A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

A alteração do tipo penal de adulteração de combustíveis: reflexo da constitucionalização do direito penal no mercado de combustíveis

The neoconstitutionalism led to a process of ethical revaluation of the normative systems and the process of constitutionalization of the many fields of law. This study examines the consequences of this process in criminal law, so important a Law field for the protection of the most valuable assets by the society, including the fundamental guarantees, thus emphasizing the necessity of protection of the collective and individual rights, which are guided by the observance of the defendants individual rights in the course of criminal proceedings and the search for the best efficiency of penal protection, according to the corollaries of defense against the state (prohibition of the excess or Übermassverbot) and the provision of rights by the state (prohibition of insufficient protection or Untermassverbot). The offense of fuel adulteration is taken as an object of study, since it is a vital market to a nation dependent of people and good s movement for their living, driven by fossil and biofuels. Such a crime affects essential legal interests to the development of society, interests such as the environment, consumer relations and economic order, particularly the principle of free competition. This paper seeks to analyze the need of a greater efficiency of this particular criminal protection, once concluded the conduct harm and social fear as a consequence by it as growing, and therefore having its former crime type, engraved in Article 1 of Law No. 8.176/1991, rewritten in compliance with the criminal law s principle of legality. Thus, the reformation proposals and legislative creation involving this crime were observed, with emphasis on the bill No. 2498/2003, which keeps it as blank heterogeneous criminal norm, kind of penal normative whose constitutionality is raised, including the forethought of criminal responsibility in the perpetrating of the offense as culpable and subsequently increasing the applicable minimum penalty, as well as the inclusion of new activities in the typical nucleus

A proposta do estado empregador de ultima instância e o experimentalismo democrático: uma reflexão teórica sobre a compatibilidade desses dois programas

This paper aims to make a theoretical reflection on the theoretical compatibility between the program State Employer of Last Resort (ELR) and the Democratic experimentalism (ED). The ED arises in political thought as an alternative to neo-liberal and social democratic programs in order to rescue the discussion about the institutional organization of society and the market economy. About the involuntary unemployment, it proposes tax changes incidents on payroll and proposes work fronts to the most vulnerable or poorly trained. The hypothesis of this paper is that this approach is compatible with the ELR program, the post- Keynesian line. The ELR is presented as transgression of the mainstream of economic thought by proposing that the State acts as guarantor of employment, working as a stabilizing anchor for the economy. On the edge, the ELR proposes eliminate completely involuntary unemployment. The implementation of the ELR, however, requires the construction of institutions that aim to remake the market economy, as well as deepen and energize politics and democracy, goals that are part of the ED program. Thus, the ED would, in theory, an environment conducive to innovative policies guarantors of training and occupation of the individual, essential for their emancipation institutional environment. In Brazil, which has serious infrastructure problems and qualification of manpower, such a program has enormous potential benefit. However when transposed to the Northeast of Brazil through the Plan for the region based on the principles of the ED and the hypothetical coupling to the ELR could not confirm or reject the hypothesis sub-compatibility of these two theoretical frameworks. The findings point to a partial convergence between these two programs

Histórias do corpo negado: uma reflexão educacional sobre gênero e violência feminina

This research has been implanted on thematic area education, politic and culture, based on line research and cultures practices aducatives histories approaches and literaries. on this situations, be involved around the kind of relations investigating about history cultural perspective, the thematic: woman, violence, body and education in women s daily victims of fisic, sexual and psychological violence. The research period happens end of 20th century beginning of 21th, specially between the 1999 until 2002. The survey shows influence of sexually device above body to reveal the root of violence in kinds of relations, be present in lifehistory of women aggressors the prisoners women and the women who permits aggressions the victims who accuse in the police station of woman. to preserv her privacy, i have been utilized in my register book pseudonym by flowers, to everyone. i have been defended my theory by familyrelations, be constitued in micro powerspaces and learn about sex, under the influence of violence in kinds of relations, creating negative bodywoman. shows bodyconceptions and sexuality by light thinking of the French philosopher Mr. Foucault Michel, in his opinion sexuality is a mechanisms by power, it is present on circular form at the society from all the institutions. I have been run over of Erich Fromm s lover theory. Those are fontain of newspapers, Police Protests, the prisoners women statement and the women who permits aggressions that them accuse aggressors of hers. I also utilize as fontain the Brazilian Penal Coole. At last I have decide about the flowers-women´s history, they have discourse who divulge the really importance of body as privileged by wisdom and truths, it was translated by own subjectivity, learned educations relacions, repetead in family breast and be responsible of the actions at signature in the presence of society. These relacions, were twice think and was problematic, their will be bring seeds of social transformations

O dia mais feliz da minha vida: a entrada na universidade segundo os alunos recém-ingressos no curso de Pedagogia da UFRN(2004.1)

The present work, based on the methodological principles of the Comprehensive Discourse Analysis, aimed, through the speech of twelve newly arrived students at the Pedagogy course of the Federal University of Rio Grande do Norte, to understand the moment students start university. It also aimed to analyze the relationship between the schools they were coming from and university entrance as well as the relationship between university and their new students. In the first part of the work, which focused on school knowledge, a comprehensive listening of the speeches of the students led primarily to a distinction, established by the students, between public and private schools, a distinction especially based on the view of superiority of private schools against public ones. The abovementioned interpretation is found in the discussion of the structural duality of Brazilian education which, historically, offers different pedagogical appliances among students of more priviledged social classes and those who come from lower levels of society. The overcome of this duality, aspired by the Brazilian Constitution of 1988, was stopped by the advent of a new economic model neoliberalism, which reinforced the differences between public and private when it prioritized the market on the economic, political and social relations, including educational projects. Impoverishment of public institutions and pauperization of the work of professors affected also the relationship between teachers and studens at the current institution. This is how the teacher becomes the greatest villain at the public management system. All of these references concerning differences in the quality of teaching at public and private schools, expressed by the students interviewed, however, were centered in the preparation for the entrance exam, called vestibular, thus showing a view that the relationship between the student and the school he came from is of a propedeutic kind and even so, reduced to a preparation for an entrance exam. In the second part of the work, which analyzed the relationship between newly arrived students and their university, it was noticed that the latter represents a whole new world. This world is seen as the change at the student´s social statute for now he is grown, takes more responsibilities and is socially respected. This change of attitude established by society and the discovery of a new world which requires more independence from the students, creates in them feelings of pride and fear and they feel insecure when it comes to making decision in the campus because now their decisions deliver a greater load of responsibility. This is when students understand they need to develop autonomy, which is seen, in this work, as the capacity to make conscious decisions. Nevertheless students expressed an understanding of autonomy as something that comes as a gift for those who enter university and not as a process that is constructed from social experiences. For these students, the need to be autonomous refers to the relationships with their teachers and the search for information. This search, however, is also related, according to interviews, to public school financial cuts, which penalize university, and to the lack of employers

Estágio Supervisionado na formação de professores em serviço dos anos iniciais do ensino fundamental

This report aims to present the results of research on the possibilities and limits of Supervised Traineeship in a the course of Training of Teachers in Service of the early years of primary education conducted through an agreement between the Federal University of Piauí and the Teresina city council (PI) UFPI/PMT, offers subsidies to teaching practices that address the reality of students who live, work and/or studying in school located in rural areas. The research is based on a theoretical and methodological approach that places the object of study in the critical perspective and using procedures such as: literature (bibliographical research), documentary analysis, semi-structured interview and photographic record. We researched 10 (ten) teachers of the course promoted by UFPI graduating in 2006 and who develop teaching activities in schools located in rural areas in the city of Teresina-PI, 02 (two) teachers who are trainee supervisor of UFPI and the coordinator of the course. The analysis evidenced that the object, historically, educational policies have changed, but did not break the traditional patterns of teacher education, enough, especially in the curricular proposals in light of the changes required by the information and global society. We also note that in the supervised training, the process of critical reflection on teaching practice was made possible, in part, and raised the reconstruction of specific knowledge to make teaching in order to conduct the teaching-learning process articulating different realities of primary teaching and facing situations due to conservative practices in relation to education in rural areas. It contributed, therefore, this curricular component to resize, in part, the pedagogical action of the teachers graduated. The study also drives the research toward to similar studies in the perspective of overcoming the current model of teacher training that does not correspond to the demands of society in change and to the crisis of capital, with immeasurable consequences in the workplace. The contemporary claims for a University to form professionals capable of directing the destiny of society, where teacher training is a social and political demands on which is co-responsible

A configuração da educação física no Instituto Federal de Educação, Ciencia e Tecnologia do Rio Grande do Norte IFRN: contexto e perspectivas atuais.

Over time the Physical Education on IFRN has considered the sport as the only possibility of pedagogical action. In the purpose of investigating the aspects that determine this condition, this study aimed the context of physical education within the institutional framework and its current perspectives in the process of institutional transformation. In this sense, were addressed the following study questions: What political pedagogical aspects that influenced the context of Physical Education on IFRN and how the pedagogical experience on Mossoro s campus incorporated the perspectives of curricular proposals transformation for the High School and the theoretical changes of the Brazilian Physical Education. Methodologically the work was based on a qualitative approach characterized as a descriptive- comparative research. The technique of discourse analysis was employed in the speech of research collaborators having as categories of analysis the professional activities time in the institution; The ratio of official use of the assumptions to the pedagogical practice of Physical Education in IFRN; The sport in the education process of students and The Prospects of Physical Education in the current configuration of IFRN. The data analysis allowed us to infer that the theoretical methodology of pedagogical practice of Physical Education in IFRN need to be reformulated and that it is necessary a contextualization with the curricular principles of the political institutional pedagogical project and with the Curriculum Guidelines for Secondary Education. The teaching experience developed in the Mossoro s Campus was contextualized with the national curriculum guidelines for secondary education and the theoretical changes of the Brazilian Physical Education. We conclude that it is necessary a collective action of the group of teachers to transform the educational profile of Physical Education of IFRN, beyond the institutional support to be able to consolidate the physical education curriculum component in the current dimensions of society, human being, education, science, technology and work, proposed by the philosophical principles and epistemological political project of IFRN educational

Relatos de uma vivência interdisciplinar: educação, saúde e cidadania

This study addresses the interdisciplinary training in perspective for the Brazilian Health System (SUS) in view of graduation students in the areas of health of Federal University of Rio Grande do Norte s (UFRN) former students of the course Health and Citizenship (SACI). Emphasizes also the importance of commitment to social policies, particularly with those focused on the area of health. This is a case study with a qualitative approach. There was the lifting of data through documental research, from 14 portfolios of learning, which are weekly records of students from the respective discipline, corresponding to 2005.2 to 2007.2 semesters. From the analysis undertaken, inferred that the methodology problematizing, used by the discipline, enables students to understand that learning is not restricted to the confined university walls. It shows the health from a complex and concrete social reality, allowing students to an interdisciplinary dialogue in search of the transformation of this reality. It means an opportunity to interact with the dynamics of society in their area of activities, developing a relationship of solidarity in the formation of the citizen. Moreover, it was clear the direction of experienced interdisciplinary and recognized by students of various professions that make up the discipline. Thus, the SACI in preparation for construction of SUS, helps to form a new professional, more committed to the promotion and with a collective work in health

Ações de profissionais relativas ao banco de leite humano : uma perspectiva de mudança

This is an exploratory and descriptive study that aimed to investigate the actions of professionals in the context of breastfeeding, on the assumption that the actions taken by employees working together to postpartum and newborn are not competing to effect the distribution of pasteurized human milk so that it meets the needs of infants who depend on it. Thus, the study aimed to analyze the actions of medical and nursing staff of the distribution of pasteurized human milk to the newly born. The investigation was developed by action research in a federal hospital, located in the capital the state of Rio Grande do Norte, Brazil, reference assistance to women during pregnancy, childbirth and postpartum high risk in 2010. Study participants were fifty-five professionals chosen from the following inclusion criteria: to act in the NICU or rooming, being a pediatrician and / or neonatologists, nurses and technical nursing. According to the methodology of action research a questionnaire was applied, techniques in focus groups and courses were developed, and, finally, action evaluation. The project was submitted to the Ethics Committee at the Federal University of Rio Grande do Norte and approved with no protocol 448/2009. The problems identified in the responses issued by the social research were grouped into categories according to the similarity between them. The answer to the question of the survey - How is the need for pasteurized human milk for the newborns in neonatal intensive care unit and rooming identified? - Brought subsidies for action planning and implementation of strategies for change in the practice of professionals working in rooming and ICU. Thus, the study has relevance in social care and, when at the local level, will compete for the distribution pasteurized human milk to take effect as best as possible, as recommended by the Ministry of Health. It is also conceived that, in a macro view of society, it could contribute to minimizing the health problem that involves the child population

Avaliação de programa de ginástica laboral e desempenho funcional: um estudo em empresa distribuidora de energia elétrica

This thesis treats of a avaliation of a laboral gimnastics program of a electrical energy enterprise from Rio Grande do Norte. The leading aim of this work is to analyse the laboral gimnastics program with emphasis on functional performing and personal changes of staff of different categories. The work shows two divisions: at first, it was carried out the bibliographic study approaching the concepts and historic about the ergonomy and the main focus of study, the laboral gimnastics , performing factors and lifestyle.The second time , it was carried out the field study where was used a questionnaire to a 160 staff population which participate of laboral gymnastics program; then the data were analysed through three statistics analyses: multivaried__ clusters, qui-quadrado and multiple linear regression. The results aim to the confirmation that the laboral gymnastics program developed two years ago on enterprise proposes to the white-collar and operational workers an improving on their functional performing and also, to the changes in some aspects of lifestyle, like the food, leisure and stress level. In conclusion, it was checked that the investiment in life quality programs offer benefits both to the staff and the enterprise which will account with good services and satisfaction of customer. Therefore, it was concluded that the laboral gymnastics while a ergonomic tool and a physical activity, it is an investiment which needs more and more to be strengthened and inserted by many segments of society

As Concepções da mobilidade e acessibilidade urbana aplicadas à implementação do ensino de física: uma interface pedagógica para sedimentação de conhecimentos

Abstract:It boards a study about the methodology applied in the classroom, with emphasis at the Physic teaching, but could be taken to the other matters of high school, mainly to that alumns with school delay and that needs a pedagogics resources to get the aproach of them to the subject showed trying to improve their learnship. The study was developed through the bibliographic research methodology, associated to the induce resource that allows to evaluate the methods of teaching praticed actually at High Schools, as the private as the public, to give to the teachers the resources that should change the dificulties of learning with prejudice the classmates performances. The results reacheds demonstrated that is perfectly possible to augment the physic teaching body, taking in consideration the expansion of the profit at the teaching­learnig procces, besides having allowed to shows that this methodology porpouse could be takes to others subjects of the High School to became this phase of school more suitable to the necessities of society. It concludes that the brazilian Education could receive a lot of augments, from the professional criativity on always that inside the classroom, really close of the problems showed by the classmates about learning collecting

A educação permanente em saúde na ótica dos cirurgiões dentistas

This study aimed to examine the perception of dentist-surgeon about the Permanent Education in Health (PEH). It is characterized as a qualitative research with focus in the field of public health policies. It refers specifically to the development of Permanent Education policy in Health in the state of Rio Grande do Norte. They were participants of this research 42 dentist surgeons and 83.3% females and 16.7% males, participants in Specialization courses approved and agreed by the Permanent Education Center in Health (PEC-RN) in the period 2005 to 2007. These professionals are part of the Family Health Strategy (FHS), and 11.9% work in management at the central level and 88.1% are directly related to oral health care in the Basic Health Units of the Family, 30 cities in the state. Data collection was through a questionnaire, with questions that guided the research development and achieve the objectives proposed. The socio-demographic data were analyzed using the descriptive statistics and subjective content was subjected to content analysis by Bardin. The emerging categories from the textual material generated by respondents were: program content, methodological approach and concepts of Permanent Education in Health. The subjects surveyed reported that the program content is more comprehensive and directs to the reflection of everyday practices, with regard to the methodological approach, concern that occurs through discussion and reflection with dynamic, participative, varied and constructive activities, questioning and putting as the main focus. As for understanding of the concepts of the PEH, there was a consensus that define as education stable strategies which contributing to transform and improve the health workers to have the upgrade, improvement of practices, being based on everyday experience and taking into account the accumulation and renewal of these experiences. Therefore, results presented showed that there is a clear understanding of the subjects on the proposals and guidelines of the PEH. It was concluded that lack continuous access to the policies proposed by Ministry of Health involving health workers, managers, communities, through social control and the teaching-service integration and that they are worked within the health system and can classify all these segments of society favor the existence of a more participatory, effective, fair and better quality health service

Projetos políticos pedagógicos dos cursos de Odontologia do RN : formação profissional e a perspectiva da atenção à terceira idade

Brazil has been undergoing major demographic change.According to IBGE, the next 20 years the country's elderly population may reach over 30 million people. This tariff provides specifics regarding the process of health / disease. It is essential that higher education institutions are committed to this demand in view of the integrated training of health needs of society. The aim of this study is to analyze the Pedagogical Political Projects (PPP) of courses in dentistry in Rio Grande do Norte (RN), according to the national curriculum guidelines (DCNS) and training from the perspective of health care for the elderly. This is an exploratory study with a qualitative approach: with records and interviews. The study subjects were an Assistant Professor in the development of PPPs for each institution. The scenario in this study were dental training institutions in the newborns. Initially, the analysis of the PPP was by using the Alceste 4.9 software. The interpretation of the contents of interviews with teachers was done through content analysis of Bardin (2010). The PPPs are based on the DCNS, meet the characteristics of regional and seek a generalist, but still strongly directed to technical and scientific aspects of professional practice. Efforts and institutional approaches, involving teachers and students of the courses are being mobilized for training with more articulated network of health services. However, the emphasis on content pertaining to the health care of the elderly, is still limited when compared to those targeted content inherent in children and adolescents in all three curricular structures. It is reasonable to conclude that the historical, political, scientific, cultural and social, present in society, influence the formation of the dental professional RN. The greater participation of society in the process of vocational training in dentistry is needed. This can be done from the involvement of universities with health councils, bodies representing the dental profession and other segments of civil society in order to induce changes that generate ideas and educational practices integrative and interdisciplinary, with emphasis on continuing education for teachers, servants, employees and students. Containing conduct this process inherent flexibility of curriculum, teaching-service integration and coordination abilities and professional skills that are essential to understanding the human being and its complexities

Exploração sexual comercial de crianças e adolescentes : o estado da arte nas produções acadêmicas em psicologia

The Commercial Sexual Exploitation of Children and Adolescents (ESCCA) is a phenomenon that has been given priority in public policy agenda of many democratic governments of Western countries and civil sectors of society, besides the object of studies in different fields of knowledge. Psychology is among these areas and is considered one of the references in the construction of knowledge and actions to confront the phenomenon. However, the epistemological foundations of psychological science are quite different, and so, several are his speeches, knowledge produced and ways of conceiving man and the world. This is evident in the publications of psychology on ESCCA. This work aims to achieve a state of the art of psychology publication in Brazil (in the post-graduation - through theses and dissertations - and journals) on the Commercial Sexual Exploitation of Children and Adolescents. More specifically try to evidence (a) what conceptions of commercial sexual exploitation of children and adolescents the authors lists, (b) what are aimed at research and publications, (c) how the research and issues are justified, and (d) that theoretical approaches the authors are affiliated and methodological possibilities are applied to range the aim proposed in their work. In order to do so, a survey was conducted in the major index sites (eg, BVS-Psi, Capes, theses and dissertations database of university libraries) of the material, covering the period 1990 to 2007. Through research on these sites, we built a database, including information relating to the work sought from specific descriptors for studies in the area of victimization of children and adolescents, with reference to a list provided by Faleiros (2000). After reading the summary of the work, the number of recovered 25 productions was reached - including theses, dissertations and articles. For analysis of the material used in the analysis of thematic content. Two axes themes were established in order to guide the analysis: conceptual elements of commercial sexual exploitation, and theoretical and methodological strategies employed. The axes have as reference for analysis a chapter built on the concept of commercial sexual exploitation, so that all analysis is anchored on it. The analysis points to the existence, still strong, conceptual and terminological confusion about ESCCA. Few studies have not demonstrated this confusion, maintaining a consistent theoretical approach. In relation to the theoretical and methodological strategies, there is a great diversity of approaches in psychology surrounding the phenomenon of ESCCA, enriching levels of understanding and action. This diversity reflects a constitutive heterogeneity of psychological science. We emphasize the perspective of socio-historical psychology, most frequently among the publications. It is hoped that this research will help advance the qualitative approach to ESCCA, especially in the field of psychology, as well as contribute to new research in the area and construction of new means of addressing this human rights violation

Serviço Social e terceiro setor: considerações sobre as atuais relações e condições de trabalho para o Assistente Social em Natal

The present study analyses the actual relations and work conditions found in the third sector in Natal city, in the context of productive restoration and increasingly retraction from the State in providing Social Service before the new approach that has been destined to the social issue. The study talks about the work of the social worker when fighting the different expressions the social issue has, such as social service provision as a way of teamwork associated to work relations and conditions, to accessible resources and quality control management. These are elements that affect and interfere in the accomplishment and in the work of the social worker itself. The State s improvement, according to neoliberal-political precepts and increasingly retraction from the public investment in the areas of social concern (health, social welfare, assistance) and in the wage and employment policy, besides expanding the partnership with the public and private areas, in search for social services with quality, it has diversified the structures of the professional work with the growth of the so called third sector institutions. However, the absorption of the social workers by the third sector groups in general, has as major features the impoverishment of work relations, the maintenance of an unequal salary model, pointing out the deadline contracts and/or single tasks that generate work instability. The research debates, with a critical view and full perspective, over the conception of the third sector, interpreted as an action that expresses functions and values, treated as a real phenomenon generated from the restoration of the capital based on neoliberal principles. This study aims for responding what the established work relations are and under what work conditions the social worker has been fitting in the third sector and how such a reality echoes in the current work conditions for a social work in the city of Natal, before this new model of state intervention that transfers part of the social service provision to distinctive divisions of society, among them the so called third sector. The research results have shown that like the other workers the social worker passes through the same crises, dilemmas, advances and challenges that occur in the world of employment and which are expressed in the drop of salary average in the growth of contemporary contracts, unemployment, and in the ever more selective requirements to one be included in the social spaces, where the professional work is done, having as a result a greater impoverishment of work relations and conditions as well as more vulnerability as a salaried occupation