Os crimes de mídia no paradigma democrático constitucional

The criminal responsibility of the media is analyzed when the criteria for production of news and events involving public safety are produced without considering the technical, legal and ethical practice of journalism in the media factors. Freedom of speech, expression of thought, necessary for professional qualifications and constitutional limits, reaching criminal constitutional principles and the possibilities of criminal liability for offenses practiced in the media are present as key factors legal dialogue in this work. The judgment of the Supreme Court on the unconstitutionality of Law nº. 5.250/67 called Media Law caused a gap in the national legal system, forcing the use of the criminal code to address issues that involve crimes produced in media professional performance. The presumption of innocence is ignored by the professional media during a police investigation where the information published does not respect, including constitutional guarantees: the right to privacy, honor and image. The right to information and the duty to inform media are worked in its constitutional aspect, considering that the same information should be produced is guided by the quality and guiding principles of truth. The constitutional concept of media is presented as information with the appropriate language of the news media, produced and disseminated through the vehicles of mass media, whether in print or digital platform. The presented model of the legal right to information is outlined from a constitutional hermeneutics, increasing the production of news as a result of the occupation of journalist in different news platforms, guaranteeing the quality of this prolific law. Under the Freedom of professional activity of the journalist, the constitutional limits are addressed in line with the reality of (non) regulation of their profession, considering the constitutional abuses committed in the exercise of that activity linked to communication fences. Jusphilosophic field reaches the limits of the duty of truth in journalism as a tool for spreading news, respect the audience and compatibility with the constitutional state. Using the conceptual and doctrinal aspects, this criminal offense is parsed from the journalistic practice and the publication of news involving public safety, with the hypothetical field consummation of that crime through the eventual intention. As a form of judgment against these crimes produced in honor media presents the court of the jury as a legitimate form of democratic decision

Valorização do magistério da educação básica no RN: participação do SINTE e do governo estadual na implementação do piso salarial profissional nacional na rede pública estadual no ano de 2009

This paper analyzes the policy of upgrading the teaching profession in relation to financing basic education, with a view to participation of the Union of Education Workers of Rio Grande do Norte - SINTE / RN and the state government in the implementation of Professional Base Salary the National Professional Teaching Public Basic Education - Law 11738/2008, the public state of Rio Grande do Norte. The participation of civil society, through the union movement presents itself as an important process of implementation of Professional Base Salary. The participation of SINTE / RN occurred since the fight to pass the plan, careers and Compensation (2006) until the implementation of the Base Salary (2009) highlighting the power relations established between the Union and State Government. To this end, there were actions such as public hearings and strikes by education professionals. In order to raise issues relevant to the issue of enhancement of teaching and participation of unions as a collective representation has been taken as a theoretical and methodological literature on the financing of basic education, enhancing teaching and participation as well as policy guidelines governing the career of teaching. Was used as a methodological procedure to document analysis and information gathering through semi-structured interviews. The results indicate the participation and the power relationship between the trade union movement and the state government in the implementation of the Base Salary. However, the current issues concerning the limitations of recovery of the teaching profession in order to implement the policy floor, not only merit of the state of Rio Grande do Norte, but the decisions that have been taken by the Supreme Court (STF) relating to the unconstitutionality of Action (ADI) filed by five governors. This fact greatly reduced the possibility of recovery of the teaching of the state, considering that the government was limited to decisions of the Supreme Court. Therefore, the enhancement of teaching remains a challenge for the union movement

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

Constitucionalismo internacional: direitos humanos sob a ótica da globalização

The work presented here is the result of research on the issue of human rights in the face of conflicting issues such as the incorporation of international treaties, the sovereignty of states, globalization and multuculturalism. Specifically, we will investigate the origin of human rights, alongside his growing recognition, from the Revolutions until its completion in the Universal Declaration of Human Rights in 1948. The question, however, has become broader, when analyzed from the perspective of the internationalization of these rights as conditions and limits of democracy. Given the convergence on the reception of international treaties on human rights, we analyze a series of positions, including recent placements of the Supreme Court, and Constitutional Amendment n.45/2004. The study aims to review the classical concept of sovereignty, now within a new perspective based on the appearance of certain limitations of the state and a crisis in the face of the protection of human rights. We analyze the phenomenon of globalization in light of its complexity and its relation to sovereignty and human rights in pursuit of an expansion of democracy. The theme is consistent also with the line of contemporary constitutionalism, since their approach has a close connection with the issues of sovereignty and globalization, as well as a current relationship with the protection of human rights. The research aims to analyze the formation of a new society within a global vision of the constitutionalization of international law. It seeks to glimpse the invocacion model of foreign precedents and the possibility of dialogue betweem States as a way of protecting and enforcing the protection of human rights