O desenvolvimento sustentável na ordem constitucional e sua promoção através do planejamento urbano

The man, being subject and object of their changes, has passed by many process to find a better life way. Since your existence, he finds to live in groups for make easy your life and make concrete yours desires. All by history, when the individual´s rights was establishment, collectives and lonely way, contribute for evaluate the relationship between individuals and they own, and them and state, which has a duty to those, positive or negative, depending on the case. The circle of fundamentals rights has been sustainable development and the concept of growth economy associated to the environment protection. This association reflect a apparent conflict between values very distinct, but the constitutional interpretation can be reunite both of them and make it live in harmony; values of environmental order and economical order can be exist together, as long as the state contribute to this. On the city, where the most of relationships happening, the urban plan appear how a effective way of sustainable development, finding the harmony between the growth economy and environment protection. To effective the socials functions of the city (inhabit, circulate, work and entertainment) and the citizen´s life quality, the city is the scenery that show how the urban plan, across established previously legal instruments, like the governmental public politics, to effective the right to development, right of third generation. The director plan how effective tool for local needs - obligation defined by Citizen Statute that contribute for the program linked defined by the urban plan. The state´s intervention on the private sector of citizen, and the restriction on their rights are be justified by the collective´s rights and their quality of life. So, in front the urban scenery has been the plan to make social functions of city, the healthy way of life, which is the sustainable development

Os conflitos de competência normativa do estado regulador brasileiro no setor administrado pela ANP

The dissertation has by objective describe the administrative activity of regulation exercised by independent regulatory agencies, observing that this activity was already done before this structures creation, however, after a really deep administrative reform that had as objective built a Public Administration with more efficiency, it passed to be done with some own peculiarities of these new structures of regulation. The work gave especial attention to what concern the conflicts of normative competency that really often happen between ANP (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis) and the legislatives organs of the Republic Federative of Brazil, because energetic area has unbelievable mater to any country, and the fact of some juridical norm be against the law and be accepted is very dangerous, it affronts the constitutional principle of the legality e may put in risk the democratic Estate of law, them, regulatory dogmatic must be scientifically knows, and developed, thought and especially there are so many doctrinaires divergences about regulation constitutionality. As a theorist point, the investigation got the Logical nocontradiction principle, according Hans Kelsen and Lourival Vilanova thought, doing a philosophical reflection about the system of positive law, in which there are many antinomies, or conflicts of norms, what include the conflicts of the administrative acts expedited by ANP and the legislation of the brazilian regulatory Estate. For a better understanding and exemplify some perplexities treated by the doctrinaire angle, this work did a lucubration about a possibility of a normative conflict between a ANP resolution and the municipal legislation in a specific case, also, brought several jurisprudences for the brazilians courts of justice, that confirm the empiric existence of normative conflicts among ANP s administrative norms and federal legislation. Finally, concludes observing that the regulation is not a legislative competency delegation to regulatory agencies, is just a new exercise of the administrative function, it is a technical specialization of the public administration, that using this know-how can acting with more efficiency, however the normative power of regulatory agencies must respect the empire of law, so in this terms, the dissertation suggests the ponderation of the constitutionals principles of efficiency and legality how form to harmonizing the democratic legitimate inherent to legal norm supremacy, with the perspective of an efficient economic and institutional development

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

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

A constitucionalização da solução pacífica de conflitos na ordem jurídica de 1988

In the Brazilian legal context, conflict resolution is studied and analyzed over a majority jurisdictional view, which is one of the reasons of litigation culture that creates a jurisdictional resolution hopeness. The practical impact of such reality is the loss of quality in the public service of the judicial function, moved, as a rule, by the overcrowdings, slowness of legal procedures and the relegation of peaceful resolution methods to peripheral plan. However, the Federal Constitution of 1988, following the Ordinary Law constitutionalization phenomenon provides specific guidance about the values towards the litigation resolution. The study, therefore, aims to approach the constitutionalization of conflict resolution in order to identify, through scientific and spiritual interpretation in conjunction with the systematic paradigm, what are these values, as well as operation and legal representation and practice of these measurements. In this sense, the thesis is to study the initial point of the analysis of conflict theories and explanations about the culture of litigation matched with concepts of creation and interpretation, constitutionalization, access to justice and social pacification public policies. It is used for this purpose, the logical-deductive method with the aid of the dialectic immanent in Law

O licenciamento ambiental pelos municípios: uma análise sobre o federalismo cooperativo adotado pela Constituição Federal

In complex federal systems as that found in Brazil, which provides simultaneous attributions to of the Union, States and Cities in many aspects, the definition of performance limits of each of these entities, in procedural or material aspect, generates many (positive and/or negative) competence conflicts, bringing insecurity to general administered. Environmental licensing is one of the most important instruments of environmental management, seeking the realization of the fundamental right to an ecologically balanced and sustainable development. Despite its importance, the environmental licensing has not been more effective due the conflict related to the authority to regulate regardind environmental law. This essay will analyze the structure of competence distribution for conducting the environmental licensing processes, the conflict between laws, the performance of the municipal environmental agencies, the cooperation between the licensing agencies and the future about the additional regulatory law of article 23 of Federal Constitution

Mediação como instrumento de desjudicialização das questões familiares: constitucionalização do Direito de Família

The Liberal Constitutionalism emerged from the late eighteenth century, a period of major revolutions (French and American), fruit of the struggle for libertarian rights. Although the time of the first written constitutions, these were linked to mere political letters, did not provide for fundamental human rights, as it is, so only on the state organization, structure of powers, division of powers of the state and some relations between state and individuals. There was a clear division between the civil codes and constitutions, those governing private relations and acted as barriers to non-state intervention. After the Second World War, the constitutions are no longer Letters political order to establish how the human person, in order to enshrine the fundamental rights, the primacy of constitutional principles and take their normative function against ordinary legislator. Constitutional evolution gave the name of contemporary constitutionalism, based on repersonalization or despatrimonialização of Private Law, ceasing the separation of legislative civil codes and constitutions, in favor of the protection of fundamental rights of the human person. And this tendency to the Brazilian Federal Constitution of 1988 brought higher ground the dignity of the human person, the epicenter axiological legal to govern private relations, including family law. The constitutionalization of family law motivates the adoption of desjudicialização family issues, so as to respect the direio intimacy, privacy, private autonomy and access to justice. Conflictual family relationships require special treatment, given the diversity and dynamism of their new compositions. The break in the family relationship is guided in varied feelings among its members in order to hinder an end harmonic. Thus, the judiciary, through performances impositive, not to honor the power of decision of the parties, as also on the structural problems faced to operate on these cases, the environment is not the most appropriate to offer answers to the end of family quarrels. Situation that causes future demands on the dissatisfaction of the parties with the result. Before the development of the Family Law comes the need to adopt legal institutions, which monitor the socio-cultural, and that promote an effective assistance to people involved in this kind of conflict. In obedience to the private autonomy, before manifestations of volunteers involved in family mediation, among autocompositivos instruments of conflict resolution, is indicated as the most shaped the treatment of family quarrels. Remaining, then the state a minimal intervention to prevent excessive intrusion into private life and personal privacy

Justiça restaurativa no sistema penal e processual penal como forma de concretização do estado democrático constitucional

Diante do atual modelo penal e processual penal não atender aos reclamos das partes interessadas, gerando um descrédito na Justiça de um modo geral, surge a Justiça Restaurativa como uma alternativa para solucionar tais problemas e como elemento de concretização do Estado Democrático Constitucional. A Constituição Federal de 1988 representa o símbolo maior do processo de democratização e de constitucionalização nacional. O Princípio da Dignidade da Pessoa contida no texto constitucional consiste num dos principais fundamentos da República Federativa do Brasil, funcionando como respaldo aos direitos e garantias fundamentais do cidadão, sobretudo na seara criminal. A partir do processo de constitucionalização nacional, ocorre uma releitura das legislações infra-constitucionais, que passam a ser interpretadas de acordo com o texto constitucional. Atualmente, a conjuntura jurídico-penal pátria está associada à ideia de garantismo, ligada ao conceito de Estado Democrático Constitucional. Apresenta-se a Justiça Restaurativa como um novo modelo de Justiça Penal, mais flexível e humanizado, visando além da aplicação da pena imposta pelo Estado, superar uma situação de conflito, na busca por resultados positivos no combate e redução da criminalidade, a satisfação da vítima e a mudança da cultura de violência, compatível com as diretrizes do Estado Democrático Constitucional. A partir da análise do direito internacional e de projetos e legislações nacionais envolvendo a Justiça Restaurativa, percebe-se a eficácia das medidas restaurativas na solução de conflitos dentro do Processo Penal, além da satisfação da vítima, do infrator e de familiares na participação dos encontros restaurativos, constituindo ferramenta de satisfação da dignidade humana, dentro de uma perspectiva humanista e garantista

Universidade e educação ambiental

The society consists of the inter-relations between diverse symbolic fields of performance, where some agents if identify for values, habits and goals. The present thesis analyzed, taking for base the Theory of the Social Field of Pierre Bourdieu, the ambient field and the university, leaving of the principle that the university is one of the propitious places for the quarrel, study, knowledge elaboration, and that the ambient education is one of the ways of dissemination of knowledge and action in favor of the ambient question. It was looked to contextualize and to identify the main factors that configure the university while a social field, and to evidence the conflict and connector links with the ambientalism. It is perceived university as space of tensions, whose produced capital stock in the academic scope must be enough convincing in the direction of the social transformation, of the expansion of conscience, the critical matureness, and thus to appear as agent of social transformation. The joint between the diverse social fields, promoted for the university, will be able to contribute for knowledge formularization that can consist base for elaboration of politics and programs to answer to the problems of the society contemporary. It has the inter-relationship between the two fields, however, this relation still is fragile, needing that a continuity practical social that they make possible that the ambient question is part of the culture of the university. This will be able to give with the intensification of the actions and the inclusion of the ambient questions in the communication mechanisms and administrative management. To surpass discontinuities caused for changes of groups leading and for interests politician conjunctural are necessary that they create habitus, what passes for the institutionalization of practical and the constitution of a culture that the agents allow if to reorganize defending the interests of social transformation front to the economic interests, as much in the university how much in the ambient field

Literatura e educação :ação argumentativa na discussão de histórias

The focus of this thesis is the discussion of stories from the fairy tales genre in reading classes of Children´s Literature. Its main purpose is to investigate the argumentative action in the mediation pedagogic process.The evidence from this study is that the argumentative action is a fundamental component of teacher´s mediation as far as story discussion is concerned. The concept of mediation in this thesis comes from principles of interacionist Psychology articulated with THE theory of argumentation. It is understood that argumentative action is a process that objectives to obtain and to intensify the interlocuter´s adhesion through speech. The analysis of the story discussion activity is based on Psycholinguistic, particularly on the study of prevision ability; on the Theory of reception with special reference to the theory of the aesthetic effect, which considers the reader´s reactions and reader´s replies to the text; and on sociocognitive conflict study highlighting conflicts modalities brought up by the discussion of texts. The corpus analysed is composed by discussion episodes of stories from reading classes of Children´s Literature realized through participative observation.The subjects were children aged five-six years old from a public pre-school located in Natal-RN, Brazil. The study highlights mediation acts of argumentative nature such as direct question; illustrations from the book; rereading that were used by the teacher-researcher in story discussion. Among its conclusions it is revealed that argumentative action in stories discussion favors and intensifies the agreement of children´s to the activity. It increases the interaction between text and reader; it favours children´s organization and explicitation of their thoughts. The analysed material shows children´s exposing their ability to argue when having adequade scaffolding by an argumentative mediator the teacher

O(s) saber(es) e o(s) fazer(es) do professor formador :reflexões sobre a prática docente

This study, developed in conjunction to the Pedagogical Practice research line and the Curriculum of Post-graduation in Education Program of UFRN is about investigations on formation of professors and teaching knowledge. Its objective is to analyze fundamental concepts for lecturing and the relationship that establishes between those concepts and the practice of forming professors. We adopted as referential the principles of social-historical approach, in the context of concepts making and development (Vygotsky, Luria and Rubinstein), and of collaborative theoric-methodological approach (Jacullo-Noto, Kemmis and Ibiapina). Collaboration with professors was mediated by diary writing, collaborative observation and conceptual network creation, essential to perceiving the given meanings to concepts that sustain the practice of 06 (six) forming professors from the UFPI Pedagogy Course. Teresina Campus. This way, reflections with collaborator professors allowed to build conceptual networks, in which prominence was given to the meanings of concepts that gave sustaining to their lecturing practices in the referred course, showing a fragmentation and disarticulation between theory and forming practice. They also indicate a need to give new concepts to the meanings of teaching concepts, learning and lecturing of these professors, in a meaning of a greater understanding about those concepts for their effective practice. On the context of collaborative reflection about conceptual networks, it was evident the conflict generated between the meanings attributed by professors and the practice developed in class, pointing to the need of rethinking the articulation between theory and practice not only on the formative process developed, but also on the continual formation of forming professors and on the construction of discussing spaces and materialization of the curricular principles of the Pedagogy Course

Uma viagem aos saberes das formadoras de professores da Educação Infantil

This study aims to contribute with the professional development of the Trainers of childhood education teachers of the City Department of Education of Natal/RN, through a formation in context, trying to understand the teaching knowledge required in the practice of these professionals. The focus of the research is in teaching knowledge understood as the ideas, beliefs, conceptions, reasons, arguments, speeches that the trainers builds during his life (ALTET, 2001; PIMENTA, 2002; TARDIF, 2001; 2002). The study inserts itself in the qualitative approach of the educational research and the chosen methodology has characteristics of an inquiryaction. In the process, the following instruments had been used: questionnaires, press conferences, personal documents. The relevance of the present research is in achieving reflections concerning the role of the trainers of teachers, who needs to be seen as a mediator in the formation of teachers, in view of the fact that he interferes and is determinative in such a way in the formative process as in its results. The findings demonstrate that: a) the identity of the trainer is in a development process, what it is resembled to the effective situation of that, symbolically, the trainer exists, however, his attributions still are not enough clear; b) the teaching knowledge of the formation in the childhood education are related, among others points, primordially, to the function / role of the childhood education, child and teacher s point of view of this stage of the basic education; c) the Trainers teaching knowledge, concerning the teaching performance, ratifies the multiplicity of knowledge that the trainer must has, beyond the necessary complementarities and conciliation between the administrative and pedagogical aspects in the exercise of the function; d) the Trainers have knowledge that are according to the speech, consisting as declarative knowledge; e) there is a conflict between the teaching knowledge of the Trainers and the actions that are part of real life, generating contradictions between the formative saying and making

A banalização da injustiça social no cotidiano de trabalho : a propósito da violência no trabalho e ameaça à saúde do trabalhador

Analyzes the factors that unleash violence by banalization of the problems and health questions of workers in a federal public institution, in Natal/RN. It analyzes transformations in the world of the work, with its politic, social and economic determinatives and its relation to the worker health. Boarding the violence in the work enviroment and its implications to the worker health, focusing on the banalization of problems faced by the workers as a kind of violence in and with the work. It was chosen an analitic methodology with qualitative approach, through the collection tecnic and information analyzes according to the thematic oral history, with recorders of authorized personal narratives, through individual interview with a semi-structured guide. In the analyzis of results it were made empiric cathegories: the daily work enviroment and its influence to the worker profession and life; the violence presents in the work enviroment and its consequences to the worker life and health; the banalization of the social injustice, due to violence against the worker that broked their dreams concerned to the nursing contribution. The results revealed the ordinary work of these workers showing enviromental and organizational unhealthy conditions, caracterized by physical and tecnical insecurity; absence and disqualification of instrumental and human supplies; overload and complexity service; bad distribution of the duties and pressure to the deadline and productivity, producing tension, conflict and anxiety related to the users, colleagues, superiors and to the duties. In the work enviroment, it were identified a external violence, caracterized by physical and verbal aggresion, psychic suffering, worker depreciation; and internal, caracterized by: moral and psychological molestations and accupational structural violence. These kinds of violence bring consequences to the life, that is, professional, economic and moral order of factors and to the health by biological, mental and emocional factors. The banalization of social injustice during the daily work was discussed in the aspects of banalization of problems and work conditions, the health, qualification banalizations and professional valorization. The workers expectatives pointed out to the necessity of: secure conditions of work; trainning and tecnical assistance; politics of attention to the physical, mental and social health to the workers and their family. We conclude the enviromental and organizational conditions of the workers interviewed do not offer physical and tecnical security that they need to the execution of their activities, neither offer comfort or physical and psychological satisfactions. The politic the instituition has used points out to the depreciation and inhumanization of them producing feelings as unsatisfaction, frustation and indignation related to the institution and the work, bringing suffering and physical and mental sicking. We noticed the most terrible violence found in the work enviroment is the banalization of social injustice related do the problems and health of these workers, producing a slowly debility and simbolic death of their lifes. Therefore, it is necessary the implementation of a politic that promotes assurance, health and integral education, valorization and humanization of these workers

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.

O silenciamento no texto jornalístico e a construção social da realidade

This research analyses the silencehood use by the A República journal (Natal/RN), today not being distributed, during the Second World War. Its objective is to unveil the production condition of the news texts, and it was observed that the use of silencehood as a speech strategy with its implications that falls upon the way of behaving and thinking of the society, all that time, influencing the reader in the construction of his image of the reality. During the coverage of the conflict by the local journal it was possible to also observe different speech marks that represented the change in attitude of the Brazilian Government, responsible for the control of what was spread as news. The country lived the dictatorship of the New State and as the war went on the government changed its speech, according to political, social and economical interest s thoughts being played, silencing themes in the name of the national security. We admit as research material journalistic texts that refer to the main facts that occurred during the six years of the world conflict and that is why we used as theoric-metodological support the Speech Analysis

Entre Millôr e Derrida: o humor enquanto experiência da alteridade e do impossível

Brazilian humorist Millôr Fernandes has a widespread work, from literature to visual arts and journalism. Yet there is the indelible mark of humor, wherever it is. In this dissertation, I propose a reading of his work by deploying French philosopher Jacques Derrida, emphasizing how the construction of the other happens. I aim at Millôr Definitivo: A Bíblia do Caos, but other works will be contemplated when necessary. In order to carry out the analysis, I will offer a general exposition of Millorian work (especially Millôr Definitivo:A Bíblia do Caos) and a general sketch of Derridian philosophy, centered on his discussion on Western philosophy, literature and alterity. At the analysis itself, I will set the methodological axis on the quasi-concept of invention. The analysis shall stress the hypothesis of humor as the experience of alterity and impossible, showing off the humorist as the totally other. In the Millorian text, that experience is characterized by conflictivity, without possibility of resolution