Desenvolvimento Urbano e Cidades Inclusivas: Estudo Analítico do Princípio Constitucional da Função Social das Cidades

The reality of Latin America points out that the industrialization and urbanization are complementary processes associated each other. Thus, by consequence of the demographic growth, observes the aggravation of an urbanization completely disordered and without infrastructure capable of guaranteeing rights and basic services to the population. In parallel, the dissemination of information, the valorization of human dignity, promoted by social welfare, and expectations of consumption aggravates the tensions among social actors, leading to the Theory of the Right to Development to worry about the (re)construction of cities. Before this reality, the Federal Constitution of 1988 proposed a participatory urban policy, grounded in the ideal of confrontation of social exclusion of a more comprehensive, represented by the principle of the social function of cities, which must be stratified into four inclusion´s central axes, namely: the social in the strict sense, the economic, the cultural and the policy. The Analysis of each of these dimensions, keeping the focus on reality and the Brazilian legal system, composes specific objectives of this work. Thus, through deductive research, with use of technique bibliographical and interdisciplinary, this dissertation aims to make connections between social function and development, proposing an analytical concept for the proposing an analytical concept for the principle of social function of cities, through the study of its basic elements. With this, purports to demonstrate how results, firstly, that the juridical study, to fully understand the process of marginalization, must maintain multidisciplinary perspective, own social sciences. Also aims to demonstrate that the dimensions of inclusion are formed by fundamental rights, individual and collective, of liberties and of social guarantees and that without respect to all of them there is no way to talk about implementation of urban development and nor, consequently, about inclusive cities. At the end, after checking the main legal instruments of urban policy that emphasize the community participation, provided for in the Statute of the Cities, and that potentiate the breakup of the circles of exclusion, the work want contribute to the clarification and the awaken to the importance of a new perspective democratic of development in the country, grounded in the appreciation of the individual for realization of modern management, decentralized and that, therefore, inserts the effective participation of urban communities in the acting of the State

O princípio da vedação ao retrocesso social e o papel dos poderes públicos na efetivação dos direitos fundamentais sociais

The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

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

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

A função mediadora do planejamento na aula de leitura de textos literários

This dissertation sutdies the mediative function in the planning of literary text reading classes of Portuguese. Its main central focus proposes that planning favors the pedagogical reading work of literary texts in the teaching of Portuguese, for they are regarded as one of the mediative elements the teaching-learning process. It also allows for its subjects to rethink the practice, theorizing it. As a theoretical basis the studies on participative planning are used, especially the studies concerning dialogic planning. The language/literature teaching perspective adopted in this work is guided by the socio-interactive conception of language, in a way that reading is seen as a comprehensive and interactive activity. Given the research process, the analysis of the reading process involved the Reader s Response, once that this theory considers the role of the reader and her/his interaction with the text. The study is grounded upon the following research question: which role(s) does the pedagogical planning play as a mediator of the reading teaching-learning process? The main objective of this dissertation is to investigate the pedagogical planning activity as a mediative instrument in the practice of reading in the Portuguese classes. The study is constituted of three stages, the third being emphasized (2002/2005) in which the direction of the participative action-research was used, as a way of acknowledging the pedagogical role in the teaching plan, as an instrument capable of rendering reorganization in the teaching-learning process of reading classes. We have as participants teachers of Portuguese in the elementary school (Ensino Fundamental, 3º ciclo), besides other segments of public schools, in the city of Pau dos Ferros RN, in which the previous studies were developed. The results point to the relevance in the role of the teacher, as a more experienced reader, in developing of pedagogical strategies that may come to favor the teaching of reading, having in the pedagogical sphere an instrument of theoretical reflection and sistematization of activities to be implemented in the classroom. The conclusions highlight the class plan as the mediative instrument to be incorporated and internalized into the teaching practice, amplifying and modifying the teacher s intervention forms, favoring, thus, her/his pedagogical mediation

Efeito do treinamento resistido na função autônomica cardíaca, nos parâmetros bioquímicos e antropométricos de pessoas vivendo com HIV/AIDS

Introduction: The emergence of High Active Antiretroviral Therapy (HAART) increase the life expectancy of the persons living with HIV/AIDS (PLHIV), therefore the prolonged use cause metabolic implications and influences on body fat distribution and increase the cardiovascular diseases prevalence. Aims: Evaluate the effect of resistance training on heart rate variability, biochemical parameters and somatotype on PLHIV. Methods: Participated this study seven sedentary men, with age above 25 years old, living with HIV/AIDS, under HAART use. Were submitted a 16 week intervention with resistance training. Evaluated the heart rate variability, biochemical parameters and somatotype, before, after 8 weeks and 16 weeks, all in paired form. It was found the data normality by Shapiro-Wilk test and conducted the Anova one way combined with Tukey post hoc to samples in each evaluate moment, adopting significance level p<0,05. Also were calculated percentage change deltas. For somatotype was used the somatotype spatial distance (DES), obeying the significance value DES≥1. Results: Was found significance differences only in variable final heart rate delta 60s (p=0,01), however, is not showed changes on heart rate variability, biochemical parameters and somatotype components. Conclusion: 16 weeks of resistance training showed improvement on heart rate recovery after submaximal effort and, despite is not enough to produce significance differences on biochemical parameters and somatotype components, could be realize improvement on average value of fasting glucose and lipid profile, as well as reducing the endomorphic component

Trajetos no labirinto: história de vida dos portadores de doenças oncológicas em uso de transfusões sanguíneas na cidade de Natal/RN

The studies paths in the maze: life story of individuals with oncological diseases into use of blood transfusion in Natal has the hemotherapy as a primordial procedure to review the relationship between users of oncological health and the due ramifications. The hemotherapy looks for supply the organic needs through blood transfusion, which acquires vital function to the ones that have cancer, because it might reestablish the functionality of the organism throughout the raising of blood components. The impact over the transfusion affects emotionally and physically the users life. Aiming to reflect on these impacts, this study tried, through narratives of lives, rescue their experience since their knowledge of the disease until the time of blood transfusion using. It s about an exploratory-descriptive study, where the qualitative approach uses the theoretical-methodological reference of the oral life history to analyze a colony consisting of five users of health diagnosed with cancer, with achievement of at least three blood transfusions, the clinic Núcleo de Hematologia e Hemoterapia - UFRN, in Natal-RN. The network, in turn, was composed by employees of both sexes, regardless of age, who voluntarily agreed to participate in the study. The data collection, with approval of the Ethics Committee in Research, Liga Norte Riograndense Contra o Cancer, on the number 001/001/2012, occurred through semi-structured interviews, recorded individually in the home context that was previously chosen by employees. The methodological procedure occurred with the transcription of the interviews and their transcreations, and analysis of reports by thematic content analysis. At the reading orientation and interpretation of the employees stories, were discussed three categories of analysis: the impact on psychological REVIEW; impact on socialization and group membership, the environment and the impact of blood transfusion on treatment. Based on the narrative of the life histories of employees, we conclude that the experiences and feelings, hope and sorrow, pain and faith, even when facing a disease like cancer, bring lots of teaching and learning to health professional that deposits humanization health and reinstate hemotherapy forms of clinical critical

Modelo de desdobramento da função qualidade adequado a produção da cerâmica vermelha

A presente dissertação representa uma contribuição na resolução dos problemas que se apresentam no setor das indústrias de cerâmica vermelha, apresentamos um modelo, baseado na estratégia do QFD (Desdobramento da Função Qualidade), na qual associa os requisitos dos consumidores na elaboração dos projetos do produto e dos processos de produção. A qualidade do produto é avaliada tanto no aspecto interno(especificações técnicas) quanto no aspecto externo (qualidades exigidas pelos clientes). A pesquisa mostra, além da realidade que vive o setor das indústrias de cerâmica, a importância e os atributos da qualidade definidos pelos consumidores relativo aos tijolos cerâmicos de vedação. O trabalho também mostra os resultados da aplicação do modelo numa das empresas do setor, através de desdobramentos da qualidade exigida, se estabelece a qualidade planejada, mostra ainda a posição da empresa em relação aos concorrentes em função do desempenho do produto. Procura-se ainda, através de sugestões de melhorias, atacar os problemas das falhas na qual geram o desperdício

Algoritmos para o problema de localização de uma facilidade com distâncias limitadas e restrições de atendimento

The objective in the facility location problem with limited distances is to minimize the sum of distance functions from the facility to the customers, but with a limit on each distance, after which the corresponding function becomes constant. The problem has applications in situations where the service provided by the facility is insensitive after a given threshold distance (eg. fire station location). In this work, we propose a global optimization algorithm for the case in which there are lower and upper limits on the numbers of customers that can be served

Metodologia estatística na solução do problema do caixeiro viajante e na avaliação de algoritmos : um estudo aplicado à transgenética computacional

The problems of combinatory optimization have involved a large number of researchers in search of approximative solutions for them, since it is generally accepted that they are unsolvable in polynomial time. Initially, these solutions were focused on heuristics. Currently, metaheuristics are used more for this task, especially those based on evolutionary algorithms. The two main contributions of this work are: the creation of what is called an -Operon- heuristic, for the construction of the information chains necessary for the implementation of transgenetic (evolutionary) algorithms, mainly using statistical methodology - the Cluster Analysis and the Principal Component Analysis; and the utilization of statistical analyses that are adequate for the evaluation of the performance of the algorithms that are developed to solve these problems. The aim of the Operon is to construct good quality dynamic information chains to promote an -intelligent- search in the space of solutions. The Traveling Salesman Problem (TSP) is intended for applications based on a transgenetic algorithmic known as ProtoG. A strategy is also proposed for the renovation of part of the chromosome population indicated by adopting a minimum limit in the coefficient of variation of the adequation function of the individuals, with calculations based on the population. Statistical methodology is used for the evaluation of the performance of four algorithms, as follows: the proposed ProtoG, two memetic algorithms and a Simulated Annealing algorithm. Three performance analyses of these algorithms are proposed. The first is accomplished through the Logistic Regression, based on the probability of finding an optimal solution for a TSP instance by the algorithm being tested. The second is accomplished through Survival Analysis, based on a probability of the time observed for its execution until an optimal solution is achieved. The third is accomplished by means of a non-parametric Analysis of Variance, considering the Percent Error of the Solution (PES) obtained by the percentage in which the solution found exceeds the best solution available in the literature. Six experiments have been conducted applied to sixty-one instances of Euclidean TSP with sizes of up to 1,655 cities. The first two experiments deal with the adjustments of four parameters used in the ProtoG algorithm in an attempt to improve its performance. The last four have been undertaken to evaluate the performance of the ProtoG in comparison to the three algorithms adopted. For these sixty-one instances, it has been concluded on the grounds of statistical tests that there is evidence that the ProtoG performs better than these three algorithms in fifty instances. In addition, for the thirty-six instances considered in the last three trials in which the performance of the algorithms was evaluated through PES, it was observed that the PES average obtained with the ProtoG was less than 1% in almost half of these instances, having reached the greatest average for one instance of 1,173 cities, with an PES average equal to 3.52%. Therefore, the ProtoG can be considered a competitive algorithm for solving the TSP, since it is not rare in the literature find PESs averages greater than 10% to be reported for instances of this size.

Determinação dos parâmetros do controlador preditivo generalizado com função de pesos variante no tempo através de algoritmos genéticos

The predictive control technique has gotten, on the last years, greater number of adepts in reason of the easiness of adjustment of its parameters, of the exceeding of its concepts for multi-input/multi-output (MIMO) systems, of nonlinear models of processes could be linearised around a operating point, so can clearly be used in the controller, and mainly, as being the only methodology that can take into consideration, during the project of the controller, the limitations of the control signals and output of the process. The time varying weighting generalized predictive control (TGPC), studied in this work, is one more an alternative to the several existing predictive controls, characterizing itself as an modification of the generalized predictive control (GPC), where it is used a reference model, calculated in accordance with parameters of project previously established by the designer, and the application of a new function criterion, that when minimized offers the best parameters to the controller. It is used technique of the genetic algorithms to minimize of the function criterion proposed and searches to demonstrate the robustness of the TGPC through the application of performance, stability and robustness criterions. To compare achieves results of the TGPC controller, the GCP and proportional, integral and derivative (PID) controllers are used, where whole the techniques applied to stable, unstable and of non-minimum phase plants. The simulated examples become fulfilled with the use of MATLAB tool. It is verified that, the alterations implemented in TGPC, allow the evidence of the efficiency of this algorithm

Análise quali-quantitativa do deslocamento da camada-limite em carrocerias veiculares

Dois dos principais objetivos no estudo da aerodinâmica de veículos é a segurança e o desempenho. Esses objetivos podem ser alcançados através do desenvolvimento de dispositivos que modifiquem o escoamento de ar ao redor do veículo e também através de alterações da forma das superfícies externas. O perfil mais baixo da frente do veículo, por exemplo, tem grande influência sobre o coeficiente de penetração aerodinâmica (Cx) e posteriormente sobre grande parte da distribuição de pressão ao longo da superfície do veículo. O objetivo deste trabalho foi de analisar o comportamento aerodinâmico que incide sobre 2 (dois) tipos de carrocerias de veículos, baseado em experimentação em túnel aerodinâmico, visando determinar a eficiência aerodinâmica de cada uma delas. Foram comparados dois modelos de veículos, sendo um deles com configuração familiar, muito comum nas grandes cidades e outro modelo com configuração esportiva mais voltado para o desempenho, ambos com escala 1:18. Para a realização do experimento foi construído um túnel aerodinâmico do tipo soprador com circuito aberto, onde foram analisadas as distribuições de pressão nas superfícies inferiores e superiores da carroceria dos modelos e o deslocamento da camada-limite. Tomando-se por base toda a teórica deste trabalho, com relação à aerodinâmica de carroceria, considerou-se nesta dissertação que essa filosofia de pesquisa é capaz de gerar reflexos positivos, que podem tornar os veículos cada vez mais eficientes e influenciar positivamente nos níveis de segurança e desempenho

Caracterização de escovas de grafite e avaliação do seu desempenho em função da microestrutura

The electric can be converted into thermal, luminous, electromagnetic, and also in mechanical energy. In this context the electric engines plays a fundamental role, specially that they work very below of its nominal capacity, with consequent decrease load density. In industrial environment, these characteristics of work of DC engines had also generated an extreme consumption of coal brushs and attack in the commutator reducing the useful life of the engine and increasing maintenance demand and cost. The general objective of the present work is to study the influence of the granulometry of the coal brush used in DC engines with the resistance to the consumption of the same ones, as well as in the performance presented by the commutator of the engine. Additionally, determining the measurable and not measurable profits when the brush used is adjusted to the application. The brushes had been produced by an industry of the sector and tested in industrial environment to evaluate their performance and consumption. Preliminary results evidence a substantial improvement in the performance of these brushes in function of its microstructure and the application in which it is used

Análise da magnetohidrodinâmica com transferência de calor em canais de placas paralelas via transformação integral

The main goal of the present work is related to the dynamics of the steady state, incompressible, laminar flow with heat transfer, of an electrically conducting and Newtonian fluid inside a flat parallel-plate channel under the action of an external and uniform magnetic field. For solution of the governing equations, written in the parabolic boundary layer and stream-function formulation, it was employed the hybrid, numericalanalytical, approach known as Generalized Integral Transform Technique (GITT). The flow is sustained by a pressure gradient and the magnetic field is applied in the direction normal to the flow and is assumed that normal magnetic field is kept uniform, remaining larger than any other fields generated in other directions. In order to evaluate the influence of the applied magnetic field on both entrance regions, thermal and hydrodynamic, for this forced convection problem, as well as for validating purposes of the adopted solution methodology, two kinds of channel entry conditions for the velocity field were used: an uniform and an non-MHD parabolic profile. On the other hand, for the thermal problem only an uniform temperature profile at the channel inlet was employed as boundary condition. Along the channel wall, plates are maintained at constant temperature, either equal to or different from each other. Results for the velocity and temperature fields as well as for the main related potentials are produced and compared, for validation purposes, to results reported on literature as function of the main dimensionless governing parameters as Reynolds and Hartman numbers, for typical situations. Finally, in order to illustrate the consistency of the integral transform method, convergence analyses are also effectuated and presented

Análise topológica experimental por perfilometria cíclica indutiva de superficies de paredes estruturais

To enhance the maintenance practices, Oil and Gas Pipelines are inspected from the inside by automated systems called PIG (Pipeline Inspection Gauge). The inspection and mapping of defects, as dents and holes, in the internal wall of these pipelines are increasingly put into service toward an overall Structural Integrity Policy. The residual life of these structures must be determined such that minimize its probability of failure. For this reason, the investigation on the detection limits of some basic topological features constituted by peaks or valleys disposed along a smooth surface is of great value for determining the sensitivity of the measurements of defects from some combinations of circumferential, axial and radial extent. In this investigation, it was analyzed an inductive profilometric sensor to scan three races, radius r1, r2, r3, in a circular surface of low carbon steel, equipped with eight consecutive defects simulated by bulges and holes by orbit, equally spaced at p/4 rad. A test rig and a methodology for testing in laboratory were developed to evaluate the sensor response and identify their dead zones and jumps due to fluctuations as a function of topological features and scanning velocity, four speeds different. The results are presented, analyzed and suggestions are made toward a new conception of sensor topologies, more sensible to detect these type of damage morphologies