A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

Limites formais e materiais ao controle de constitucionalidade pelo Supremo Tribunal Federal

This document approaches the formal and material limits of the constitucionalidade control for the Supreme Federal Court, iniating with the study of the Constitution, detaching its evolution, nature and meanings, passing for its historical evolution, offering still a unconstitutionality concept. Is work the principles as material Constitution, making the distinction entere principles and rules, detaching the characteristics of the principles constitutional, and the basic principle of the Constituition. It analyzes metodologics the historical parameters and of the brazilian system of constitutionality control and detaches the paper of the Supreme Federal Court as positive legislator. It observes the beddings of the constitutionality control and the legitimacy of the Supreme Federal Court. Is examines the performance of the Supreme Federal Court in face of the principle of the legal security. Is offers a vision on the experience of the control of constitutionality in other constries. It still approaches the control of constitutionality in Brazil, detaching the critical points of its formal and material limits. Is verifies the application of the principles constitutional for the Supreme Federal Court in the diffuse control and the intent control of constitutionality, as well as the performance of the Supreme Federal Court ahead of the unconstitutional omissions. It brings to the debate the new perspectives how much to the formal and material limits of the control of constitutionality for the Supreme Federal Court. Objective to elaborate considerations concerning the limits of the constitutional jurisdiction from the model of Constituition, the character politican of the difficulties with respect to the definition of its formal and material limits from the performance of the Supreme Federal Court

A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

Planejamento tributário: Critérios e limites para a desconsideração dos atos e negócios jurídicos pela administração fiscal

Tax planning is a subject that has been increasing in relevance in Tax Law. This current dissertation s objective is to approach the criterion and limits for the disqualification of law acts and business through the Tax Administration. Law acts and business resulted from the conduct of contributors that seek to diminish the growing raise of the tax load, using some means to reduce their burden and increase the possibilities of success in an economical activity, without violating the law in the persecution of paying fewer burdens. On the other hand, the tax administration, through its organs, hoping the increase of burden collection to withstand some determined sectors of the State, with a clear purpose to stop the contributor organizing his activity and structuring it as efficiently as possible, came up with a preliminary draft which left Complementary Law 104, from 10.02.2001, enacted, that inserted the unique paragraph of the National Tax Code, article 116, authorizing the disregard, by the administrative fiscal authority, of Law acts and business practiced to dissimulate the occurrence of burden gain or the nature of obligated incorporating elements, observing the procedures to be established in common law . Our goal is to identify the criteria and limits to disregard law acts and business through the tax administration, pointing out some possible means of action by the tax administration that qualifies it to disregard the contributor s acts and business, just claiming that a saving in the tax costs was made by the contributor s act

De Escola Normal de Natal a Instituto de Educação de Presidente a Kennedy (1950−1965): configurações, limites e possibilidades da formação docente

La recherche ci-présentée consiste dans une narrative historique problematisée par rapport à la trajectoire de l École Normale de Natal. Dans ce parcours, nous distingons sa transformation en Institut d Éducation Président Kennedy, en envisageant la période de 1950 jusqu à 1965. L investigation a été procédée ayant pour base les principes de l histoire des institutions éducatives, on a pris deux catégories d analyse historique : la culture scolaire, utile à la compréhension des pratiques éducatives developpées dans l institution d enseignement ; et celle de genre, l École Normale de Natal/Institut d Éducation pour avoir été fréquentés principalement par des femmes qui voulaient travailler dans l enseignement primaire ; alors, une place de genre. Dans cette perspective, nous estimons sa multiplicité d acteurs et de leurs pratiques dans l institution. Nous mettons en évidence sa création et les cycles de son développement (matérialisés dans les plusieurs configurations), en les reliant aux faits locaux et nationaux. Nous distingons les conflits tout le long des années en ce qui concerne l inexistence de l espace physique pour le fonctionnement adéquat de l école, et les changements du savoir apporté moyennant la renovation du programme d enseigement et de la pratique pédagogique. Ainsi, de la tradictionnelle École Normale de Natal à l Institut d Éducation Président Kennedy, cette institution éducative a gardé, dans son identité, le caracter de modèle et d innovation, quand elle a pu assimiler les changements didactico- pédagogique qui avaient eu lieu dans le scénario national se transformant en un centre de référence pour la formation des professeurs, particulièrement des femmes, en différentes époques dans l enseignement potiguar. L École Normale de Natal s est constituée surtout en un établissement pour la conquête, un chemin pour l élargissement de l univers du rôle de ces femmes qui se déplacent de la sphère de l enseignement privé pour accéder au domaine de l enseignement publique, acquérant ainsi un travail rémunéré

Ler televisão limites do curso tv na escola e os desafios de hoje em Sergipe

In Reading Television: Limits of the course TV in the School and the Challenges of Today in Sergipe , we had as objective to detect that type of critical reading of the cultural texts produced by the television, professionals of the education of the public net of the basic and average education of the state of Sergipe that all had concluded its 3 (three) modules carries through. We were effectively tutorial of the first edition of this course of extension in the distance and witness some inconsistencies in its application, moment where the instigated investigation appeared: ahead of the current necessity of if understanding with a critical sense, the paper that plays it measured them in orchestration of the globalizado world, that type of critical reading of the audiovisual language is capable to carry through a professional of the education that participated of a course of this nature? Beginning with documental analysys and qualitative metodology we try to analyse in four chapters, since the origins and motivations of this course, to the opinions of 10 (ten) former course students about the approaches of the same thematic subject by two different television new programs, without missing the opinions of the tutors about the conditions in which were made 4 (four) consecutive editions of the course in Sergipe nor the concrete relationships estabilished by the former course students and the audiovisual on their everyday routine both at home and at work. We conclude that the reading made by the former course students is based on common sense and then not satisfactory to the requirements of this task nowadays, and at the same time we point out that the course failed, for it presented severe issues in terms of management and operations in its practical application to distance, by priorizing quantity over quality, by linking itself to a deficient technical structure, by not beholding the diosyncrasies nor the fundamental videos the teachers have access everyday and that it all had direct relation with the attachment of this course to a verticalized policy of technologization of brazilian education.

A política de formação continuada de professores do ensino médio no RN: limites e possibilidades

El trabajo titulado La Política de Formación Continua de Profesores de Enseñanza Media en RN: límites y posibilidades tiene como objetivo analizar la política de formación continua de profesores de Enseñanza Media implantada en Río Grande del Norte. Parte del supuesto de que las directrices de formación continuada se articulan conforme a los organismos internacionales que desde la década de 1990 extendieron por América Latina un modelo homogéneo de formación, que tiene como principales características la de constituir un servicio a través de la modalidad a distancia y teniendo a la escuela como principal locus. En Brasil, estas características se apoyan en la Ley de Directrices y Bases de Educación Nacional nº. 9.394/96. Este trabajo es parte de un estudio que se desarrolla desde 2004 por la base de investigación Políticas y Gestión de Educación llamada Factores que influyen en la productividad de la Escuela Media: un estudio en Río Grande del Norte. El estudio en cuestión se centra en la dimensión pedagógica de la referida investigación y analiza la política de formación continua del personal docente, y considera como dimensiones de análisis la formación continua promovida en el ámbito escolar, ofrecida por la SECD/RN en el marco de la autoformación. Para la realización del estudio se hizo una búsqueda bibliográfica y documental que permitió la comprensión del objeto de estudio. La investigación empírica se realizó mediante la aplicación de cuestionarios, con preguntas abiertas y cerradas, a los maestros de Enseñanza Media de RN, y a través de entrevistas, semi-estructuradas de naturaleza complementaria, a las coordinadoras estatales de programas dirigidos a la Enseñanza Media. El análisis de los datos obtenidos muestra que no hay en SECD/RN una programación específica para la formación continua de los docentes de ese nivel educativo. Los programas implantados son de carácter nacional, de índole focalizada y no prestan atención a la mayoría de los docentes. La formación continua desarrollada en el âmbito escolar es prácticamente inexistente, y se limita a reuniones y algunos seminarios, sin mucha repercusión en la práctica docente. En cuanto a la autoformación son pocos los profesores que tratan de mejorar su práctica pedagógica con cursos de capacitación. Por lo tanto, se percibe una laguna en la formación de esos profesores y la necesidad de implementar acciones generales de formación continua que favorezcan una mayor y mejor articulación entre la formación inicial y continua, entre la teoría y la práctica, desde una perspectiva transformadora, en el sentido de superar modelos tradicionales de formación que no han tenido repercusión en la práctica docente

A formação do pedagogo-professor no curso de pedagogia: limites e possibilidades na visão de professores formados no campus avançado de Patu da UERN

The inconclusive policies regarding the teaching background, specifically the Pedagogy Course, whose National Curricular Directives DCN were ratified by the Ministry of Education on April 4th 2006, have been causing protest from the various forces within the scope of the university, specifically in the Pedagogy Departments in which, through their professionals, express the several stands about the pedagogue profile, his/her professional acting field and a curriculum that meets the background needs of this professional. This paper tried to assess, from the viewpoint of the student who graduated from the Pedagogy Course and who acts in classroom in the first years of the Elementary School, to what extent this course meets the background needs of the professional who works as teacher. In specific terms it was this paper's objective to identify the most important background needs of teachers who graduated in Pedagogy, who act in the first years of the Elementary School; To list the contributions and limitations of the Pedagogy Course of CAJIM/UERN in the teachers' background, outlined by the graduates of the course; to raise suggestions for the improvement of the teachers' background in the Pedagogy Course of the CAJIM/UERN. In order to turn these objectives viable we opted for the qualitative approach in research, more precisely for the case study methodology, from which we used as instruments for the execution of the field work the observation in classrooms, semi-structured interviews which became the main instrument used for the data construction and analysis. The data analysis process took place through the content analysis technique based in Bardin (2000). The theoretical line is based on the studies from Schön (2000), Nóvoa (1997), Perrenoud (1993), Alarcão (2003), Ramalho (2003) we also used the National Curricular Directives which serve as current Parameter for the Pedagogy courses. The study indicated that the Pedagogy Course contributed for the personal and professional enrichment, however, difficulties in the theory-practice articulation are still present in the everyday life. The theoretical knowledge assimilated, though represent increments to the professional practice, are not enough to enable a pedagogical practice with excellence. There is a need to consider a curriculum in a dialectic perspective, configurator of social and cultural practices sustained by the reasoning as praxis, thus it must not be seen solely in a theoretical plan, mas as a process that builds itself between the acting and the reasoning.

O processo ensino-aprendizagem de história no ensino fundamental: seus limites, suas possibilidades

Study about the teaching-learning process in History, which intents to point limits and possibilities to this process, starting from its characterization and analysis and understanding of the concepts of history, time, society and culture, used by teachers and students. The field research was performed in the Municipal School of Basic Education Zumbi dos Palmares, located in the city of João Pessoa, Paraíba State, in the period between 1996 and 2006. To achieve the objective of the study, a number of research instruments were used, amongst which, interviews, questionnaires and exercises emphasizing conceptual learning. The theoretical-methodological premises of the qualitative research justify the use of these various instruments, and serve as base for the interpretation and analysis of the data. This study demonstrated that some limits and possibilities that are found in the teaching-learning process in History are originated in the school context of the 1st phase of basic education and remain in the 2nd phase of this education level, partly, because of the understanding that teachers and students have regarding the concepts of history, time, society and culture

Avaliação de bactérias nitrificantes em filtros biológicos submersos aerados

This study investigates a new treatment system of wastewater by anaerobic and aerobic biological filters for nitrogen modification. The main objective of this study was evaluate, on a pilot scale, quantitatively and qualitatively the bacterian nitrifying community in a experimental sewage treatment system made by aerobics biological filters in series, in search of figure out the dynamic of nitrogen modification process. It was collected and laboratorial analysed microbiologically, regarding NMP of Nitrosomonas e Nitrobacter, and physical-chemically considering nitrogen sequence. We conclude that: the association in aerobic biological filters under nutrition controlled conditions and oxygen level allows the appearance of bacterian community responsible for the nitrogen modification; the method used, despite its limitations, provided the selection of autotrophic nitrifying microorganisms, allowing the identification of Nitrosomonas and Nitrobacter; the flow direction tested in the experimental unit did not affect the nitrifying bacterial community, certainly because they were kept drowned and did not occur flow speed that could breake the formed biomass; the nitrification process happened in aerated biological filters in all phases of the research, comproved by microbiological tests; in the third phase of the research the increase of the oxygen rate was significant for the nitrificant bacterian community in the aerate biological filters, allowing its growth, occurring relation between the efficiency of nitrification system and the quantity of organisms responsible for this process; the conduit used in aerated biological filters showed satisfactory performance support material to the nitrifying bacteria development

O Mitsein e as perspectivas decisórias da autenticidade segundo a analítica existencial: ponderações ontológicas para além dos limites éticos e políticos do ser-com

The present work focuses in the question of being-wit-others (Mitsein) on Martin Heidegger s philosophy. To do so, it takes base on his pivotal scripts, such as Being and Time and Na Introduction to Philosophy, in which this theme is scrutinized. The development line adopted in this work consists in advancing the existential connection between the being-with-others question attained to Dasein s ontological relation in its terms of authenticity and inauthenticity. So on, it is necessary to comment é others philosophical elements that surround this alterity relationship, analyzing phenomenologically how being-in-the-world inflicts the Dasein in its deepest and more important choice aspects, which can direct Dasein to its authenticity or inauthenticity. Facing this decisory context, also shall be observed the way Dasein finds to share the truth in accordance with its interaction with others, and how this mode of being summarizes all ontological structure of man s comprehension. The truth works as an integrative element from which the Dasein cannot escape, being-with-others is an existential situation that Dasein is not able to stop itself from living (its life-in-progress). This work also contemplates the apparent contradiction of Dasein s been always unfolded in The They mode of being, in its everydayness and being like that interacting with others. As along as this question is developed, the work explains how it is possible to be authentic and resolute (as much as inauthentic) as the Dasein interscts with others, even though, there is no pre-defined rule for these ways of relationship between the Dasein and the others

O corpo no pensamento de Epicuro: limites e possibilidades

The theme that fits the perspective of this thesis comes from the interest of treating, in the Epicurean corpus, about the importance of the body and its manners of realization for understanding the thought of Epicurus of Samos. Based on the inferences contained in the texts that remained from Epicurus, we did an analysis of the aspects that characterize Epicurism as a thought that makes repeated references to the body as an instance of sensitivity. It was necessary, therefore, to discuss how the body is linked to the possibility of thought, and how the latter can be admitted as a body element. It is further understood that the atomistic physics converges to the idea that asserts natural phenomena as likely to be contained and explained by the observations that come from the senses which are manifested through the body. For this reason, it was also pertinent to reflect on the admission of the body as a key element for the interpretation of Epicurean thought, even under the constitution of language. The Epicurean construction about body image was also used for the interpretation and questioning of the dynamics that define the relationships between individuals, characterizing the koinonía of the garden through the notion of corporeal unity. It was defined, therefore, that the characterization of the action field of individuals who lived in the Epicurean garden revolves around the use of logos, with the dialogues coming from the exercise of philosophy for therapeutic purposes, which were able to introduce a specific mode of political action marked by the absence of strange interests of the notion of philía

O (in)imaginável elefante mal-ajambrado: a questão de limites entre o Ceará e o Rio Grande do Norte e o exame da formação espacial e identitária norte-rio-grandense na Primeira República

This study s main goal is to analyze the way the limits between Ceará and Rio Grande do Norte states, the so called Grossos matter, has been associated to the norte-rio-grandense spacial and identity formation during the first republic period. Thus, a consistet number of sources: RN and CE old newspapers, as well as a república from Natal and Fortaleza and o mossoroense ; historical drafts from the historical and geographical institute associated and historical, gographical and anthropological institute of Ceará; the Ação Cível Originária de nº 6 from the supreme federal tribunal and many other cartographies. The documents haven t been hierarchized, neither accepted as proof effects, but understood as the base matter for this text composition by the deconstruction of the analyzed discusses. In order to do that the ablação or bricolagem method, without quotations marks or long quotations themselves, has been used. Along the three analyzed charpters: the two phases the litigious was found, since its beginning yet in the XVIII century until 1888 and its return within the republic proclamation, in the 1920 resolution; the development of the documental, historical and identity dispute between IHGA-CE and IHG-RN; and, at last, the political game existing between the Albuquerque Maranhão oligarchy , Manuel Pereira Reis and Rui Barbosa, explaining the intentions, silent and miths built along the time by these intellectual participations

Prevalência e fatores associados a lesões labiais e periorais decorrentes da exposição solar em trabalhadores de praia

This study aimed to verify the prevalence of lip and perioral lesions in worker who were under sunshine on the beaches of Natal/RN and to investigate possible associations of these with sociodemographic, occupational and general health variables. For this, 362 individuals who had one of the urban beaches (Ponta Negra / Environment / Redinha) in the city of Natal/RN as a working environment in the study. We excluded people under 18 years old. Data collection was done through epidemiological analysis and extra-oral validated questionnaire with questions that characterize socioeconomic and demographic factors, occupational exposure and general health. The male subjects (72.6%) were the majority in the sample. The people who worked directly exposed to high peaks of ultraviolet radiation, as well as informal workers predominated. Considering the total sample of individuals, ephelides in the perioral region (33.7%) and labial region (24.0%), solar lentigo perioral (15.2%) and actinic cheilitis (13.8%) stood out as the most prevalent lesions. Indoor workers and those who had a habit occurrence of injuries by 19% and 21% respectively higher when compared to outdoor workers and people without habits. The variable use of cap / hat was associated with the presence of cold sores (Qui2 = 1,328, p = 0,058). On the threshold of significance, the type of work was also associated with lesions in lip occurrence (p = 0,042). Men showed a lower incidence of perioral lesions when compared to female workers (PR=0,716, p valor = 0,002). The present study showed high prevalence of lip and perioral lesions. The premalignant lesions were the most identified, both as in lip skin. It is important therefore to be encouraged to adopt protective measures against excessive sun exposure, fairly and consistently

Estratégias para ajuste do ciclo vigília-sono de adolescentes aos horários escolares matutinos: a educação sobre o sono e a exposição a luz solar

In adolescents, who tend to sleep and wake-up later, the school schedule in the morning is associated with sleep advancement and shortening besides bedtime and wake-up time irregularity between week and weekend days. As a result, there is an increase in daytime sleepiness and a drop in cognitive performance that interfer in students performance in classroom. These consequences reinforce the need to evaluate alternatives that help the adolescent to adapt their sleep needs to the time of start of classes in the morning. Accordingly, the general aim of this study was to evaluate the effects of a sleep program education and sunlight exposure in early morning on sleep-wake cycle (SWC) and daytime sleepiness of adolescents. The students chronotype were evaluated by the Horne-Ostberg questionnaire and the health and usual sleep habits by "the health and the sleep questionnaire. The SWC patterns were assessed by sleep log, the daytime sleepiness by Karolinska Sleepiness Scale (KSS) and the alertness by the Psychomotor Vigilance Test (PVT). These parameters were compared before and after a sleep education program and before and during the sunlight exposure. The sleep program was effective in increasing sleep knowledge of adolescents, in promoting a reduction of bedtime and wake-up time irregularity and increasing the sleep duration in school days. The sunlight exposure effect was evaluated in the return to classes after vacation due to the difference in sleep patterns between school and vacation days. During the intervention week it was observed an advance of sleep schedules, an increase on sleep duration and alertness at the end of the morning. Assessed separately, sleep education and sunlight exposure should contribute to minimize adolescents partial sleep deprivation, but daytime sleepiness effect must be better investigated. These strategies should be used jointly by school members to improve health and performance of their students