30 resultados para Lei complementar, Brasil


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This present Thesis, is explorer work and presents an analysis of e-wastes of the industry of cellular mobile telephony, evaluating the evolution of the telecommunications nets and as if it holds the global and Brazilian market of cellular telephony. It approaches the elements gifts in the cellular devices that can badly cause to the environment and the health, the discarding of the devices in end of life cycle is made. It analyzes the new European regulation of electric equipment residues and electronic, the WEEE, as it influenced the strategy of the companies manufacturers of mobile phone cellular and of that she forms is possible to create a Brazilian national industry for recycling of devices of cellular, with conditions to globally competition. For this some possible models of being implanted in Brazil are presented. The project of law 203/91 on solid residues is argued and as it would be interesting if to persist some proposals presented to the project, to create a Brazilian market of recycling with capacity of global competition for use to advantage of the European regulation if to get a competitive advantage

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This Master of Science Thesis deals with applying DEA (Data Envelopment Analysis) to the academic performance evaluation of graduate programs in Brazil, exploring it on a Mechanical and Production Engineering Program 2001-2003 data. The data used is that of the national assessment carried by CAPES, the governmental body in charge for graduate program assessment and certification. It is used the CCR output oriented DEA model, the CCR-Output with Assurance Region, and Window Analysis. The main findings are first that the CCR has the concerning problem of zero values of weights of outputs that is not appropriate in a sense that a graduate program has the higher efficiency score zeroing some output (e.g., number of academic papers published). Secondly, the Assurance Region method proved useful. Third, the Window Analysis also gave some light to the consistency of the performance in the time frame analysed. Also, the analysis results in the understanding that the Mechanics and Production Engineering should not be assessed jointly like currently applied by CAPES and rather should be assessed in its own field separately. Finally, the result of the DEA analysis showed some serious inconsistencies with the CAPES method. Graduate programs considered excellent has got low performance score and vice versa. This Thesis provides a strong argument in order to use DEA at least as a complimentary methodology for graduate program performance evaluation in Brazil

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This work has the main purpose of conducting a survey of educational products present in dissertations and doctoral theses focused on the use of history in mathematics teaching and Didactics of mathematics with a French foundation produced in graduate programs in the strict sense of the Brazil between 1990 and 2010, the areas of Education, Mathematics Education, school of Natural Sciences and Mathematics and related areas, according to the research proposal of Mendes (2010). Our interest was to select the products that present concrete proposals for educational activities that can be used in the classroom of Basic Education and Training of Teachers of Mathematics. The research was implemented through a bibliographic study documents the Bank of dissertations and theses from CAPES, libraries and archives of some Postgraduate programs in the country who focus their studies on the subject object of this research, besides the Brazilian Digital Library Theses and Dissertations (BDBTD). From this survey we selected works that present educational products materialized in blocks of activities based on the use of teaching history of mathematics to the classroom as well as the sequence of activities based on the Teaching of Mathematics. In possession of material, produce a CD-ROM containing the selected activities, in order to help support the work of teachers regarding the use of these activities, as a supplementary material to textbooks in their math classes

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

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The inequalities that mark the women’s lives in societies around the world have been the subject of intense discussion by the feminist movement, with developments in questioning about possibilities of full citizenship. In this scenario the Brazilian feminist movement has achieved steadily, in recent decades, an effort to participate in the formulation of the public policy agenda, as well as the realization of demands to institutionalize the legal parameters as regulations for the issue of violence against women. On the grounds of social justice, many discourses are made with a focus on reframing the institutional role of the state in the areas of constitutional law and criminal law. Considering these discourses, proposals were reformulated and the action of the state was resized, what ended in the enactment of Law 11,340 / 2006 (Maria da Penha Law), with a great impact on the Brazilian criminal justice system. Taking this perspective as its starting point, this research is focused on understanding the struggles for access to the legal field regarding the implementation of the Maria da Penha Law. This qualitative and quantitative research analyses the way the social practices and social representations which involve activists of the feminist movement and operators from the justice system are established in Juazeiro/ BA and Petrolina/PE before the institutional reshuffles of the state. As a result, it was revealed that, despite inconsistencies in the performance of the criminal justice system, the positioning of feminist activism is grounded on the assumption.

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This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.

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This article aims to critically review the regulatory frameworks that guided the institutionalization of distance education (DE) course offerings in higher education institutions in Brazil, taking as a reference 50 (fifty) documents which were analyzed for the research titled Expansion of Higher Education pos-LDB 96. The need for systematization of DE, legitimated by this Act (LDB-96), proved to be part of the guidelines of international agencies as a strategy for expansion of higher education and that the first initiatives of the Brazilian government were associated with the use of technology in education. A contextualized analysis of regulatory frameworks showed, initially, the quantitative and massified explosion of DE, without the state having proper instruments for its effective regulation. From 2005, new regulatory acts and the creation of the Open University of Brazil seek to maintain this expansion without losing quality.

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This study was conducted in the adjacent Brazilian equatorial inner shelf to Rio Grande do Norte, between the region of Porto do Mangue and Galinhos. The main objective is the characterization of biogenic sediments, especially foraminifera and ostracod collected on the surface of the seafloor. The methodology involved standard procedures including literature, surveys, processing of samples in the laboratory and identification of foraminifera and ostracods by genera or species under stereo microscopy and scanning electron microscopy (SEM). Multivariate statistical analyzes and study of ecological indexes were also applied to the study of foraminifera. Three transects, from inner shelf to slope were sampled: profile 01 (east, near Galos), profile 02 (center, near the city of Macau) and profile 03 (west, near Ponta do Mel). Results indicated the predominance of benthic foraminifera and little plankton occurrence. Benthic foraminifera genera observed in abundance were Quinqueloculina, Textularia, Globigerina and Pyrgo, Quinqueloculina, Textularia, Pyrgo, Ammonia, Elphidium, Pseudononion, Peneroplis, Bolivina and Poroeponides, occurred more frequently. Less frequently been described Amphistegina, Archaias, Bigenerina, Cibicides, Cassidulina, Amphicorina, Cornuspira, Paterina, Hopkunsina, Oolina, Uvigerina, Fusenkoina, Nonionella, Amphisorus, Wiesrella, Reussella, Reophax, Nodosaria, Marginulina and Cyclogyra. Six genera of ostracods were also identified: Puriana variabilis / P. convoluted?, Loxoconcha sp, Bairdiidae, Xestoleberis sp, Hemicytheridae and Ruggiericythere sp. Groups of organisms found in the studied shelf presented chemical composition of Ca, C, O, Na, Cl, Al, Mg, and Si. The proportions of chemical elements may vary according to the type of biogenic sediment, with the highest values identified as Ca, C, Cl, Na and O. The absolute dating by carbon 14 method indicated sediments of different colors (light and dark), correspond to a single age from 3000 to 6000 years BP, related to the Quaternary. These data intend to complement information about biogenic sediments in the Brazilian continental shelf, especially in the Northeast, where there is a lack of such studies.

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This study was conducted in the adjacent Brazilian equatorial inner shelf to Rio Grande do Norte, between the region of Porto do Mangue and Galinhos. The main objective is the characterization of biogenic sediments, especially foraminifera and ostracod collected on the surface of the seafloor. The methodology involved standard procedures including literature, surveys, processing of samples in the laboratory and identification of foraminifera and ostracods by genera or species under stereo microscopy and scanning electron microscopy (SEM). Multivariate statistical analyzes and study of ecological indexes were also applied to the study of foraminifera. Three transects, from inner shelf to slope were sampled: profile 01 (east, near Galos), profile 02 (center, near the city of Macau) and profile 03 (west, near Ponta do Mel). Results indicated the predominance of benthic foraminifera and little plankton occurrence. Benthic foraminifera genera observed in abundance were Quinqueloculina, Textularia, Globigerina and Pyrgo, Quinqueloculina, Textularia, Pyrgo, Ammonia, Elphidium, Pseudononion, Peneroplis, Bolivina and Poroeponides, occurred more frequently. Less frequently been described Amphistegina, Archaias, Bigenerina, Cibicides, Cassidulina, Amphicorina, Cornuspira, Paterina, Hopkunsina, Oolina, Uvigerina, Fusenkoina, Nonionella, Amphisorus, Wiesrella, Reussella, Reophax, Nodosaria, Marginulina and Cyclogyra. Six genera of ostracods were also identified: Puriana variabilis / P. convoluted?, Loxoconcha sp, Bairdiidae, Xestoleberis sp, Hemicytheridae and Ruggiericythere sp. Groups of organisms found in the studied shelf presented chemical composition of Ca, C, O, Na, Cl, Al, Mg, and Si. The proportions of chemical elements may vary according to the type of biogenic sediment, with the highest values identified as Ca, C, Cl, Na and O. The absolute dating by carbon 14 method indicated sediments of different colors (light and dark), correspond to a single age from 3000 to 6000 years BP, related to the Quaternary. These data intend to complement information about biogenic sediments in the Brazilian continental shelf, especially in the Northeast, where there is a lack of such studies.

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This thesis investigates the historical influence of the criminal policy in the context that shapes the first specific law for children and adolescents in Brazil, the 1927 Children's Code, a standard that inaugurates the conceptual scission between children and "minor" and their different treatment by the State. The study addresses the demand for order in the context of changes in the working world in the transition from the slave system to the capitalist mode of production, and the corresponding disciplinary and punitive control mechanisms directed to the segment of childhood and adolescence. The theoretical route proposes a questioning of the political construction of law and justice, as well as the conformation of the punitive techniques, and the construction of the stereotype of the "delinquent", prime target of the criminal policy, focusing on the process of criminalization of the segment in question through the confrontation of the Critical perspective with the approaches of Classical and Positive schools. This research shows the imposition of a bourgeois morality that obscures the social conflict attributing it to people isolated by the criminalization of their conduct; and points out that the historical forms of selective social control were greatly influenced by psychiatry and psychology, either by the elaboration of the image of the "delinquent" or by the expected performance of custodial institutions. Finally, the developments and the permanence of the historical roots of the criminal policy are problematized, relating them to the difficulties currently encountered in the consolidation of the legal garantism paradigm proposed by the Children and Adolescent Statute.

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This thesis investigates the historical influence of the criminal policy in the context that shapes the first specific law for children and adolescents in Brazil, the 1927 Children's Code, a standard that inaugurates the conceptual scission between children and "minor" and their different treatment by the State. The study addresses the demand for order in the context of changes in the working world in the transition from the slave system to the capitalist mode of production, and the corresponding disciplinary and punitive control mechanisms directed to the segment of childhood and adolescence. The theoretical route proposes a questioning of the political construction of law and justice, as well as the conformation of the punitive techniques, and the construction of the stereotype of the "delinquent", prime target of the criminal policy, focusing on the process of criminalization of the segment in question through the confrontation of the Critical perspective with the approaches of Classical and Positive schools. This research shows the imposition of a bourgeois morality that obscures the social conflict attributing it to people isolated by the criminalization of their conduct; and points out that the historical forms of selective social control were greatly influenced by psychiatry and psychology, either by the elaboration of the image of the "delinquent" or by the expected performance of custodial institutions. Finally, the developments and the permanence of the historical roots of the criminal policy are problematized, relating them to the difficulties currently encountered in the consolidation of the legal garantism paradigm proposed by the Children and Adolescent Statute.

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Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

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Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct grounded in legal principles and rules set out in the Constitution of the Federative Republic of Brazil and the Organic Law of the National Judiciary, also contemplating propositional instruments covered by the constitutional system, which conveys behavioural paradigms inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those instruments in the Brazilian Ethical Code of the Magistrates and in the official complementary training of judges in charge of Judiciary Schools. The study provides the theoretical influxes of moral norm, passing by behavioural social norm to consolidate the ideal standards of judicial conduct into legal standards and related instruments. The Legal Deontology directed to the ethical judicial conduct is confronted with the stereotype that society expressed in relation to the judge's person, who is the political agent that interprets the law for making decisions which directly influences the realization of access to justice, that is constitutionally guaranteed to all. Core values inserted in the constitutional system intended to discipline the judicial conduct are presented and analysed under a critical view, since they are enclosed in prescriptive language that conveys behavioural aspects open to interpretation and which compliance is revealed as a proposition focused on promoting a better solution of interest’s conflicts under the responsibility of those who constitute the distinctive corporation of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the approach of normative and propositional instruments of deontological content, still focusing on the study of real cases examined by the Brazilian National Council of Justice, as part of its correctional goals.

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In view of the climate of instability and deep social inequalities, it has been evident in the Brazilian reality, a new way to punish systematic already developed and consolidated in other countries, in which, among other things, the criminality is anticipated only by danger that the individual sports. It appears, therefore, that the theory developed by Günter Jakobs, nominated Criminal Law of the Enemy, became subtly inserted in the Brazilian reality as well as in international relations signed. In this sense, the Brazilian State, in order to carry out the international legal cooperation in the criminal field, signed a mutual assistance agreement with the government of the United States of America. Forward the conclusion of Mutual legal Assistance Treaty (MLAT), the signatory countries voiced a desire to cooperate in order to facilitate the implementation of tasks of the authorities responsible for law enforcement in both countries, comprising research, investigation, prosecution and prevention of crime, said internalized adjustment in the Brazilian legal system by means of Decree No. 3810 of 02 May 2001. Alongside these considerations, the present study aims to analyze the Criminal law of the Enemy today, seeking to find evidence of that theory in the MLAT, international legal cooperation instrument signed between the government of the Federative Republic of Brazil and the government of the United States of America. Moreover, it has the objective to describe its effects on the Brazilian jurisdiction, especially as concerns the relativity and the suppression of human rights. Once done the introit, analysis will be carried out in the first chapter, on the definition and main features of the theory of Criminal Enemy of the law, it is imperative to approach the humanistic aspect that preceded the theory as well as the dealings given to some controversial issues surrounding it, such as the anticipation of the enemy's punishment and the disproportionality of the penalties imposed. In the second chapter will present the conceptual assumptions, historical evolution and the positives aspects, as well as the barriers and the pursuit of effectiveness of international legal cooperation. In the chapter, bedroom effective analysis of specific modality of cooperation will be held, the Mutual legal Assistance Treaty - MLAT in criminal matters, signed between the Federative Republic of Brazil and the United States of America, in which the general aspects will be addressed and the MLAT reflections on the Brazilian jurisdiction, which includes analysis about the relativity or suppression of human rights, future trends and creating stricter laws, followed by the presentation of the seized conclusion on the subject, in which, among other approaches, will be voiced understanding about the unconstitutionality certain service requests that, from these, there is the bad use of the agreed instrument.

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O papel do enfermeiro como prescritor vem se ampliando em muitos países nos últimos anos, em diferentes situações e amplitudes de ação, se configurando como prática avançada na enfermagem. No Brasil, a prescrição de medicamentos por enfermeiros está prevista na Lei do Exercício Profissional desde 1986, e permite a esse profissional, a prescrição de medicamentos estabelecidos em programas de saúde pública. Esse estudo tem como objetivo geral analisar as determinações e perspectivas da prescrição de medicamentos por enfermeiros nos protocolos da Estratégia Saúde da Família. Os objetivos específicos são: apreender a atual situação internacional da prescrição de medicamentos por enfermeiros em comparação a essa prática no Brasil identificando semelhanças e diferenças; identificar os contornos legais e normativos da prescrição de medicamentos por enfermeiros no Brasil apontando sua história, tendências e desafios; caracterizar o modelo de prescrição de medicamentos por enfermeiros nos protocolos de Atenção Primária à Saúde no Brasil; investigar possíveis lacunas entre formação, capacitação, autoavaliação e prática da prescrição de medicamentos na Atenção Primária à Saúde na perspectiva do enfermeiro. Trata-se de Estudo de Caso Exemplar com abordagem qualitativa através de Revisão Bibliográfica, Análise Documental e Grupo Focal com enfermeiros. A análise dos dados deu-se por meio da Análise de Conteúdo e Análise Qualitativa de Conteúdo. Os resultados revelam que a categoria da enfermagem contribuiu para a legalização da prescrição, porém não para a sua legitimação; na Atenção Primária à Saúde, essa atribuição está consolidada por meio de protocolos e legislação, embora sem estratégia clara de acompanhamento pelo Ministério da Saúde; observa-se resistência em algumas normatizações dentro do setor saúde. Quanto aos protocolos, observou-se não há exigência de pré-requisitos na maioria deles; há possibilidade de diagnóstico pelo enfermeiro na gravidez, nutrição infantil e doenças sexualmente transmissíveis; observou-se variados graus de autonomia; amplo grupo de medicamentos prescritos por enfermeiros. Dos 37 participantes do Grupo Focal, 97,3% eram do sexo feminino; 54% formados há menos de 10 anos, 27% entre 10 e 20 anos, 16,2% há mais de 20 anos; 83,8% com especialização em Saúde Pública. Todos os enfermeiros relataram insuficiência da disciplina de farmacologia para instrumentalizar a prática prescritiva. Destacou-se a necessidade de pós-graduação; a importância da experiência clínica; falta de discussões e capacitação. Apenas alguns se autoavaliaram como competentes para prescrever, outros revelam medo de reação adversa a medicamentos. Conclui-se que há tendência da prescrição de medicamento por enfermeiros permanecer apenas na legalidade e o principal desafio é alcançar a legitimidade. Confirma-se uma prática prescritiva sem requisitos, diversidade de orientações induzindo a multiplicidade de ações que pode afetar a qualidade da prescrição. Há lacunas entre formação, capacitações e exigências cotidianas da prescrição de medicamentos por enfermeiros na Atenção Primária à Saúde. No Brasil se faz premente pesquisa para avaliar o impacto, a qualidade e a segurança da prescrição de medicamentos por enfermeiros. A experiência internacional sugere também que essa prescrição deve ser apoiada pelo coletivo de enfermeiros, com robusto plano de capacitação nacional, além de governança e apoio local.