Parâmetros de concretização judicial do direito fundamental à saúde no fornecimento de medicamentos

In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health

Direito fundamental à saúde: parâmetros e alternativas para sua concretização no Brasil

If, on one hand, only with the 1988 Federal Constitution the right to health began to receive the treatment of authentic fundamental social right; on the other, it is certain since then, the level of concretization reached as to such right depicts a mismatch between the constitutional will and the will of the rulers. That is because, despite the inherent gradualness of the process of concretization of the fundamental social rights, the Brazilian reality, marked by a picture of true chaos on public health routinely reported on the evening news, denatures the priority status constitutionally drew for the right to health, demonstrating, thus, that there is a clear deficit in this process, which must be corrected. This concern regarding the problem of the concretization of the social rights, in turn, is underlined when one speaks of the right to health, since such right, due to its intimate connection with the right to life and human dignity, ends up assuming a position of primacy among the social rights, presenting itself as an imperative right, since its perfect fruition becomes an essential condition for the potential enjoyment of the remaining social rights. From such premises, this paper aims to provide a proposal for the correction of this problem based upon the defense of an active role of the Judiciary in the concretization of the right to health as long as grounded to objective and solid parameters that come to correct, with legal certainty, the named deficit and to avoid the side effects and distortions that are currently beheld when the Judiciary intends to intervene in the matter. For that effect, emerges as flagship of this measure a proposition of an existential minimum specific to the right to health that, taking into account both the constitutionally priority points relating to this relevant right, as well as the very logic of the structuring of the Sistema Único de Saúde - SUS inserted within the core of the public health policies developed in the country, comes to contribute to a judicialization of the subject more in alignment with the ideals outlined in the 1988 Constitution. Furthermore, in the same intent to seek a concretization of the right to health in harmony with the constitutional priority inherent to this material right, the research alerts to the need to undertake a restructuring in the form of organization of the Boards of Health in order to enforce the constitutional guideline of SUS community participation, as well as the importance of establishing a new culture budget in the country, with the Constitution as a compass, pass accurately portray a special prioritization directed constitutional social rights, especially the right to health

Hermenêutica constitucional e fficácia dos Direitos Sociais

The present research has, as general objective, to seek a constitucional hermeneutics directed toward the improvement of the efficacy of the social rights rules, with the purpose to solve the elapsins problems from the general picture of its inefficiency, which are disposed on the Constitution, in its ample majority, as mere regular norms. Leaving of the premise that no Constitutional norm can be without being materialized and the true development of the State is it the social one (based on the principles of freedom, equality and solidarity), it will be demonstrated that the arguments in favor of the legislative inefficiency configure a true blow on the Democratic State of Brazilian Law. For this, it will be done, preliminarily, a study of the basic rights, legal category where it is found the social rights. To follow, it will be analyzed the hermeneutics of the legal norms, with emphasis on the specifics of the constitutional hermeneutics and its methods of interpretation. Finally, the aspect on the improvement of efficacy and the effectiveness of the social rights will be studied, through a new readind of certain dogmas that still persist in the legal world, being distinguished the institutiones of the reserve of the possible and the existential minimum. Ahead of this, after verifying the new paradigmas of the interpretable activity, will be demonstrated how it is possible to get an upgrade on the effectiveness of the social rights

A Boneca Emília: por uma pedagogia performática

La investigación parte de una visión histórica de la muñeca Emília creación del escritor Monteiro Lobato , relacionándola con la educación en cuanto pedagogía performática. Utiliza aportes teóricos de Renato Cohen, investigador brasileño del lenguaje performático, como también del pensador y pedagogo alemán Nietzsche, aplicándolos a las obras Emília en el país de la Gramática, Aritmética de Emília y La llave del tamaño. Muestra que lo performático tiene sus orígenes más remotos en el mito de Dioniso y que, a semejanza del arte performática, propuesta como arte de frontera, la pedagogía performática se constituye también como una pedagogía de frontera, en vista de lo híbrido pedagogía-y-arte en que es fundado, colocándose igualmente en el espacio de las pedagogías culturales o no formales. Dentro del concepto de pedagogía performática, llegamos a la construcción de un pequeño sistema pedagógico que subraya tanto lo existencial cuanto lo científico. La pedagogía performática representada por la muñeca Emília contesta a la condición bidimensional del ser humano: razón y sensibilidad. Por hacer mediante una alianza con el arte en este caso, la literatura -, es más sugestiva que prescritiva; está apta a colaborar para el surgimiento de un paradigma pedagógico no-centrado en la hegemonía de lo racional; tiene um carácter atemporal y universal, pudiendo ser aplicada en todos los niveles de enseñanza, no se ha restringido, sin embargo, al espacio escolar

Universo encantado do cuidado na autopoiese docente: uma viagem epistemológica transdisciplinar

The health transition experienced in Brazilian health care model requires a metamorphosis in human and society, placing new demands on health and education. The Faculty of Science, Culture and Extension of Rio Grande do Norte (Facex), aware of their responsibilities to the Health System, which brings the principle of comprehensiveness as its structural axis, dared to implement a course of nursing in complex thinking and Experiential Pedagogy Humanescente with curriculum inter / transdisciplinary. For deployment of proprosta was not enough to reform thinking of educators, there was a need corporalizar new teaching practices that are aimed at the integral formation of human beings. In this context, emerged the workshop on Human Education autopoietic, self-forming area of the educator, where he developed an Action Research Existential (PA-E) which enabled experience, describe and analyze how the human autopoietic educators could contribute to the practice educational humanescente transdisciplinary curriculum project. Were worked out in meetings, knowledge necessary to practice the transdisciplinary 1st Meeting - learn to create; 2nd Meeting - learn to recognize the laws of nature with emphasis on complexity theory, 3rd Meeting - learn to organize, 4th meeting - namely autoestruturar themselves; 5th Meeting - know how to choose, 6th Meeting - knowing innovate 7th Meeting - namely exchange. Next an autobiographical perspective, we chose the metaphorical possibility to narrate the ways and strategies covered by the author and apprentice in the company of the Little Prince de Saint-Exupery, in search of a sensible pedagogical practice complex, which promotes re-enchant transdisicplinar education. The route involved five methodological connections: a literature review which relate to training for care in undergraduate nursing: the study of learning processes that drive the formation humanopoiética, emphasizing the relationship that involves the complexity and embodiment in the educational process transdisciplinary, highlighting the analysis of what is to learn from the findings of biosciences and recent cognitive theories of Maturana and Varela, the description of the interdisciplinary curriculum of the nursing course of Facex and Training Workshop, Human autopoietic, with emphasis on Experiential Education Humanescente; the report of seven meetings of the Workshops (cocoon), recording the experiences and listening to educators (luminescent butterflies), the final reflections with learning opportunized. Experientiality lived through, the expressions and words, educators say the influence of workshops for their teaching practices, highlighting it as a space for selforganizing, creating, learning and enchantment, and can identify the workshop as a place of transformation necessary for deployment an interdisciplinary curriculum. The knowledge emerging from the study indicate the need for permanent spaces of self, in which the educator learns from its body, between cognitive processes and vital, and in the experiences of their formative process the opportunity to act on the dimensions of knowing and being

Dançando com gatos e passáros: O movimento ecossistêmico da ludopoiese na educação infantil

This study shows the movement of educators ludopoiese ecosystem of the Center for Early Childhood Education Marise Paiva-CEIMAP. We used the metaphorof dance as an opportunity to stimulate scientific creativity. Ecosystem Thought, complex thinking, the theory of autopoiesis and Flow Theory, constituted the main theoretical steps to understand the phenomenon of ludopoiese, from the look of your totalidadem with the following objectives: 1 - Identify and interpret the process of self ludopoiética CEIMAP of Early Childhood Educators in the actions of the play, care for and educate in school life; 2 - Analyze Ecosystem Thought from ludopoiéticos how these processes affect and / or possible changes and transformations in practice humanescenteseducational CEIMAP. The theoretical metodógicos steps to address the proposed objectives are grounded in existential action research part of the appreciation of the complexity of the real, considering the human being a whole dynamic. In this sense the game of sand, recreational experiences, the systematic studies and video training were explored with a view to the transdisciplinary relevance of everyday phenomena. New knowledge acquired in accordance with the directions given indicating the movement of the ecosystem studied ludopoiese educators, involved in four main streams: love, play, care for and raise it from love streamline interdependently. The ludopoiese eachteacher would then be fed by this web generated by love that permeates all other educational activities, nurturing and maintaining a constant creative self-organization of knowledge and know-how to be teachers. Thus, every network that generates andstream lines the system emerges ludopoiético biology of love, the open dialogue and playing in the wishing well to the student, the aesthetic beauty of caring and educating, as a human conditionand relevant as possible to live / live not only in teaching children, but in other educational contexts of teaching and teacher education

A auto formação maternal: cenários de uma educação vivencial humanescente

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CORPOREIDADE E A MELODIA DA EXPERIÊNCIA ESTÉTICA NA FORMAÇÃO HUMANESCENTE DE CANTORES-EDUCADORES

In order for this study to be developed, the central goal on our investigation was defined as analyzing and interpreting the aesthetical experiences meanings lived by singers-educators in the human formation. The interest for the aesthetical experience theme was built from my own experience for the last twelve years as a member of the School of Music Madrigal, the oldest group in the State Federal University, created for research and cultural extension with structural perspective which brings closer teachers, students and the outer community that comes from different social realities to face the challenge of combining the ability of singing, the corporeity involvement and the aesthetical experiences meanings. This paper points out the understanding of art as perceptive expression of human emotions, such as the creation of existential demand, the restructuring of oneself and the constructions which shape beauty. We seek a dense contribution of new challenges to the peculiar demand of human potential in terms of sensibility repertoire, of involvement, of expectation in magnifying the possibilities and the human and social competences. In the formation human process, we find a living field blooming with natural artistical possibilities, experimenting emotions and feelings shared in collective life, and bringing out impulses to unexpected ludic creation, establishing a powerful aesthetical ambience which highlights the symbolic and imaginary with the deepening of rich ludopoiese properties in several meanings. From the guiding principles of etnophenomenology we find structural and indispensable perspectives which contemplate values, desires, archtype images and ideas that impress originality and fertility to the study. On this path we understand the abundance of living moments of intense commitment, acquaintance, challenges, reunions and connections that stand out from fundamental aspects to freedom, autonomy, creativity and new discontinuities. This acknowledgement brings us closer to the enlighted fullness which makes us humans

A produção biopolítica do corpo saudável: mídia e subjetividade na cultura do excesso e da moderação

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A Produção biopolítica do corpo saudável: mídia e subjetividade na cultura do excesso e da moderação

Recognizing the plans left by Foucault as legitimate, for those that the struggle to fight against all forms of way of life subjection takes an important role on human being existence, this thesis questions the impacts of body planning on health specialized media on the production of the contemporary subjectivity. Having the Saúde! magazine as this thesis empirical field, it discusses the subjectivity processes centered on the realization of many bodily practices destined to a perfect body self-construction, finding suitable conditions for a narcissistic development of the new ways of social regulation on hypermodern societies. Our central argument, refering to a specific reflection about the body, media and subjectivity, is that the body promoting over the health specialized media makes possible the creation of new existential territories, configuring the healthy body bio-political production by a subjectivity process open to experimenting and to self-invention. Bodily subjectivity process centered on body self-construction, simultaneously generating human subjectivity singularization and massification, evidencing escape routes to build a body health existential perspective. In this thesis we seek to point not only the historically hegemonic forms of being healthy, but mainly the forces that nowadays question these forms, making possible the thought of other ways to live the health of the body, starting from the subjectivity singularization

Ludopoiese e humanescência no educador infantil

This research has as study objective the development of humanescent experience in the process of self-formation of the teachers of the Infantile Educational Unit of the Education Center of the Federal University of Rio Grande do Norte. It has as general objective the description and analysis of how the humanscent experience of life contributes and is manifested in the children educator in his way of being, living and in his pedagogical practice. As specific objectives, the identification of the contributions of the humanescent experiences in the children educator in his way of being, living and in his pedagogical practice; the analysis of the contributions of the humanescent experiences to the children educator from the ludopoetic categories self-esteem, selfworth, self-realization, self-territory and self-connectivity. It is a descriptive study of qualitative nature understood as an existential action research that uses the principles and fundamentals of the etnomethodology and phenomenology. Sixteen teachers six that are effective teachers, six substitute teachers and 4 interns - took part in this investigation. Six humanescent experiences were carried out with them. As main tools we point out: the participative observation, the sand game, the photographic register and the semi-structured interview. The analyses were centered in the categories of the ludopoetic system, described above and referred to in the theoretical fundamentals selected for the study. From the analyses and to the answers to the objectives of the study, we make clear the following considerations: the reports of the teachers reveal that the humanescent experiences have contributed to make them more ludic, sensitive, emotional and lovely people, and this has reflected in their educational practice and has been making sense in their and their students lives. In this way, we make evident that the humanescent experiences have contributed to improve the ludopoesis of the teachers, revealing in the embodiment changes in their way of being, of living together and in their educational practice. In relation to the contributions of the humanescent experiences to the children educator from the ludopoetic categories self-esteem, selfworth, self-realization, self-territory and self-connectivity, we emphasize the following aspects: with the self-esteem, teachers have become more creative, rebuilding their possibilities of intensely experiencing the pleasure of living; in the context of selfterritory, the teachers have provided the realization of the wishes and expresson of oneself while lively interacting with the environment and with the other different territories of the educational process, in a continuous process of demarcation. Concerning the self-connectivity category, we emphasize that the teachers started to become more tuned with themselves, with the environment and with the other teachers because of the general well-being to the success of personal, pedagogical and institutional objectives, promoting a harmonic, lovely and ludic environment. Concerning the self-worth category, the teachers have valued the struggle for a school that is more committed with the search for happiness. From the self-realization, the teachers have shown self-recognition while ludic beings, playing with the beauty in their lives, allowing the flowing in its completeness, the other possibilities of analysis, the educational formation and development. We would like to emphasize that the considerations above are not over after what has been presented because of the richness of experiences revealed in the research

Corpo e saúde: reflexões sobre o quadro "Medida Certa"

The present scenario is permeated by different comprehensions about the body and health. These are the result of a historical process experienced by men in different times and social contexts through which were being built. Faced this scenario, we emphasize the media as a powerful means of information and training ideas regarding the body and health of theses. The media also as a means of mediating information we present characteristics of the social scenario where is inserted. In our research we bring reflects about the comprehensions, knowledge and practices propagated by the way the body and health under "Medida Certa" of the program Fantastico the broadcaster Globo Telecommunications, in order to identify how Physical Education, has contributed the construction of knowledge disseminated. Therefore, we focus our analysis to the table "Medida Certa" exhibited by Fantastico in the months of April, May and June of 2011.The data for analysis were collected through the videos shown live in Fantastic and the information provided in the blog that table. Thus, we had 14 videos shown live, 16 videos posted on the blog, 97 posts in blog. As technique of analysis of the datas used of content analysis of the Bardin (2011). About body obtained as analytical categories: body as operating system; biological body; fragmented body exterior to the subject; body trailer quantified to patterns; subject body. How to health we analyze the categories of health existential: health existential based in biological indices of normality; health existential associated with weight loss and aesthetic patterns; health existential associated with physical activity and nutritional control; and finally we propose a comprehension of health existential. Therefore, from the analysis of the data evidenced a predominance of comprehensions, knowledge and practices about the body and health guided the biological constituents of the body, quantification and classification in medium and normal patterns on pervasive forms of care, in the linear association among physical activity and nutritional control with health, evidenced that Physical Education has contributed to these constructions, through some of his discourses with emphasis on biological aspects. Thus, in our study we advocate an understanding of not only the body as object, but also as a subject clipped by organic, cultural, historical and social elements, a living body, feeling, desire and above all expresses itself, and health viewed as something body, interlaced through the biological, cultural, historical and emotional aspects of this body that coexist in this society

Corpo e aprendizagem em Boris Cyrulnik e em Merleau-Ponty

This research seeks to identify views of the body and learning the authors Boris Cyrulnik and Merleau - Ponty, thus tracing reflective for the educational field in several areas, with emphasis on physical education paths . We notice that the above authors present a wide collection of books, needing to develop this theoretical construct a limitation in their works. Therefore , on the theme of the body , were used mainly books The Sixth Sense , Boris Cyrulnik and Phenomenology of Perception , Merleau- Ponty , as both present in their organizational context a specific chapter on this subject . The phenomenological approach is included as path to be taken to devise this study because it is based on daily reflections that the human being perceives through his experiences with his peers and mainstream culture. The phenomenological reduction was carried out from the readings and interpretations of texts, writers and commentators, as well as approaching with life aspects of experience as a police officer and professor of ethics. The interpretation points to the understanding of body and learning that can be propagated within the Physical Education and as a way to understand and learn the constructs lived through sensitivity. The design of the body, feelings and affections of Boris Cyrulnik firm the empathetic bonds between human beings, bringing confidence to explore the world, learning through the new link with the other. This notion is close to the notion of expressive body Merleau Ponty, who holds intentions in their gestures (movements), entwining in time and space. Boris Cyrulnik and Merleau-Ponty expressed as the human being is enigmatic, lying embedded in a social and cultural world, so the experiences to traçarem existential trajetória and learning need in order to enaltercer freedom of expression as a mechanism that can be deployed in the appropriation of concepts and the criticality of the subject facing widespread theories (biological, social, anthropological , etc.) . From the reflections of the research is that recomneda Physical Education , as epistemological working area apprenticeships stemmed body movements should enable reflection on their practice, other do be done, but enabling the creation of different senses and meanings each body attitude

João Cabral de Melo Neto: a estética do avesso

La pieza-poema Morte e Vida severina Auto de natal pernambucano, de João Cabral de Melo Neto, publicada en 1956, es el principal objeto de este estudio, interaccionando con las obras O Cão sem plumas y O rio por la similitud temática entre ellas: el estudio sobre esas obras busca una lectura desvinculada del posicionamiento constructivista y metalingüístico que por tradición configura la obra cabralina, no por negar a la crítica literaria que da respaldo científico, pero con la pretensión de lanzar una nueva mirada dirigida para el concepto de barroco, materia ésta que implica la creación poética a partir de la segunda mitad del siglo XX. Por lo tanto, este trabajo presenta una propuesta de análisis de la poesía de João Cabral a partir del contexto neobarroco. Considerando, sobre todo, los aspectos similares a la temática del barroco, el enfoque recae sobre la influencia de la literatura ibérica por que pasa el poeta João Cabral, así como la temática sobre el conflicto existencial explorado en el texto Morte e Vida severina, y aún, los extractos de lenguaje con significación múltiple que presentan signos metonímicos y metafóricos.

Sinto uma infinita nostalgia do Oculto : vida e poesia, solidão e morte de Walflan de Queiroz

El objetivo de esta Tesis es la investigación literaria de la vida y la obra del poeta potiguar Walflan de Queiroz (1930-1995). Después de más de 17 años de su muerte, su poesía clama por una suerte crítica capaz de identificar sus características formales y estéticas. En ese sentido, se realiza el rescate de la producción poética de Walflan de Queiroz, con el fin de ofrecer los elementos que motivaron su discurso, su lirismo. Se pretende demostrar sus principales temas, como por ejemplo, el tenor metafísico, la angustia existencial, las pasiones platónicas, la muerte, la soledad, el silencio y la influencia de los poetas extranjeros, especialmente de la tradición romántica y simbolista, así como la manifestación de la religiosidad, de lo sagrado desde siempre encadenada a diversas tradiciones religiosas del mundo. Siendo así, la Tesis tiene como base teórica los fundamentos de la tradición poética y del imaginario religioso diluidos a lo largo de todo el estudio