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

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

Os instrumentos de incentivo à produção e uso de biodiesel no Brasil: uma análise constitucional sob o princípio do desenvolvimento sustentável

The recent insertion of biodiesel derived from oily vegetables in the Brazilian energetic matrix calls for the study of some aspects that belong to it. The analysis of the carbonized energetic pattern concerns the paradigm of economic development that is constitutionally enshrined sustainable development which make environmental protection compatible with the needs of the economic rationality. This text is structured according to the ideas of modern hermeneutic that sees substantial value in the principles capable of create a harmonious relationship between law and society. The study of the constitutional principles to conduct a legal analysis about the National Program for Production and Use of Biodiesel - PNPB. The aim of the research is the study of PNPB ahead with the constitutional principles governing the economic order. To achieve this end we studied the sustainable development as a constitutional principle. We start with the notion that the thematic principles, and fundamental to understanding the dimension of sustainable development institute, since its concept is closely related to the applications of the principles enshrined in virtually all the constitutional order of the Western world. Then this was the National Energy Policy, initiating the approach by guiding principles of the National Energy Policy to develop the theme of public policy in the energy sector. Therefore, we studied the National Program of Biodiesel Production and Use - PNPB. From a technical introduction to the concept of biodiesel and a brief historical background, analyzing their advantages compared to fossil fuels predominantly used. Then it became a regulatory overview of the Brazilian legislation on the subject, central to understanding the plans and objectives pursued by the Brazilian government with encouraging the production of biodiesel. Finally discussed the tax incentives for production and use of biodiesel in Brazil. From the idea of federalism, characterized the tax as an instrument of state intervention in the economy. And finally it brought the tax incentives of Law No. 11.116/2005 in the face of the constitutional principles of economy and tax, and tax incentives from projects related to the Kyoto Protocol

Devido processo penal: uma análise acerca dos direitos fundamentais sob a perspectiva do processo eletrônico

The current study presents an analysis about the automation of the lawsuits in Brazil, which opens a new direction to be followed by the National Secretary of Justice, applied indistinctively to the civil, criminal and labor lawsuits, as well as to the special court houses at any degree of juridisdiction. It treats, specifically, about the transition from the classic lawsuit with bureaucratic aspects to the electronic one, based on the simplicity of the functions, the quality of the oral and the readiness. The light of the constitutional principle of the reasonable duration of the lawsuit, while fundamental rigth of the defendant and, under de protection of the democratic guarantee, it investigates, from the theory of the fundamental rights to the reform movement of the lawsiut, in the scenery of the alien law and national law, the latter, mostly because it has the automation as a necessary improvement claimed by modernity, yet without forgetting of the humane character inherent to the criminal lawsuit. It faces the issue of of the disruption of the paradigm of the written formality of the Brazilian lawsuit, the problem of the resistance to the new automized method, the use of the video conference for the inquest of the witnesses as well as for the questioning of the defendant, the advancements of the virtual lawsuit on the Superior Courts, Federal Supreme Court and Superior Court of Justice, it treats also about the role of the National Council of Justice - CNJ - to uniformize the legal proceedings in the country. Without neglecting the effective respect to the fundamental rights, it focuses the cultural change necessary so that the electronic technology can be, in fact, in the indictment system, the means to reach with excellency the citizenship by the simplification of the legal proceedings, transposing the baseless bureaucracy and assuring an effective judicial service assistance in order to have a better quality of life

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

O histórico de uma pesca tropical utilizando indicadores ecossistêmicos

When scientists study methods, theory and standards in an inseparable form, he is facing a paradigm. Throughout the development of a determined science, paradigms can change by changing the methods, objective and standards of research. Fisheries science is changing the paradigm moving from the paradigm of maximization in the use of resources, quantified by the index of the catch, which was influenced by evolutionary concepts such as Optimal Foraging Theory, to the sustainability paradigm that seeks its foundation in the fishery ecosystem perspective. The goal of this study was to review methods, theory and the history of ecosystem indexes of fishery science that attempts to determine sustainability of fishery resources from the data capture. Ecosystems indexes by themselves may not be useful to measure the sustainability of fishing because they focus only on the environmental or ecological side of the sustainability tripod. Probably to measure the sustainability of fishing these indexes should include in the future the Payments for Ecosystem Services and Social Resilience. Thus the methods and theories are in constantly changing within science to meet the most current paradigm

Saberes da pesca: uma arqueologia da ciência da tradição

This essay presents and discusses knowledge obtained through tradition taken as knowledge built along generations, transmitted from mouth to mouth and everyday experiences result of a non-scientific knowledge based on observation and hints given by more experient generations. The referred icon used to develop such a discussion in this essay is fishing. We point out the knoledge which enables the fishermen, among other dominions, to: find out the fish and other animals feeding habits; find their way through by astral influence during night navigation and learn the tide flowing based on the moon cycle. On what comes to fishing knowledge, the research was organized based on a bibliographic study about several ways of fishing in the Northern, Northeastern, Southern and Southestern regions of Brazil. In the Northern and Northeastern regions, the field research was also focused. Having interviews, photographs and films as reference, this part of the research was divided into two parts: the first one situated in the Amazonian Region in na area called Baixo-Tocantins, in the State of Pará where we worked with fishermen in the small towns of Abaetetuba and Igarapé-Miri; and the second one was held in the Northeastern region of Brazil, in the State of Rio Grande do Norte, where we worked with fishermen on the Piató Lake, in the small city of Assú. We tarted discussing based on a descriptive study of the fishing techniques used, aiming to identify them as an ordered activity, differed and classified by knoledge obtained through the years, based on the relationship between man and Nature. Creativity, stimulated by human curiosity, is also discussed and shown as a result of various fishing journeys. The myths, as a component of the fishing world, especially those which describe the relationship between men and waters, also have an outstanding place. At last, two fishing techniques belonging to the research field reference, are also described and analysed under the focus of construction and systematization of the knowledge related to fishing. The theory approach is based on reflection upon the tradition knowledge discussed by Almeida (2001), Balandier (1997), Câmara Cascudo (1957, 2000, 2002) and Claude Lévi-Strauss (1976, 1987 and 1991). The essay is an exercise of knowledge production which defends the "relink" of knowledge, as Edgar Morin suggests when dealing with the sciences of complexity

Ofício, Estresse e Resiliência: desafios do Professor Universitário.

The objective of this study was to investigate the elements that contribute to the state of stress which often affects those who embrace the university teaching career, and also to learn whatever strategies professors use to cope with stressing situations in order to develop resilience and a sound exercise of their profession. To the very nature of university teaching belong a variety of attributions, demands and challenges which, together, may contribute to the development of stress. The epistemological principles which guided this research were those of Complex Thinking, which facilitate a deeper comprehension of the human and social phenomena as viewed through the lens of complexity principles: the dialogical principle, the organizational recursivity principle and the hologramatical principle. Fully acknowledging the many difficulties brought about by any attempt that would try to explain human phenomena based only on one theoretical reference, we have elected multi-referentiality as the support for this study, thus being able to dialogue with a variety of authors about the same phenomenon. This was a qualitative research in which questionnaires and interviews were used as instruments for the empirical work. The data has been articulated into categories and subcategories, allowing for a thematic analysis. Participants of the study were seventeen professors from two different colleges in the city of Natal, state of Rio Grande do Norte. Bad working conditions, demands from the institution, student s lack of commitment, long working hours, low salaries, lack of incentives to university teachers, uncertainty concerning timetable and difficulties in proper time administration are the variables that contribute to the stress of professors. Although this is a problem that affects the group as a whole, strategies to cope with it are individually sought and vary from trying to find different leisure options, opening one s heart to colleagues or relatives, individual planning, prayer, rational facing of the situation, to simply giving in to exhaustion. The study has proposed institutional as well as personal actions that may foster a development among professors which takes into account a resilience development in a collective perspective. Also, it shows some articulations that are already under way so that professors may be attended to.

Vida, experiência, conhecimento : a reforma do sujeito cognoscente em Tsunessaburo Makiguchi

Utilizing a great part of the works by Japanese educator Tsunesaburo Makiguchi and the register of fragments of his life, this thesis affirms that knowledge emerges from peoples` experience as they go about their daily lives. Facts, events, genetic inheritance, cultural patrimony, family history, the place where one was born and lived, and psychological predispositions nurture and form a vision of the world and of life in general. In Makiguchi s case, this multi-causal constellation led him to conceive the system of the value-creating pedagogy of good, gain and beauty; discussing the importance of cognition and evaluation in the experience of the human being. His life is exemplary in demonstrating that these aspects are inter-connected and, in a recursive movement between knowledge and self-knowledge, they can generate creative systems for understanding the world and introducing, essentially, the author into the epistemological problematic of complexity. The Makiguchian system and Edgar Morin s complexity approach suggest a pragmatic, paradigmatic reform of education and a thought reformation in the direction of the complex pedagogy, and that it creates a web that connects master-disciple, subject-object, human-world, local-global and singular-universal

O discurso formativo do Biólogo sobre a morte: matizes e metáforas do saber que o sujeito não deseja saber

This study - Biologist s formative speech about death. Nuances and metaphors from knowing that the subject of do not want to know - shows a marginal cognitive construction in scientific education from biologist - death. It considered as obvious that death is a theme that covers both the scientific education from biologist and the division of the subject, and concerns the splitting of the double life-death and the principles of inclusion and exclusion of the subject. Part of sensitive question: What is the epistemological weave who supports biologist's speech about death? It is constituted an object of study of the biologist s speech on death. It is advocated the thesis that: Death is an epistemological obstacle announcing for something always aims to escape from the perspective of knowledge, especially of scientific knowledge because, since it is understood as cognitive learning about the disruption of biological phenomenon life which is involved on weave of imaginary and symbolic constructions about the finiteness of life; it has constituted a metaphorical knowing - encouraged by the noisy silence - which does not allow to know in full, mobilizing hence subject in searching for transitional truths that reduce the ontological being-mortal anguish centered in subjective dimension involved in the act of knowing. From this movement of search that the object mental life after death wins a symbolic value that requires a real-looking multi-referential for the study of biology - life - and its implications: the finiteness of life, especially by moving the omnipotence of scientific objectivity expressed by signs and symbols that seek say the completeness of scientific knowledge-, signaling thus the existence of the dynamics of incompleteness implicit in subjectivity that supports knowledge relating to the double, life and death, and to the temporality of the existence of Homo sapiens sapiens, with the axis guiding the desire of the subject, do not want to know about death, implicit in the mechanisms objective-subjective founded by non-said of death is the epistemology of the existence of objective-subjective subject, whose core is the negation of death. The theoretical methodological knowing web is anchored in the multi-reference which favors a transit by theoretical current, as the Psychoanalysis, bachelardian philosophy, the epistemology of complexity, the Thanatology, the Social Psychology, and Etnocenology, and Understanding Interview. The unveiling of the study object from the analysis of oral speech of eleven biologists who serve in high school, from three main guiding: Death in the history of life,Death in biologist s academic education and, Conceptions about concepts

Agir, aprender, formar, intervir, agir uma experiência dos consultores internos na gestão do conhecimento da Petrobrás UN-RNCE

This research aims at studying the formation of internal consultants in organizational setting in the joint resolution of problems, around the conversion of knowledge. The objective of research is to understand and explain the meanings attributed by Petrobras internal consultants to their practice and training for the conversion process of tacit knowledge into explicit, around the joint resolution of their problems with their collaborators. It has directed the next question: what the meanings assigned by the consultants of Unidade de Negócios Rio Grande do Norte e Ceara (UN-RNCE) in Knowledge Management (KM), for their interventionist and formative practices in problem solving, as well as conversion of tacit knowledge in explicit? This paper has assumed that there is a dual logic integrated into its daily practices: solving troubles and converting knowledge. The thesis has considered the daily practices of these consultants are characterized as epistemic spaces and permanent education through the conversion of knowledge. It has adopted the principles of multi-referential approach as foundations, regarding the translation of a variety of angles, perspectives and prospects which allow the interpretation and understanding of complex issues that are part of conversion of knowledge. The understanding and explanation of the senses are based on the methodology of the comprehensive interview; taking ownership is the sensitive listening for comprehensive interpretation of oral discourses of ten consultants, in addition to the autoscopy that putting into practice, thus, the stance of the researcher as an intellectual craftsman. Furthermore, it has assessed that the limits and possibilities for training and learning in the conversion of knowledge arise, on one hand from a predominantly driven training culture by the paradigm of technical rationality and one the other hand, from a set of relationship to knowledge and relation to know , revealed in the search for training in other dimensions. There are tensions between the local and global demands located in a situation marked by a systemic organization of knowledge. However, the context is perceived by researchers as impregnated by the discontinuity, unpredictability and uncertainty; mobilizing a number of elements necessary for the mediation in training practices of these consultants. Finally, it has set an instrumental and technological support, restricting the formation and undermining the position of the consultancy as nuclear function in Knowledge Management

Proposta Curricular para Educação infantil: (re) significando saberes docentes

The theory contemporary in the field of early children education, as well the legal discourse and official texts valid in our country point to the need for systematization of proposals pedagogic / curriculum in institutions, built and carried out by subjects that act as factor of assurance care quality. Quest us about what knowledge are required to teachers in developing a proposed curriculum for children education. Defined as an object of study, the knowledge teachers necessary for the development of a proposed curriculum for children education. As goals, assume: investigate teachers knowledge necessary for the development of a proposed curriculum in a Public Institution for children education and contribute to the (new) meaning on the part of teachers, knowledge needed to build a proposed curriculum for children education. Assuming the principles of the paradigm of qualitative research, we have developed a research institution of a children education Network Public Hall of Ceará-Mirim-RN, which serves children of four and five years old (preschool) with the participation of 17 teachers and two supervisory (teachers) that institution - subject of our research. Therefore, we have adopted the principles of action research, according to which the knowledge gained through research should build so shared / dialogue in the relationship between researcher and participants, what is the implementation of an effective action formative. As the search procedures developed observations no-teaching participants in the meetings and activities of the classroom; semi-structured interviews (individual and collective) with teachers and supervisors; analysis of school documents and participant observation in the seminars of studies reflective. The latter is implemented as key moments of speech and thought, and finally to (new) meaning of knowledge, the subject of the research-action. For these knowledge, the systematization of the register built was developed based on the principles of analysis of Content that guided us to the definition of two categories 1) knowledge teachers concerning conceptions of curriculum / proposed curriculum and 2) knowledge teachers concerning specifics of children education. From these were built subs representing thematings more specific and significant, among the many that emerged in the analysis: 1.1) Definitions of curriculum and curriculum proposal; 1.2) The subjects makers / implementing a curriculum / proposed curriculum; 1.3) elements constituting a curriculum / proposed curriculum for children education and 2.1) Functions of children education and conception of child; 2.2) The space of the play in the organization of routine. Under the intervention could significant advances with regard to (new) meaning of such knowledge from the subjects, with major disruptions to their original designs. These are presented and reflected in this work. In front of this movement, transformation, made the need for a permanent work in the context of the institution of in-service training, or mediated by pedagogical coordinator or other to assume this role with teachers, in order to provide the development and effectiveness of proposed curriculum consistent and contextualized in practice effective with the children concrete envisage the service to their specificities and a quality education

Uma ecologia de base complexa

This thesis objective systemize and discuss the ecological knowledge constructed by means of tradition knowledge with basis in a complex ecology (MORIN, 2002b). The conception of tradition knowledge (ALMEIDA, 2001c) corresponds to a diversity of knowledgement, of men and women, constructed from heteroclite elements of the geographic way, making use of analogies and homologies which serves as the base for this scientific inquiry. These knowledge are extremely related the context where these people are inserted. To construct an ecology of complex base is to understand that the reality is not given previously, and that its construction assumes indissociability among the elements that composes it, that is, between nature and society, material and immaterial elements. To incorporate the disorder, the uncertainty, the unpredictable and the auto-echo-organization as guide principles of a new ecology, constitutes in a new vision of the biological science and the scientific ecology in direction to a science of complexity. The work focuses the ecological knowledge of the Piató lagoon, municipality of Açu, in the State of Rio Grande do Norte, having as interlocutor of this boarding Mr. Francisco Lucas da Silva (known in the local as Chico Lucas), fisherman and agriculturist, who was born, and lives until today, in the community of Areia Branca, around the lagoon. Having for base the method as strategy (MORIN, 2001a), the research construction was performed through the realization of more than 10 trips carried out between the years of 2005 and 2007. In these trips the ecological aspects of the environments such as, the flora and the fauna, as well as the environmental impacts on the lagoon, were obtained in recorded dialogues and interviews with Chico Lucas, which were later transcripts. The information from there showed a natural and social complex reality, little known by Cartesian science, since it brings a wealth of details of daily life full, over all, for tradition knowing of the people that had lived there and the ones who remain living there. The thesis looks to understand the strategies of thought and the knowledge production referring to traditional knowing and its ability of interchange between different cognitive operators. The ecological knowledge that emerges of these knows reveals a systemic perception of the environment, presenting the beings and phenomena in its peculiarities and its degrees of complexity, but immutable in its indissociability

Análise dos efeitos de um plano educacional individualizado no desenvolvimento acadêmico e funcional de um aluno com transtorno do espectro do autismo

Given the paradigm of inclusive education, the presence of students with autism spectrum disorder in regular schools has become more significant in recent years. Studies have revealed, however, deficits in academic participation of these students in these settings. Among the factors contributing to this phenomenon include poor teacher training and the lack of strategies to promote curriculum access. The aim of this study was to develop an instrument that would promote academic inclusion of a student with autism through procedures that could simultaneously empower the teacher. In this perspective, the study aimed to analyze the effects of an Individualized Educational Plan (IEP), developed collaboratively with teachers, on the academic and functional development of a student with autism in an early childhood education setting. Data were collected in a private school located in the city of Natal in Rio Grande do Norte, in the course of the academic year 2012. In addition to the student with autism, one teacher, a specialized educator, and four teacher aides participated in the study. The research used a single subject quasi-experimental design (AB) as well as qualitative methods of data analysis. The study was conducted in three phases: characterization, baseline and intervention. The first comprised interviews with the child´s parents and teachers, as well as the identification of two routines focus of intervention. In the second phase, the amount of time the student spent engaged in the selected routines during baseline was analyzed. In the third phase, the researcher prepared, collaboratively with the teachers, an individualized educational plan (IEP) for the student. Finally, the IEP was implemented by the teachers. The results indicated qualitative and quantitative changes in student´s participation in academic and functional tasks after the intervention program

Prática do enfermeiro do Programa Saúde da Família PSF na promoção da saúde do adolescente

Attention to the health of adolescents, based on paradigm flexneriano, needs to be overcome. Since the International Conference of Ottawa (1986), the literature is developing a discussion of the promotion of health, based on the paradigm of social production in health, suggests a design to overcome the health care traditional practices. Program Health of the Family PSF has this purpose to transmute the model of existing assistance, where the nurse is an essential element to the work done in the program. Around this context, it is our purpose to analyze the practice of nurse of the PSF for the promotion of health of adolescents, produced by a search of descriptive quantitative approach with the inclusion of qualitative data. Interviews were conducted with 9 nurses 3 units of health of the family USF, Mossoró-RN and applied questionnaires with 74 teenagers aged between 15 and 19 years old, with some nearby public schools where USF operate these nurses. The quantitative descriptions were transformed on tables, pictures and graphics using the program Excel (Microsoft) and the qualitative were worked through the technique of analyzing the content of Bardin (2004). The review was realized using the reference to promote health brought by the study. The results show that the most common problems that happen with teenagers are the drugs (33,8%), pregnancy (27,0%) and political problems-socio-economic-cultural issues (24,3%). Adolescents are spontaneous demand and rarely seek the USF. The actions presented by the nurses as, lectures and groups, are nothing comparing to the macro-problems presented by adolescents, and verticalized irregular. The nurses know the promotion of health generally, not explaining how operate it from its daily practice. Concluded that the practice of nurse of the PSF has not yet reach the promotion of health of the adolescent, being necessary to scheduling modules on the subject to continuous training of teams, professionals from USF, as well as teachers and other staff of schools, giving space to the participation of academic. The discussions should be socialized with the community to discuss possibilities of confrontation of the problems, which also require socio-structural changes. This research can contribute as work-diagnosis, which experienced the reality of care in nursing PSF to a specific group

Atuação dos enfermeiros da estratégia de saúde da família frente à violência intrafamiliar contra a criança

The family violence against children became visible, in the context of public health, due to the damage and injuries generated in the lives of children and to the growing need of investment in physical and human resources to fill this demand. In this context, it is believed that intervention could prevent such events and are configured as primary strategies to prevent the corollaries generated by the violence. In this perspective, this study aims to analyze the performance of nurses dealing with the Strategy of Family Health viewing to identify actions based on the paradigm of health distribution. This is a descriptive, exploratory and qualitative research. The data were analyzed based on the content analysis about the method proposed by Bardin. The study was conducted in Mossoró-RN and the participants were 14 nurses working for the Family Health Strategy in Health Units of this town. The instrument for data collection was a semi-structured questionnaire, with questions answered by the participants themselves. It was evident to the study that the nurses believe that health education are the main tool for dealing with domestic violence against children, being developed, however, in its positivist and vertical way. The actions used to develop health performed by the team on their daily lives are limited to educational activities and are carried exactly when cases of family violence against children are notified. Barriers to the practice emerged from fear of reprisals from the agressor, overwork, lack of management support and difficulty for the realization of interdisciplinary, intersectorality and comprehensive care.