understanding that, in this way, respectively, the narration of events, which gives margin to the propositioning to the judicial action, and the exposition of the law that upholds the author s intention. We base our discussion on the field of Linguistics, more precisely, Textual Discourse Analysis (TDA), whose theoretical basis is derived from Textual Linguistics (TL) and Enunciative Linguistics. We foreground, particularly, the way in which the author of texts, objects of analysis, use discursive strategies that evidence ER. The relevance of this study, then, is in the formation of a critique of the judicial text, as it conceives of a dialogical approach to the point of view, raising not only questions about the way in which a linguistic instance conceives an object of discourse, but also considering questions of language inherent to technical writing and, in this aspect, contributing to the work of those operating in Law about the many ways ER is formed in the body of a petition. We selected two categories to analyze that, according to Adam (2011), characterize the degree of ER in the textual material of the propositional enunciations: the different types of representation of speech and the indications of profile of mediators. In this sense, with this task as an objective, we base our study regarding point of view on Rabatel (2003, 2009a, 2010) with relation to the enunciative approach, including the study of PDV in polyphonic and dialogical theoretical framework to study the ER from different types of speech representations that conceive forms of transmission of discourse and the role of the enunciating subject, mainly the responsibility and the prerogative by the propositional contents. In the same way, intending to study the indications of the mediator profiles, we observed the postulations of Guentchéva (1994, 1996), which develop the notion of mediative grammatical categories, of which permit the linguistic marking of distance and engagement of the enunciator with regard to the information expressed. The methodology we adopted was based on qualitative research, of an interpretive and introspective nature, in light of the fact that his study focuses on processes and strategies underlying language use. The corpus of the research is comprised of Initial Petitions, which gave rise to actions originating in the Civil Court of Currais Novos County RN. The data analysis shows that an object of discourse is always perspective oriented and presents the point of view of one or more enunciators. Consequently, the producer of a text, using the PDV of other enunciators, influences and establishes the argumentative orientation of the text. In the same way, it evidences the relevance of the use of mediated constructions in the judicial text, as they function as strategies attenuated to the responsibility of the producer of the text with what is said, and at the same time points to a discourse of authority through the entrance of the sources of law. Moreover, it reveals the documental and international importance of this practice, at the same time that it exposes the compositional and normative difficulties with regard to legal and linguistic aspects

O PAPEL DO CETICISMO NA FILOSOFIA DO JOVEM HEGEL

Ce travail veut montrer que le scepticisme n‟est pas q‟un des principaux défis pour la philosophie moderne jusqu‟a la déflagration da la Reforme Protestante, la redecouverte et la traduction des textes de Sexte Empirique. La reception de ce scepticisme n‟est q‟un des principaux facteurs qui determinent le noveau fondament da la philosophie moderne avec base dans la subjectivité. Dans ce contexte d‟un nouveau fondament de la philosophie sous la base de la subjectivité, Hegel aborde le problème du scepticisme. La pensé developpé par Hegel dans période de Jena (1801-1807), principalement dans l‟écrit de la Differance parmi les philosophies de Fichte e Schelling, et dans les articles du Journal Critic de Philosophie, Relation du scepticisme avec la philosophie et Foi et Savoir, part du dialogue avec la philosophie d‟idealisme allemand, qui est le point plus haut du subjectivisme dans la philosophie developpé à partir du retour du scepticisme. Hegel essaye à travès l‟interpretation et la superation du scepticisme, établir une nouvelle base pour la philosophie. Alors, le scepticisme, dans cette période de la philosophie d‟Hegel, a la function d‟être la negativité propre à la authentique philosophie qui anéante le point de vue des les philosophies de la subjectivité. Cette manière comme Hegel intégre la scepticisme à sa philosophie, a son point plus haut dans la Phénoménologie de l Esprit. La figure du scepticisme parfait présenté dans l‟introduction de la Phénoménologie de l Esprit a la function de faire le passage du point de vue des philosophies de la subjectivité au point de vue espéculatif da la raison

Heráclito na filosofia do jovem Nietzsche

In the early 1870s, the German Philosopher Friedrich Nietzsche, professor of philology in Basel, researches the ancient Greek philosophers. These studies result in texts as The Preplatonic Philosophers, also known as Lessons on Pre-platonic Philosophers, and Philosophy in Greek tragic age. Using both texts as sources, this dissertation aims elucidating the Nietzsche's interpretation about Heraclitus, in other words, comprehend how Nietzsche recognizes in Heraclitus a philosopher with an aesthetic vision of the world, a contemplative and cheerful view of the world, the becoming, defined by the incessant change, as a child's play that builds and destroy sand castles on the shore. This spectacle, as Nietzsche believed, would be unveiled first by Heraclitus and must be contemplated eternally