A construction como método concretizador de direitos fundamentais: aplicação na jurisdição constitucional brasileira

The way of organization of the constitutional jurisdiction implies the possibility to extend the democratization of the same one in function of the popular participation in the active legitimacy to constitutional process (procedimentalist model) e, at the same time, to assure technical viable decisions fast and to the complex problems of the constitucional law (substancialist model). The comparison with the constitutional jurisdiction of U.S.A. becomes interesting from the knowledge of the wide power to decide experience of Supreme the Court that for a methodology of construction of rights and not simply of interpretation of the Constitution, brought up to date and reconstructed throughout its historical evolution the direction of the norms of basic rights and the North American principles constitutional. Construction while constitutional hermeneutic method of substancialist matrix works with techniques as the measurement of principles, the protection of interests of minorities and the entailing of the basic rights with values politicians, what it can be brought to evidence of the Brazilian constitutional jurisdiction in order to improve the construction of basic rights that comes being carried through for the judicial ativism in control of the diffuse and abstract constitutionality. To define the limits of construction is to search, on the other hand, a dialogue with the procedimentalists thesis, aiming at the widening of the participation of the citizen in the construction of the basic rights for the constitutional process and to argue forms of the society to evaluate the pronounced decisions activist in the controls diffuse and abstract of constitutionality

O serviço público de fornecimento de água nas regiões metropolitanas: cooperação entre entes da federação e desenvolvimento

This work aims to study the material conflict of jurisdiction as to the ownership of public water supply, between the municipalities and the Member States, in metropolitan areas. One of the important points of analysis is the realization of the fundamental right of access to water, a right that is implicit in the Constitution of 1988, being prevented from having their achievement considering the lack of definition of the ownership of the service. Knowing discussed the essential public service, in all its stages, it will realize it is a complex activity that depends for its operation, joint activities of federal entities and the society. In its pursuit of development (understood as better conditions of life), that in view of the Federal Law nº 11.445 of 2007 is the universal access to service, require the adoption of popular participation and the positive benefits of the state, such as planning. Moreover, it will find cooperation between federal entities (after the study of Brazilian federalism) peaceful solution to the conflict through the adoption of joint management or shared, depending on the factual situation and legal

Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

Etnobiologia do boto cinza (Sotalia guianensis, van Bénéden, 1864) por comunidades pesqueiras do Rio Grande do Norte, Basil

Ethnobiology studies Local Ecological Knowledge (LEK) as well as the use and management of natural resources by local communities in order to understand how the environment is perceived, known and classified by human groups. In fishing communities, LEK adds empirical information about the biology of aquatic species and complements scientific findings, especially when it is difficult to obtain factual information during studies on cetaceans, whose behavior is essentially underwater. Cetaceans (whales and dolphins) are constantly threatened by human activities, especially by accidental capture of small coastal species, as in the case of the estuarine dolphin (Sotalia guianensis), object of this study. Ethnobiological researches in fishing communities are of great importance and can clarify aspects of the biology and conservation of this species. Although extensively studied throughout its distribution range, there are still gaps in the knowledge about S. guianensis. Therefore, fishers local ecological knowledge becomes an additional tool to get and confirm information about S. guianensis. This study evaluated the LEK of artisanal fishers who are daily exposed to local population of S. guianensis, through the use of semistructured interviews (N=116). The interviewed fishers were asked about the biology and popular classification of S. guianensis and about possible interactions between this dolphin and them. The studied communities were located in Tibau do Sul (n=39), Pipa (n=36) and Baía Formosa (n=41), all on the south coast of Rio Grande do Norte, Brazil. The study was based on the assumption that differences in fishers LEK among those communities would be caused by both the variety of fishing environments (lagoon/estuary and ocean) and the intensity of tourism activities. Fishers knowledge is expressive and differed among the studied communities depending on the topic investigated. Fishers correctly reported the habitat, distribution, seasonality and behavioral particularities of S. guianensis. Tourism mainly affected the naming of the species. The study results also suggest that marine fishers have greater knowledge about the species than the estuarine/lagoon ones. Local populations accumulate empirical knowledge according to their environment. Hence, it is important to take into account both empirical knowledge and popular participation in management systems, in order to maintain information sharing among communities

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

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

Turismo, capital social e produção do espaço: uma leitura a partir do município de Natal/RN no período de 1980 a 2012

Nowadays, there is a tourism phase in the city of Natal/RN called internationalization of tourism , which shows a tourism model with a planning and an administration, based on the needs of the visitors. Such process shows that the production as well as the reproduction of the city spaces with the goal of favor tourism excludes of its composition the effective participation of local subjects. Thus, the research is a result of the perception of tourism as an activity with a meaningful power of transformation of the social and natural space taking into account the low participation of the residents in the decisions of the tourism activities in the city of Natal/RN. Despite that reality, it is possible to note Natal that civil society, starts to mobilize its citizens trying to develop collective actions to low the negative impacts caused by the bad planning as wells not efficient tourism administration, trying to put in action the right of the local population to take part in the decisions of the city activities. Having this panorama as background, this paper aims at investigating in which way the mobilizing action of the social capital in Natal has contributed to change the spatial production which is part of the process of expansion of tourism in Natal/RN? The research presents a temporal picture which starts in the year of 1980, when occurs the first effective state intervention aiming to develop tourism in the capital, taking into account an analysis of 2012. Concerning the spatial picture, the research investigates the beaches of Natal which concentrates criteria and actions such as: visitation, tourism appeal and focus of investments, highlighting the following beaches: Ponta Negra, Areia Preta, Praia dos Artistas, Praia do Meio, Praia do Forte and Redinha. This study is of a descriptive and exploratory nature concerning its goals. With respect to the treatment of its object it is a qualitative research. The data was collected through structural interviews, with open questions. Regarding the methodological choices, it was used the content analysis proposed as well as the collective discursive subject methodology. The results show that there´s not yet in Natal a meaningful social capital related to tourism, capable to change the spatial production related to the activity. It should be stressed that Natal social capital presents difficulties concerning the incentive to trust, spontaneous cooperation and the civic participation, which are the foundation for the development of an effective social capital, which makes it harder for a more expressive articulation in the reality in Natal/RN. It should be stressed, as an answer to the research questions, that tourism in Natal/RN is represented by social and spatial segregation. In other words it emphasizes mainly the action of hegemonic agents (State and market), leaving little room for the participation of society. It can be noticed that the actions related to tourism in Natal keeps the popular participation out of the way. Thus, it can be said that the social capital in Natal/RN does not yet contribute to a more fair spatial production related to the expansion of the tourism as well as the well being of the population of Natal/RN. In conclusion, it should be taken into account that this participation do exists but not in a meaningful way. In other words, it´s not enough yet to cause meaningful changes in the actions which tourism needs nowadays in Natal/RN

Cidades pequenas, grandes problemas :perfil urbano do Agreste Potiguar

In view of the diversity and the heterogeneity of the existing cities in Brazil, our approach refers to the urban and non-metropolitan areas. Aiming to foment the studies on small cities e to apprehend the sociospatial configuration of the urban environment in such cities, this piece of work elaborates and analyzes the urban profile of the small cities of the Agreste Potiguar region, using as a theoretical reference landmark the production of the urban and regional space, from the decade of 1970 to 2000. Starting from this reference, this piece of work presents an urban sociospatial characterization of the small cities of the Agreste Potiguar region, with emphasis on the economic framework, on the population dynamics, on the main social data, culminating in the main characteristics of the local daily life. The study of the small cities of the Agreste Potiguar region makes it possible the comprehension of the problems that involve the cities of this size, above all, those inserted in economically fragile regions. In the analyzed period, the changes occurred in the productive structure of the State of Rio Grande do Norte triggered a great crisis in the economy of the Agreste Potiguar region. This aspect, allied to the insufficient performance of the public power, contributed to the sprouting of some sociospatial problems, amongst which may be distinguished: the economic fragility, the generalized unemployment, the lack of security and the urban infrastructure absence sufficient to take care of the social demand. Even facing the existing problems, the small cities must be seen as potential spaces, capable to promote the regional development. To do so, it is necessary a process of democratization of the public administration, an ample popular participation and the establishment of a new urban policy, that aims at the social promotion of the individuals, the guarantee of basic necessities and the access to the necessary services to a dignified life

A democracia participativa na jurisdição constitucional brasileira: o amicus curiae enquanto mediador democrático no controle concentrado de constitucionalidade no Supremo Tribunal Federal

This master thesis aims to research the tension established between the judicial review and democratic theory which was always present in the constitutional doctrine of separation of powers. In this regard, the expansion of the Brazilian constitutional jurisdiction checked after the occurrence of the Federal Constitution of 1988 and the inertia of the Legislature in disciplinary relevant legal aspects of Brazilian society contributed to a hyperactivity of the Supreme Court. However, in a complex society of context, as is the Brazilian society, there are contained demands and political controversies that hardly would be well represented or resolved through the action of the Court of ministers at the expense of other government bodies. Among the supremacy of Parliament and the legitimacy deficit of these magistrates, is the constitutional text and the social fabric that makes this legal status of the political. Participatory democracy established by the guidelines of the Federal Constitution requires this perspective when the Supreme Court acting in place of concentrated constitutionality control. In a plural society, there is no reason to get rid of state decision moments popular participation. Lack the Supreme Court, this time, the democratizing perception that the institute brings to the interior of the Court, as state determination of space in which to come together and meet the aspirations of society and state claims. The dissertation investigates thus the possibility of amicus curiae Institute serve as a mediator of the democratic debate, to assist the Supreme Court in the preparation of the decision is, historically, that which is of greater legitimacy, from the perspective of a theory participatory democracy. Analyzes, likewise, the unfolding of abstract judicial review in the context of Brazilian law. Proposes, incidentally, a rereading of the separation of powers, with the call for the Judiciary be careful not to become the protagonist of national political decisions. It maintains, finally, that procedural opening the interpreters of the constitution, through the amicus curiae Institute, shows up as able to decrease the legitimacy deficit in the performance of the Brazilian Supreme Court.

Atividades educativas na prevenção da aids na rede básica municipal de saúde: participação do enfermeiro

TORRES, Gilson de Vasconcelos; ENDERS, Bertha Cruz. Atividades educativas na prevencao da AIDS em uma rede basica municipal de saude: participacao do enfermeiro. Rev.latino-am.enfermagem, Ribeirao Preto, v.7, n.2, p.71-77, abril 1999. Disponivel em: . Acesso em: 04 set. 2010.

Conselho Municipal de Saúde de Pedras de Fogo - PB: um estudo sobre participação

The present study aims to understand the process of Participation of the Health Council- CMS in the formularization, implementation and control of the Municipal health plan of Pedras de Fogo, through four criteria of quality of participation considered by Demo (1993): representation, legitimacy, base participation, and self-responsibility. The criteria of representation is related to the quality of politics of the representative over the representings. Legitimacy is related to the politics` quality of the process of participation based on norms and rules that stipulate the participation, the base participation is a necessary political support so that the power authorization directed to the representings can be effective and the self-responsibility refers to the capacity of being responsible when it concerns to the public service or property. Through the descriptive and exploratory study a qualitative method was adopted to consider the conditions of the participation of the twelve council members of the City council of Health of Pedras de Fogo, through a formulated Instrument based on the criteria of DEMO (1993). It was concluded that the quality of the participation of the council members of the CMS of Pedras de Fogo understands essential aspects of the criteria of quality considered by Demo (1993) but it shows fragilities as unfamiliarity with the norms that legitimize the performance of the council; unfamiliarity of its condition of being an agent and the importance of the participation of the base for the reinforcement of its participation, as well as inertia related to the check and rendering of accounts on its performance. This way it makes sense that the participation of the council in the four criteria of quality of politics considered in this paper needs to improve

Círculos ao invés de linhas: em busca de valores e princípios estruturantes da gestão social. Projeto juventude, participação e autonomia (Instituto Universidade Popular - UNIPOP)

The organizations are characterized as dynamic spaces, they are being revisited and redefined, because they constitute structural human spaces and new vain outlines won expression. As it begins, of the non consensus in its conception, it is explicit the complexity degree that is identified in the plurality and diversity, brought by the people that compose them, characterizing it as accomplishment space, of happiness and also of conflict, of relationships of power and organizational limits and from birth and burial of faiths, values, norms, symbols, knowledge and rituals, therefore, deeply human. In that way, to know the administration of the organization is preponderant condition for the format of the human relationships to be delineated in its living. Like this the work makes an option in knowing the social administration, this work tries to know and analyze the values and beginnings of the social administration; revealling characteristics and specificities of the organizational performance of UNIPOP that contribute to the formation of the conception of Social Administration, it tends as source of the information the managers of the institution; to identify the formative values of UNIPOP that contribute to the youths' partner-political action in the community, tends for reference the current students of the organization and last to evaluate values structurates and supporting that interconnection between the organizational Administration, formation youth's program, participation and autonomy and attendance, starting from the existences gained by the exits, of that program. This way, the research will be qualitative, looking for understanding starting from their documents, the existence of those values

Participação e ação política dos psicólogos frente à política de saúde mental no Piauí

It is intended to problematize forms of participation and political action of psychologists toward mental health policy in Piauí. The study was motivated through challenges faced by the local Psychiatric Reform movement, and the one underway in the country, which needs support technical-assistence and sociopolitical to guarantee accomplishments and to move on with the complete reversion of the asylum to psychosocial model. The method was based on institutional analysis and counted with three insertion moments for the field research: a) to identify historical and political events that configure the local Psychiatric Reform (documental research/oral memory) and to identify psychologists that act in Mental Health; b) to realize participant observation and semi-structured interview with 33 psychologists which act in Mental Health in Teresina; c) to follow the sociopolitical contexts/events of the local Psychiatric Reform (participant observation and conversation circles). The data were analyzed considering four discussion axes, achieved through categorization of the collected material: 1) ways of professional insertion of psychologists in mental health; 2) knowledge and practices used to act in this work context of the profession; 3) political professional movements of workers of the reformist local process; 4) political action of psychologists toward the course of Piauí mental health policy. We concluded identifying that the participation of psychologists in Piauí mental health finds strength by the conduction of its macro and micropolitical professional action. The first one follows oriented by the lemma of social commitment, despite this movement doesn t have equivalence in the transformation of practices and political-professional postures of psychologists in the daily of services. The second is constituted in the every day of work, standing to the political action of the profession implicated with the preservation of the classic modus operandi of being psychologist. Therefore, it is about the actions that give little sustainability technicalassistance to the Psychiatric Reform underway in the State, and why not say in the country

Práticas educativas e integralidade na saúde da família: um estudo etnográfico

Primary Health Care, especially in the family health strategy, it is expected that the joint assistance and actions of health promotion. The Ministry of health (BRAZIL, 2007) defines health education as an eyeshadow strategy of prevention and health promotion, based on reflective practices, which allow the user to their condition of historical, social and political subject, under the vision of an expanded clinic on the part of health professionals. In this sense, there are guidelines for it professionals to develop educational activities and that they can interfere in the health/disease process of the population, with a view to the development of autonomy of the subject. This research had as objective to understand in the light of the integrality of the care, as is the production of health education practices, within the framework of the family health strategy from ethnographic study in a family health unit (USF). The location of the research was the unit of USF Felipe Camarão II in West Health District, in the city of Natal, RN, Brazil, selected from preliminary mapping of educational practices deployed in units of health of the family of this municipality, based on criteria such as time-to-deployment of USF and sustainability of existing actions. Immersion in the field consisted of participant observation with journaling, held during the period of August 2012 to January 2013, in which she accompanied team work processes in clinical-welfare actions on the USF, in households and in educational activities of group character. The results presented in ethnographic description were analyzed based on the axes proposed by Ayres (2009) for identification of integrality in health practices:the axis of the needs; the axis of the purposes; the joint axis; and the axis of the interactionsThe evidence described from observation point the presence of each axle up health education practices developed by the teams, even incipient form, namely: articulation and appreciation of knowledge and practices of popular culture with local initiatives (Pastoril do Peixe Boi Encantado, Auto de Natal e Grupo Terapia e Arte); Clinical integration with health promotion actions and coordination of multidisciplinary knowledge, with professional-user link (course for pregnant women). However, a few challenges were identified to be faced in order to move forward in these practices in integral care: the need to break with the fragmentation of actions; strengthening teamwork; need for greater sustainability policy of collective actions; intersectoral work aimed at a better role of the State in the face of the health-disease process, adding to the action of individuals.The analysis produced from observation of the processes experienced indicates the need for a better recognition of local managers that actions similar to those that occur in the USF Felipe Camarão II enable advances in completeness as allows inclusion of actors involved in the processes of health work, and stimulate participation and shared responsibility in the fight for health-disease situations

Acompanhamento coletivo do crescimento e desenvolvimento infantil: participação de mães/cuidadores

This study aimed to analyze the participation of mothers/caregivers from the perspective of the health care model that directs the collective monitoring of child growth and development. This is an exploratory and descriptive research with qualitative approach, carried out in two Family Health Units located in the city of Natal/RN. Data were collected between August and September 2014, through participant observation and semi-structured interview technique, with mothers of infants seen at follow-up visits collective child growth and development. A total of 13 mothers were included who met the following inclusion criteria: being a mother/caregiver responsible for the care of children who have attended one or more meeting of collective monitoring of child growth and development. Exclusion criteria was established: users outside the area covered by the Health Unit Family and who did not use the National Health System as the primary health care service. For the treatment of the collected material, the content analysis was used, thematic Bardin. The study followed the ethical and legal principles governing the scientific research on human subjects recommended by Resolution nº. 466/2012 of the National Health Council and its realization occurred with the approval of the project in the Research Ethics Committee of the Federal University of Rio Grande do North, which was approved by Opinion Embodied nº. 719 949, of June 27, 2014, and Certificate Presentation of Findings Ethics No 32510514.7.0000.5537. Although not conceptualize theoretically mothers demonstrated that collective consultations of child growth and development are actions aimed at health surveillance model, since most pointed monitoring your child to actions that can be measured. Even with that, it was established the existence of health promotion actions by reporting the exchange of experience and leadership of the subjects in collective action, factor facilitated by the link established between users and professionals and users. In this action there is the induction of permanent horizontal relationship where we seek to combine popular knowledge to scientific knowledge in order to promote the integral care for the child. However, it is still possible to find professionals who directs its assistance only to pathological processes and fail to create comprehensive care alternatives. In addition, there is still embezzlement in multi that should provide care to the child population. This factor may be related to their professional training, and thus an issue that can last for a few years. We conclude that it is necessary to incorporate alternatives and models of care that support overcoming limitations and enhancing the health of the population, involving it in the prospect of a better quality of life and therefore health.

Deliberação e participação: dinâmica e efetividade do conselho de saúde de Mossoró/RN – 2009/2012

The social participation in Brazil takes a new impetus with the (re)democratization process of the Brazilian society and is strengthened by the resurgence of the civil society and the 1988 Constitution. In this context, the study is conducted with the scope to verify the effectiveness of deliberative Municipal Health Council of Mossoro (CMSM), with theoretical and methodological support based on the following models: the participatory normativity, which measures the degree of institutionalization, democratization and council representation; and the effectiveness of deliberative that, from the calling capacity and agenda of the participants, from the kinds of manifestation, from the decisions and the council’s office, that measures the degree of effectiveness of the deliberative council. It appears, thus, that the council has an average degree of effectiveness deliberative, standing out as means an institution that practice, despite the existence of obstacles and challenges, the role of control over municipal health policies, due, among other factors, the conservative political context, the asymmetry of resources between the counselors, the little substantive participation of the actors who attend its meetings, either counselor or not, and in particular, the reduced influence of the members in its decision-making process. In public management of Mossoro, social participation, especially social control over public actions, face, today, great number of difficulties to be held. The study recognizes that, in such circumstances, the council partially fulfills the role for which it was created, what does not impede, however, be characterized as an important deliberative space, since it allows the participation of representatives of the various segments of the state, society, their demands and intentions. Overcoming such obstacles moves through the interest of civil society to wake up and fight for the spaces in these institutions.