O princípio da vedação ao retrocesso social e o papel dos poderes públicos na efetivação dos direitos fundamentais sociais

The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

Da jurisdição constitucional: uma análise da concretização dos direitos fundamentais à luz da hermenêutica constitucional

Trabalho sobre a concretização dos direitos fundamentais pela jurisdição constitucional, mostrando a importância da interpretação da Constituição para a obtenção da eficácia de tais direitos. Desenvolve-se a pesquisa a partir da explicação histórica sobre o constitucionalismo moderno, que implantou o Estado Liberal de Direito e as constituições escritas, e no qual encontra a jurisdição constitucional o seu embasamento cultural e a sua justificação histórica. Verifica-se que a origem da jurisdição constitucional assenta-se no controle da constitucionalidade das leis e atos normativos do poder público, fundado no princípio da supremacia da Constituição. Destaca-se o realce dado pela teoria material da Constituição à normatividade dos princípios constitucionais, tecendo considerações em torno da classificação das normas constitucionais em regras e princípios. Remarca o trabalho que o controle da constitucionalidade pode ser formal ou material, apresentando esta última modalidade uma conotação acentuadamente política, já que, por ele, a aferição da compatibilidade da norma infraconstitucional é feita com o conteúdo material da Constituição. A função primacial da jurisdição constitucional é tutelar os direitos fundamentais, especialmente os das minorias sociais. Tal função sobreleva-se até mesmo contra textos legislativos produzidos por maiorias eventuais, pois o princípio da supremacia da Constituição prevalece sobre a regra da maioria vigente nos regimes democráticos. Comprova-se que a concepção substancialista, adotada para definir os contornos funcionais da jurisdição constitucional, propõe uma maior intervenção desta na apreciação dos casos que lhe são submetidos. Salienta-se que, no Estado Democrático de Direito, derivado da aglutinação do Estado Liberal com o Estado Social e acrescida de um elemento novo voltado à transformação da realidade social, a jurisdição constitucional passa a levar em conta, com mais atenção e destaque, os princípios constitucionais e a sincronia do ordenamento constitucional com a sociedade por ele ordenada. Realça também o estudo que a atuação da jurisdição constitucional, segundo a ideologia democrática defendida pelo Estado Democrático de Direito, tem logrado obter uma sociedade mais justa, e que a comprovação histórica é francamente favorável ao seu ativismo judicial. Os direitos fundamentais dificilmente se dissociam da democracia, que lhes garante a eficácia pela limitação e visibilidade do exercício do poder, traços políticos que constituem a nota típica dos regimes democráticos. Mesmo que os direitos fundamentais tenham tido um caráter pré-estatal como preconizado pelo jusnaturalismo, são eles normas, e não valores, pois tão logo sejam positivados pela Constituição eles se tornam direitos vigentes. Assevera a pesquisa que os métodos concretistas de interpretação constitucional mostram-se mais adequados à obtenção da eficácia da Constituição, pela importância que os elementos objetivos, relacionados com o contexto material da norma, assumem no seu processo de aplicação e interpretação. Conclui-se ser essencial que os operadores e estudiosos do Direito se conscientizem de que a interpretação constitucional deve assumir uma feição principiológica e concretista, de modo a ser obtida a máxima eficácia possível das normas constitucionais, especialmente as de direitos fundamentais, acentuando-se mais a necessidade de um Tribunal Constitucional, cuja criação no Brasil constitui ainda tema polêmico entre os doutrinadores

Fiscalização difusa da constitucionalidade e o incidente de argüição de inconstitucionalidade

The present work consists of studying to diffuse control of constitutionality in Brazil, with emphasis in a procedural alternative to the evolution of that model: the incident to challenge of unconstitutionality. Starting from the discussion about the new role of constitutional jurisdiction in peripheral countries and in the globalized society, without forgetting to face inevitable doubts about its legitimacy before other powers of the State, the Brazilian control of constitutionality is revealed, under a diffuse, non-dichotomical view, through a number of inconsistencies and misunderstandings, that compromise social peace, the credibility of democratic institutions and the supremacy of juridical security. In order to achieve the goal, the study in course discussed the main difficulties of the Brazilian mixed model of constitutionality control, as well as, directing its view to the incident of challenge of unconstitutionality, which the most adequate forms to assure its appropriateness, legitimacy, processing and decisory effects are. Is was essential, in this point of view, to establish the difference between the incident of challenge of unconstitutionality conceived in article of the Brazilian Federal Constitution and the incident of challenge of unconstitutionality such as it is known in the European models. The insertion of the incident of challenge of unconstitutionality based on European models in the Brazilian control system, without jeopardizing the North-American essence the Brazilian constitutional history presents since 1981, is the hypothesis that is presented as an improvement of constitutional protection

A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

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

Efetividade dos direitos trabalhistas e os princípios constitucionais concretizadores da proteção laboral

The Brazilian Constitution aims to regularize the broadest possible the fundamental grounded in the value and supreme principle of human dignity, supporting a Democratic State of Law, to essentially give basic rights to all for a dignified existence. As the result of a historical development, fundamental rights incorporated by legal order represents a real reaction against acts that ignored the dignity of each person in one of these scenarios, especially inserted into the labor relationship, the principle of protection comes to balance and compose such relationship between employers and workers, raising this principle as axiological essence of this subject, based especially on the protection and guarantee of fundamental rights of the worker. For this study, was developed a literature research using books, legislation, legal websites and articles related to the subject, in order to analyze the principle of protection insert in the legal order, properly authoritative on the principle of equality, the social value of the work of human dignity to confer protection to the most vulnerable and admittedly weak of the labor relationship in order to serve the specific regulations legal practical tools and effective protection, against the employer hierarchical power and steering that can not change into abuses and attacks on the fundamental rights of the worker. In conclusion, is not enough, recognizing the vulnerability of the worker, it is necessary to carry out protective legal instruments in line with the the human dignity, consectário logical fundamental rights of workers, to be held in a proportional manner and sometimes flexible, depending on the case. Protection has a beginning and end to ensure that the human dignity that must presuppose a working relationship achieved by orderly and normative power of constitutional norms, with the aim of designing that labor is not an end in itself, but a means to the achievement of the economic advancement by promoting social development and providing necessary support for the increasingly marked impairment of fundamental rights of the worker

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

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

A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

Ideais formativos de homem da emissora de Educação Rural de Caicó (Rio Grande do Norte, 1963-1978)

Under the aegis of the third diocese bishop of Caicó, Dom Manuel Tavares de Araújo, the Broadcasting Station of Rural Education of that city was founded, in May 1 s" 1963 with the ideal of being then an educational city, preferentially for youths and adults, rural meu and women of the arca of Seridó in Rio Grande do Norte state. In the year of its 40th birthday (2003), we began the investigation of that radio station choosing as study object its educational and formative programming, in the inc1usion of the first fifteen years of its existence (1963-1978), period that reaches the official inauguration of the Radio Station and the end of the bishopric of its fOllllder as Bishop of Caicó. Elucidating and showing Man's formative ideaIs longed by that Catholic educational broadcasting station, underlying to its radiophonic programming, such as the idealization for it reached, is the objective of this Doctorate work. It was considered pertinent to discover the guidelines that historically have permeated the Social Doçtrine of the Catholic Church addressing its aggiornamento, especially in what concerns to the employment of the modern ways of communication for the distance with the aim of evangelizing and educating. In arder to understand the ideaIs of the investigated educational Radio, we have delimited the research to the thematic Catholic Church, means of social communication and base education. In face of the study object and the aim to be reached it was appealed, methodologically, to the notion of cultural action present in Certeau (1995), and to the understanding of educational formation backgrounded fIam the modern thinkers that discuss it. Such frame references have allowed us to analyze in a wider spectrum tl)e programming broadcasted on the air by the sound wavys of that educ(itional Çatholic Radio, as well as, the very acts of cultural idealizations that has orientated it in its foundations. The thesis here defended is that. the Radio, at procJaiming itself as a broadcasting station of rural education directed preferably to the rural sertanejo countrymen, without neglecting its admitted ends, has surpassed them in its overall range. It was identified an articulate approach of its programmatic modules with the guid,elines emanateq from the Catholic Teaching about the use of the. means of social communication. At conceiving, establishin,g and executing an ec1ectic programmatic and div,ersified grating, the Rural Radio of Caicó has transcended to a strict human-Christian formation to request the development of the human, spiritual and cQrporaldimensions, jointly. With suchprogramming, it addressed to the seridoenses as real meu and women inserted in the "sertanej.o" environment with effective structural and existential problems of alI types, induding the hunger, the thirst, the syndical organization, the cQoperativism, the colIective modero work and the absence of universalizing school education. Its radiophonic transmissions, I}lled by the demands of an enlarged, open, dialogic and responsible communication, wheneIllbracing dedicated modules to religious and catechetical emissions, to the entertainment, to the radiojoumalism, to the country root culture, and to the school education of b se for the modality of the School and of the radiophonic classes, subsumed to ideaIs that longed for the formation of a multifaceted and pluridimensional sertanejo Man; of men and women that, without abjuring the Catholicism, were able to understand, to dialogued and to live together with the general demands of a society in progressive mutation, whose economical, social, cultural and educational demands it IDade themselves to be felt through the sertão potiguar of the Serido region, equal way of the intemationalized world

Serviço social na educação: saberes e competências necessárias no fazer profissional

The Theory analyzes what should know and what competes, formally, to the Professional of Social Service to act in the School Education. He/she investigates, starting from studies on the theme, and close to Council Federal and Regional of Social Service, and of the Brazilian Association of Studies and Researches in Social Service, that you know and competences are necessary for the social worker performance in that specific area. Through a research of nature empiric, bibliographical and documental, the analysis focus outlines the glance and the understanding of the professionals' category that represent the defense organs, fiscalization and formation of the profession. The importance of the scientific study is justified for the social worker necessary contribution acting in the School Education, whose political and pedagogic context presents multiple demands, you know and relationships, and when it is lived a social and education picture at the present time with order words in formation, as inclusion, empowerment, competence, that they demand other specialists in the school scenery to work with the varied expressions of the social subject. Since the years 1930 the social worker acts in the area of the Education, with an originating from knowledge the human and social areas that you/he/she makes possible him/it to contribute, undisciplinement, close to the pedagogic team of the School Education. The clarity of the you know and of the necessary competences to intervene in that field of specific work makes possible the legitimation of the identity, of the social worker professionalization and the formalization of his/her practice. The Theory ends that the profissionality and the social worker professionalism is built and it is recognized in the area of the Education starting from the knowledge of the you know and pertinent competences to intervene in that context, beginning that knowledge on the part of the category of the Social Service and of the formation organs and representation of the profession so that the school community - administration and pedagogic coordination, teachers and students - he understands and recognize the social worker necessary intervention in that field. The formalization of those you know and competences are built starting from actions and thought mobilizations and operation in the group of the category, and not for isolated actions and individualized. It is revealed, in the opinion of the ones that represent Regional Council of Social Service, a wide vision of the social worker in that space exercising, among other, functions that don't compete to the professional's profile or restricted to actions and techniques historically exercised in their work fields. A new profile of the professional of the Social Service that it acts in the School Education is possible when his/her action is visualized centered not just in the work with the family, but, doing of the school a proposition space and execution of programs, projects, studies and social researches. He intends, an action politics and of popularization on them know and the social worker competences in the School Education

Representação social do ensinar: a dimensão pedagógica do habitus professoral

Teaching is an activity inherent to the human condition. Historically, from the institutionalization of education, the key role to pursue that activity has been attributed to the teacher, who is required to adapt to the demands of each historical conjuncture. Currently, according to the new paradigmatic requirements, the teacher must possess various skills in order to handle the complex and challenging act of teaching. Assuming the existence of a gap between what the State and the scientific discourse recommend the teacher act upon in the classroom, a decision was made to identify the configuration and structure of social representation in the act of teaching, put forth by elementary school teachers in the public schools of Natal, RN, Brazil. Therefore, the research relied on the theoretical model developed by Domingos Sobrinho (1998, 2000, 2003), which articulates the praxeology of Pierre Bourdieu with the theory of social representations of Serge Moscovici (1978). It was intended to demonstrate how teachers habitus, in its due historical context, directs the construction of social representations in the act of teaching which guides the actions of the teacher, particularly in the classroom context. At the methodological level, the following methods and techniques were used: bibliographic and documentary review in order to identify the scientific discourse on the subject matter and the official parameters of educational regulation and the act of teaching; the Procedure of Multiple Classifications PMC in order to capture the configuration and structure of the representational content in focus, the direct observation of the classroom to identify in actual terms the social representation as "guide to action" as the theory preaches. From the standpoint of the analysis, quantitative data were analysed through Multidimensional Scaling MDS, covering in this study the Multidimensional Scale Analysis MSA and Smallest Space Analysis SSA; and non-parametric statiscal techniques. Additional data of qualitative value had to undergo categorical content analysis. It was then concluded that the teachers investigated guided themselves by social representation, the product of collectively constructed and shared assumptions about the act of teaching, forming a synthesis of different sources of information and knowledge acquirement, involving elements of common sense, religious habitus, pedagogic models considered outdated, the agencies responsible for teacher training and the hegemonic discourse about education today

Nestor lima e a modernização conservadora da gestão educacional no Rio Grande do Norte entre 1924-1928

This study attempts to investigate the school administration in the Department of Education of Rio Grande de Norte, in the period 1924 to 1928, in the context of conservative modernization in its management, implemented by Nestor Lima dos Santos. Addresses the trends of administrative Nestor Santos Lima and sequence of these variables so that we can correlate and monitor the development of various economic, social, cultural and political, to show how influenced and even determined the direction of education, not only the state of RN, but throughout the country. For this purpose, it is the recapitulation of the history of life, experiences of work and travel reports of this important figure, including administrative concepts, aiming to identify the school administration, introduced by him in the 1920s, as those who received influence of characters that included the social and historical context of the time, reconstituting the ways following the education. It was developed by Nestor shares in Lima on the administration of public schools, their way of management, and can see how was the process of modernization of education in Rio Grande do Norte state and how it followed the rapid changes, experienced by Brazil, during this period. Show up on the design aspects of modernizing Nestor Lima in the Department of Education, the Director General of Administrative Acts, the internal record of school groups, Isolated Schools, Schools rudimentary and the newly created Board of Education, highlighting the Internal Rules of Council but the General Regulations of the Department of Education. This work also highlights the proposed administrative Nestor of Lima, while educational model of an operating system of the organization, training and education, which is present in the area of production of discourse, through body practice, characteristic of the record established levels of policy development and implementation of educational instruction in all state. Key-words: school administration. Conservative modernization. Public Education

Em nome da república: escolas e tradições modernas

Our research aims to analyze some institutions of primary education in so-called First Republic in Natal/RN, when they were considered high standard institutions on training, dissemination and creation of national identity and republican traditions. Thus, we investigated to try to understand the creation of the new man and the invention of new traditions to confirm the status of republican modernity in two schools in Natal, the Colegio Americano, a private one, and a standard model of school, Augusto Severo, which is a public one. As a basis we have the history of institutions to analyze, paying close attention to consider the use of imitation in cultural patrimony as well as the use of strategies to distinguish. The concept of ownership follows, for present purposes, their focus of study on observation of diverse and contrasting use of these cultural objects, texts, readings and ideas from research institutions. For analysis of the link which occurs within the school environment, in every period of its history, we used the concept of school culture as a set of rules and practices which define knowledge to teach and conduct the introject. A culture that incorporates the school to keep a set with other religious cultures, political and popular of its time and space. In this sense, the educational institutions which we studied while showing what kind of in this work by preparing cultures, codes, different practices, and specific individuals they have, they were in important locations to provide modern cultural appropriation as a strategy for educational innovation and a factor of rationality and efficiency which could be observed and controlled, so gradually the modern school education was organized to produce its own society. As a challenge of affirmation and incorporating diverse social experiences to produce the modern, civilized man of the Republican time, the school, as part of the social life, which is singular in its practices, not only the set of reforms, decrees, laws and projects, but also as expressions of concept about life and society in terms of material, symbolic and cultural symbols in the social context in modernization. We focused on these two schools, because inside the wide cultural and material status of the city, they were the first republic schools which had the goal of having men and woman together culturally , with a view to adapting them to the modern movement to make them civilized / educated / rational . On this view, we would emphasize that this statement needs a reinvention as a new way through what is made at the schools which production of new spaces, practices, rites and what represents school, making and expressing a new identity, modern, different of the old symbols of the Empire. For this, nothing better than the organization of schooling, emphasizing on educating the individual and his/her responsibilities with the order and progress. We need to understand the past as a result of conflicts, including strengths and limitations within the historical and social context, and the invention of tradition as a process of formalization and ritualization of acts which want to perpetuate, as a reference to a group identity. These are practices and social educative representations which support the understanding of pedagogical and educational ideas at this historical moment, making a new way of being and doing in the Republican universe

Custo social de oportunidade na trajetória de acesso ao ensino superior: o caso dos ingressantes na UFRN nos vestibulares de 2006 a 2010

Access is a problem of higher education in Brazil that has existed since the formalization of this has occurred since the installation of the Portuguese court in Brazil in 1808. Only 10% of young people between 18 and 24 years of age attending this level of education in 2000, arriving in 2010 just 15%, far from that determined the National Education Plan in 2001, triple that percentage by the year 2010. In addition, a majority of seats of public HEIs is populated by students from the private network, especially in high-demand courses. In this context, this study aims to identify the costs related to the trajectories of students who were successful in the vestibular UFRN editions from 2006 to 2010. Presents an overview of higher education in Brazil, a brief history of vestibular, as well as new forms of access, and some of the policies to expand such access, highlighting the argument Inclusion UFRN. Focusing on the theme of the paper presents the concepts of opportunity costs and social. After collecting data through a questionnaire and consultation of databases COMPERVE was developed to search for a descriptive and analytical, with the participation of 3,995 students, of whom 1642 (41.1%) had completed secondary education in schools public, and 2,078 (52%) in private schools. The profile indicates that 90% are single, about 50% are 21 years of age, are white and female. In the course of preparation for college entrance exams, 80% chose the course during or after completion of the last year of high school, and almost 70% said they had started preparing at that time. Findings related to the costs involved with this preparation indicate that, in most cases there were school fees and disbursements and workshops, and the purchase of books and other materials, with parents primarily responsible for this cost, the amount disbursed each month was up $ 300 for 64% of respondents and only 7% of them exceeded $ 1,000, the major non-financial costs were characterized by the following resignations: job opportunities (24%) or temporary work (20%) courses of languages (26%), leisure activities (48%), leisure travel (43%), and parties and / or shows (54%). Of social investments by the government, stand out in the tax waiver scholarships for study in private institutions, grant exemption from the registration fee of vestibular, the preparatory courses UFRN, and seminars by COMPERVE / UFRN with networks of high school. From the junction of the opportunity costs (private costs) and social costs (public costs), a new concept: the social opportunity cost, which measures the combined efforts of families and government to finance the opportunity to access higher education of an individual. This concept can and should be incorporated as a strategic vector for the sake of democratic university, which reflects the social model that is sought

Atuação da escola frente à violência: estudo comparativo entre duas instituiçoes de ensino

It is a descriptive, exploratory study, quantitative comparative approach, whose general objective was to analyze the violence at school in a comparative way in the context of two schools in Natal / RN. The specifics were to identify the types of manifestations of violence in the contexts of public and private schools, to identify the position of the leadership, teachers and school staff during and after the occurrence of manifestations of violence in the school environment, to identify measures to prevent violence within of schools. The results show that 68 of the 121 participants (56.20%) were female and 53 (43.80%) were male, 38 (31.40%) were between 40 and 49, 85 (70.2%) lived in the south of Natal (RN), 46 (38.02%) specialization, 68 (56.20%) were Catholic, 63 (52.07%) married, 41 (33.88%) received between 03 and 05 and 68 minimum wages (56.20%) were teachers, 51 (42.15%) 02 employees (01,65%) and directors, 46 (38.02%) providers had between 05 and 14 years and 11 months experience in teaching 70 (57.85%) less than five years in the job, 68 (56.20%) worked between 20 hours and 40 hours per week, 81 (16.30%) worked in the 9th grade of elementary school II. As for the sizing of violence, 111 (91.74%) respondents witnessed episodes of this event who work in the institution, 100 (82.64%) witnessed verbal violence, 87 (71.90%) called for parents when some event happenedviolent that it caused injury to students, 66 (54.55%) believed that family violence is the main reason for young people practiced bullying, 44 (38.98%) reported daily episodes of bullying, 64 (52.89% ) the event happens in the courtyard. Of the 37 victims of violence at school, 22 (59.45%) suffered verbal abuse, 18 (48.65%) experienced violence once a week, 36 (97.30%) were attacked by students, 104 (85.95 %) are able to differentiate the bad acts of bullying behavior, 28 (23.14%) separated the involved coordination and communicated verbally, 23 (19.00%) stated that the coordination of schools talked with parents about the aggressive behavior of the student. Regarding the actions taken to minimize bullying, 69 (57.02%) participated in any professional education process, 47 (38.84%) was the educational process at another institution, 49 (71.01%) took courses lasting 12 to 24 hours, 59 (48.76%) stated that interaction with parents and family was the most stimulated by the school to try to minimize and prevent the event and 116 (95.87%) participated in meetings at the institutions surveyed , 58 (50.00%) responded that the meetings took place every two months and 121 (100.00%) reported having no refresher course on school violence in the schools surveyed. We conclude that violence in schools has been expressed in any social class and that professionals are poorly prepared to deal with the situation. So we hope that education professionals through the reading of our study may realize that school violence takes place in any institution affecting the lives of all who make up the educational universe. It is extremely important that these professionals always seek to empower through knowledge so that they can develop strategies to prevent and minimize the bullying to change the reality of the workplace