Democracia brasileira: fortalecimento da participação popular

A democracia tem representado ao longo da História o mais perfeito mecanismo político de convivência social, encontrando na soberania popular seu fundamento e legitimidade. De berço grego, instituiu-se sob princípios que radicavam o poder político no povo, exercido diretamente na ágora ateniense. O iluminismo dos séculos XVII e XVIII reacendeu o ideal democrático, encontrando no positivismo sua base teórica. O poder passou a ser exercido por via de representantes eleitos periodicamente. O locus da atividade política era o parlamento, ambiente fechado e refratário à participação popular, cingida, à época, ao voto do cidadão nos períodos eleitorais. O distanciamento entre governantes e governados gerou déficit de legitimidade no modelo liberal clássico, levando o constitucionalismo do século XX a abandonar o rigor formal positivista, para adotar uma nova hermenêutica, de base axiológica e centrada na participação direta do povo nas instâncias do poder. A Constituição Federal de 1988 compendiou a democracia participativa em seu texto, declarando no parágrafo único, de seu artigo 1º, que todo o poder emana do povo. Consagrou como base da soberania popular o sufrágio universal, o voto direto, secreto e de igual valor, além do plebiscito, do referendo e da iniciativa popular de leis. Garantiu ainda a ação popular como ferramenta de cidadania. A participação popular foi restringida com o advento da Lei nº 9.907/98, que impôs bloqueios processuais para seu exercício, gerando déficit de legitimidade no sistema representativo brasileiro. O propósito desse trabalho é demonstrar a necessidade de se estabelecer um novo espaço público na ordem constitucional do Brasil, de textura aberta e dialógica e de perspectiva emancipatória, que customize a participação do povo nas instâncias do poder, a partir da desburocratização dos instrumentos de soberania popular já existentes e da adoção de outros institutos democráticos semidireto, notadamente a iniciativa popular de emenda à Constituição, a revogação de mandato eletivo e o veto popular

Iniciativa popular na concretização do direito fundamental à democracia

The Participatory Democracy is disseminated throughout the Principle of Popular Sovereignty. Since it spurs the participation of the people in the exercise of political power, it emerges as a conciliatory alternative to the Representative Regime - one of questionable legitimacy in account of the distortion it causes on the will of the public. It does so specially vis-à-vis the legislative, where the law is created. It s known that our Constitution (arts. 1º e 14, CF/88) provides for the means through which the members of the public may take part in the political process of the country, for it consecrates the plebiscite, the referendum and the popular initiative, all of them incipiently regulated by the Lei nº 9.709/98. It s our task, thus, to inquire, through deductive reasoning as well as the legal exegeses, the enforceability of the Popular Initiative as a means of popular emancipation, given that it enables the citizens to conscientiously participate in the public sphere. It has also an educational ethos which builds the capacity of individual to act, and, therefore, through thoughtful choices, enhance the legal system. Furthermore, the Lei da Ficha Limpa (LC nº 135/2010) surely represents a milestone in the Brazilian political history, since it accrued from a new way of social interaction allowed by the usage of communication technology on the pursuit of political morality. As a matter of fact, this bill is a clear example of how a legal act was legitimately proposed through Public Initiative. Hence, it s beneficial to actually make use of the Public Initiative, under the influence of the New Constitutional Hermeneutics, with a view to supporting social claims and promoting a dialogical relationship with the State in order to help it in the decisionmaking process. Thereat, we can achieve important civic spaces through which the fundamental right to democracy shall be materialized, tearing apart the old paradigms of inequality and, thus, promoting social justice

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Livre expressão :para que te quero? o interesse público no ensino do Jornalismo

The main objective of this research was studying the meanings of the freedom of expression and what professors of Journalism think about the way those meanings are used in pedagogical practices. The term freedom of expression is commonly used in journalism even though it is not so studied, consequently we don t have a word to define it. Therefore, we related the term freedom of expression in Journalism teaching to the condition as the object of this study, aiming to establish a connection among the term, the right, free expression and the endurance of the right. The theorical support to understand the dynamic of the meanings of the freedom of expression in the social practice of Journalism teaching was based in the Hegeliana dialetic theorical principles and in the language philosophy more specifically in Bakhtin s perspective from which we can mention the social auditorium, immediate conditions of production and a wider social horizon as the main categories of analysis. This study is a qualitative research with an interacionist perspective anchored in a semi-structured interview as a privileged method of data collecting made with ten professors from Journalism graduation. The analysis reveals that, in the interviewers perspective, there would be a deceiving practice from freedom of expression in the journalism teaching in which emerges either in speeches with handbills spreading the fear and/or under a stimulus form to concealment

O processo avaliativo institucional de desempenho do sistema público municipal de Teresina-PI (2001 a 2005): entre a lógica da excelência e a lógica da aprendizagem

This work focalize the institutional and educational evaluation, aiming to investigate the Municipal System Institutional Evaluation Performance of Teresina City Piauí (2001-2005), and to reflect about Institutional System Performance and its contribution to compose a new learning evaluation practice. In this sense, classifies elements about the evaluation practice in two Elementary Education municipal public schools, involving Education Municipal Bureau technicians as managers, pedagogues, teachers and students. Based on the ethnographic studies principles in the educational area, the work employs investigative procedures like document analysis, interviews with groups and individuals and also participator s comments. Intending to comprehend the complexity produced by the institutional and education evaluation processes, the wok reveals the Institutional Evaluation legal and educational political basis and the several positions assumed by the Learning Evaluation, as a classification tool or as a learning enhancement. This work points, as results, to a evaluation culture bipolarity carried out by the Municipal Education System as a explicit control and regulation toll, related to the classification and learning in a interaction process that operates both in the pressure and the reflection, as a culture practice established between excellence of logic and learning. The evaluation history has been construct on the evaluation actions dialectics, joint simultaneously between the Institutional Evaluation Performance and the learning evaluation. The senses, meanings and actions bipolarity is a interaction process product sustained between the institutional evaluation, under the scholar ranking application, and the learning evaluation. In this relativity, the teacher evaluation practice is found, ruled by interesting, thoughts and actions on the school evaluation, allowing a higher security and support to the learning results. Grounded in the researched reality, its possible to say that the teacher s evaluation practice is diversified, with different characteristics, when it is done in the learning search and in the learning intention. In the first case, reflects, rearranges and constructs new actions that lead the student to produce learning. In the second, shows the will, the wish of learning, but is a weak action, producing a not really significant learning and development; as a result, remains the mark approach as a determinant in the student future. The work s hope is to contribute not just to rethink these two evaluations dimensions the institutional and the learning ones but also to organize the school and to improve the pedagogic process

Educação ambiental: mediações sociais e políticas e a indolência do Poder Público à sua inclusão no ensino formal

As a result of the prediction of irreversible changes on necessary conditions to maintain life, including human, on the planet, environmental education got the spotlight in the political scenario, due to social pressure for the development of individual and collective values, knowledge, skills, attitudes and competences towards environmental preservation. In Brazil, only in 1999 the right for environmental education was officially granted to people, having the status of essential and permanent component in the country s education. Since then, it has been Government s duty, in each federal branch, to plan actions to make it happen, in an articulate way in all levels and modalities of the education process, both formally and informally. This work of research has environmental education in the school as subject matter, and aims on analyzing social and political mediations established between this National Environmental Education policy and the contexts associated to the legislative production process, the political nature of the conceptions about environmental education that underlie Law 9.795/99 (Brazil, 2009c) and also Rio Grande do Norte Government s actions and omissions related to the imperative nature of the insertion of environmental education in the schools ran by the state, during the ten years this law has been in force. The investigation of the subject matter was led by a social and historical understanding of the social and environmental phenomena, as well as of the education system as a whole, considering that only through a dialectical view we can see the real world, by destroying the pseudo-concreteness that surrounds the topic. While analyzing, we assumed that in face of the dominance of a social organization in which market regulations rule on environmental ones, by developing individual and collective critical conscience, environmental education can become a threat to dominant economical interests in exploiting natural resources. The results of this research suggest that as an educational practice to be developed in an integrated, continuous and permanent fashion in all levels and modalities of formal education, environmental education has not yet come to pass in the state of Rio Grande do Norte, due to the neglect and disrespect of the government when facing the need of promoting the necessary and legally appointed measures to make it present in the basic education provided by the state. The legislators silence when it comes to approving a regulation on environmental education essential to define policies, rules and criteria to teaching the subject in the state and the omission from the public administration regarding critical actions in order to integrate in public schools the activities related to the National Environmental Education Policy, represent a political decision for not doing anything, despite the legal demand for an active position. This neglecting attitude for the actualizing of strategically concrete actions, urgent and properly planned for the implementation of environmental education in schools in a multidisciplinary way, exposes the lack of interest the predominant classes have in such kind of education being made available, as it could be developed based on a critic political view, becoming a political and educational action against dominance. When analyzing the basic principles and fundamental goals in Law 9.795/99 (Brazil, 2009c) the development of a critic environmental education is really possible and concurs with the National Environmental Education Policy, reflecting the social and political mediations established between this public policy and the contexts associated to its legislative production process, which are responsible for approving a regulation which also represents the mind of the people about environmental protection above anything else

As relações entre o público e o privado no processo de expansão do ensino superior no Brasil: democratização ou mercantilização?

The present study analyzes the expansion of Brazilian superior education, investigating how the public and the private sectors are inserted in this process, taking as analysis dimensions the philanthropic actions, the democratization and the mercantilism. The study had for general objective to analyze the dynamics of the expansion of superior education in Brazil, investigating how it configures the overlap between the public and the private in this process. More specifically was tried: a) to understand the process of participation of the non-state public, state and private sectors with lucrative goals in the expansion of superior education; b) to analyze the limits between the democratization and mercantilism in the process of expansion of superior education; c) to analyze the mechanisms that express the privatization in the process of expansion of superior education; d) to investigate, in a program of the government, how is materialized the overlap between the public and the private, in the expansion of superior education. In the development of the study, was adopted as theoretician and methodological way a historical and critical perspective, because is considered it allows to understand the mediations between the inquiry subject and the historical context in which it is developed, allowing, this way, the true explanation of the studied object. About the technician procedures, it was adopted documentary and bibliographical research. Also, secondary data were searched on the main governmental web sites (INEP, SISPROUNI, INEP, PNUD; IBGE) which produce statistics on superior education and sponsors of private institutions of superior education, as example ABMES and the Court of Accounts of the Union, amongst others. The study results had delineated a picture that allows to evidence that has been occurring, in the country, a process of expansion of superior education, marked for the articulated participation of the public state, private with lucrative ends and private without lucrative ends sectors, but it is distinguished in recent years the prevalence of the private sector with lucrative ends. In result, it is concluded that this process of expansion cannot be considered as dimension of the democratization because it occurs by means that move it away from the education as a right to be placed in the scope of the market, changing the right into a service that is appropriated by mercantile relations

O cuidador familiar de pessoa com doença de Alzheimer: história oral de vida

The aim of the present study was to understand the feelings and the difficulties faced by the family caregiver in the care of the person affected by Alzheimer`s Disease (AD). It is a descriptive, exploratory study with a qualitative approach, using the oral life history proposed by Bom Meihy as the method. Data collection was conducted in the Basic Health Unit of Candelaria, located in Natal -RN, with five collaborators that carry out the role of family caregivers for people affected by Alzheimer`s disease (AD) and are members of the Group "Caring for those who Care". Caregi vers who resided with the affected family member for at least one year were selected for the study, and as a collection tool, it was opted to use semi-structured interviews via a script of open questions, recorded by permission of the collaborators, then t ranscribed and subsequently returned to respondents for checking the contents described. To analyze the results, the collaborators narrative technique was used in conjuction with the specific literature on the subject.The discussions were organized around five themes inherent to the guiding questions, and defined as follows: the incorporation of the role of the family caregiver; life before and after assuming the role of caregiver, the caregiver`s feelings and attitudes after assuming the care, difficulti es in caring, participation of the group as a foundation for caregivers. The stories showed many difficulties in the daily routine of the caregivers, and also that their participation in the group "Caring for those who Care" helps them in maintaining the q uality of their lives. The results open possibilities for the construction of new forms of approach and care for the people who fulfill the role of family caregiver contributing to strengthening of subsidies that help them better face the daily difficulti es.This study helped shed light on the fact that being a family caregiver of a person affected by AD is a suffered, exhausting and stressful condition involving much self-denial in one´s life. The situation experienced by these collaborators is considered a public health issue, and thus highlights the urgency for governmental political -social actions, besides the programs of care and health promotion for this target group.

O Prêmio Nacional de Qualidade e as políticas e práticas de recursos humanos :um estudo em empresas do setor de transporte público por ônibus da região metropolitana de Natal/RN

This work has goal of analyzing the practices of Human Resources in the per missionary enterprises of urban transportation, by bus, in the metropolitan region of de Natal, based on the standard person of the National Program of Quality 2004 and points if they are able to take part as prize-winning in this standard. Also this work aims, through a theoretical evolution of people management and its current practices, the history of the National prize Quality and its main standards, the importance of the urban transportation, its characteristics and the system itself in the metropolitan region of Natal. The research was carried out in 11 enterprises that operated in the area, with several dimensions and forms of management. The research variations were based on the standard person of the 2004 NPQ that deals with the system of work, preparation and development and life quality. In the statistical treatment, discriminated and exploiting analyses were applied. The main obtained results through the research, we can verify an administrative centralization in managers and owners hands; that 45% of the enterprises don t have a Human Resources Department, however, on the other hand, they practice some human Resources politics, indicated by the variations; as to the items system of work, 55% of the enterprises are able; preparing and development, 43%

A imagem do Brasil na mídia impressa portuguesa: um estudo do caso diário de notícias e público

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

A fundamentação metafísica do Direito na filosofia de Kant

A fundamentação metafísica do direito a que nos propomos a esclarecer na filosofia de Kant assume não somente uma análise de temas jurídicos. Temos uma questão filosófica de fundo a tratar: a justiça é possível? Tal indagação não é o tema do texto, mas o que está pressuposto. A análise kantiana, de certo modo, assume metafisicamente a possibilidade da justiça a partir do conceito de liberdade. Mas, com base na liberdade, demonstra a possibilidade da justiça na ética e no direito. A dissertação é composta por três capítulos. No primeiro capítulo, partindo da reconstrução inicial do conceito de liberdade na Crítica da Razão Pura, descrevemos a construção do conceito cosmológico de liberdade transcendental a partir do terceiro conflito antinômico e de sua solução na Dialética Transcendental. Feito isso, descrevemos o conceito de liberdade no capítulo do Cânon da Razão Pura e discutimos o problema de como compatibilizar liberdade transcendental e liberdade prática. No segundo capítulo, fazemos uma análise da distinção entre a legislação moral e a legislação jurídica das ações humanas partindo da análise da liberdade prática interna (moral) e distinguindo-a da liberdade prática externa (ou jurídica). Nesse contexto, desenvolvemos os pressupostos de uma metafísica do direito, tomando como ponto de partida o conceito de liberdade e o imperativo categórico como princípio da autonomia da vontade, base normativa para a lei universal do direito. No terceiro capítulo, a partir da relação entre ética e direito, reconstruímos o conceito de Direito e esclarecemos o fundamento da legitimidade da coerção a partir do princípio normativo de coexistência das liberdades individuais. Analisamos também os aspectos fundamentais do direito que derivam deste princípio, tal como os conceitos de Contrato Originário, Estado, Lei, Coerção,bem como a proposta kantiana de uma paz universal com base numa legislação internacional. No fim, discutimos o aspecto metafísico presente no fundamento do Direito

Compreendendo como as crianças significam o direito de brincar

This research aimed to understand how children mean the right to play. For that, assumes that the children composed a social category generational, with children experiencing their own skills, the result of the mediated relationship with the social and its transformative capacity. Adding to that, they are subject of duties with competence to means your own condition. After a long history of repression and an intense political struggle, the Doctrine of Integral Protection is inaugurated in Brazil and the Citizen (1889), which regulates the fundamental rights of all children and adolescents. Among these rights is the right to play. However, it is sufficient to provide by law, it is necessary to break with the diminishment of the play activity, still present in our society, watching it as a structuring activity of the subject and ensuring the enforcement of this right. Considering the child as the central focus of research, the research was conducted in a public school education. The subjects were six children of six years old, enrolled in 1st year of elementary school. The procedures employed for constituting the corpus of the research were: observation of children at school meetings and dialogue, monitoring of play resources such as drawings, cartoons and representative images of child rights. Also, the parents were interviewed with the goal to enlarge the understanding the context of the child. With the thematic content analysis, we raise two areas: play and children's rights. The results showed that children, however don‟t have a systematized knowledge about child rights , they understand that any elements are important for the children and your development, being the play the most recurrent, followed by education and family. The right to play configure as a necessity of the child, that even if she does not understand conceptually as a right, she feels the importance of living of the play activity

(In)visibilidade da violência doméstica no atendimento do Sistema Público de Saúde: nos bairros das Quintas e de Felipe Camarão

It analyses the approach given by health professionals (social workers, nurses and doctors) against woman violence at the Medical Unities of Felipe Camarão and Quintas of the City of Natal and searches to identify if the domestic violence is (in)visible at the Public Health Assistance System attendance. and It refers to the grandiosity of this violence and its consequences to the women health, recognizing it as a public health problem. To the comprehension of the relationship between violent acts against women and their health serious damages, exposes the battle history of the feminist movements and the brazilian women, demonstrating the visibility acquired by theses conquests of the questions related to the women and how the gender study becomes the central category to (re) think the social relations involving women and men, specially, the violent relationships between them. It analyses, mainly, those practiced by the husbands, partners, boyfriends or lovers. It refers, at the end, about the public politics of violence combat adopted at police stations at health centers, showing the difficulties to establish the legislation that exists to combat the violence suffered by the women that look for assistance at the health unities. It intends, with this way, to give more visibility to the domestic questions at the marital relations and ask attention from the public power and health professionals between them, the social worker to the (in) visibility of this problems at the attendances practiced

A residência secundária e uso do espaço público no litoral oriental potiguar

Considering that tourism tends to reproduce itself privatizing the areas where it installs, the secondary residence has been an urban element responsible for the private appropriation of the public spaces of coastal of Nísia Floresta. The private appropriation of these accesses, for secondary residences, constitute in an issue-problem of the research. The principal goal is to analyze the relationship of the consumers/users of secondary residences with the public space; and, specifically, identify how the government has been acting and manifesting itself about the occupation of the coastal of Nísia Floresta; as also to verify how the secondary residence has been appropriating privately of the public access of the coastal. On account of the scarce literature about secondary residences and the importance of the public access to beaches for the inhabitant, the present work aims to contribute to the discussion of this theme. The secondary residences in Rio Grande do Norte began in the late nineteenth century, becoming more common in the 90s, when the coast south of Natal is appropriated from local vacationers. In 2000, foreign investment began to be applied in real state and tourism, producing closed developments, served in leisure infrastructure, trade, and hospitality, mainly to external demands. The methodology included a bibliographic survey, data collection and in lócus observation. Applied questionnaires and interviews were performed with consumers/users of the secondary residences, permanent residents and government, respectively. To the legal grounding, taken as a reference the article. 10, of the law 7.661/88 to establish that the beaches are goods of common use . Considering the conclusive analysis of the research, can be said that the right of free access and use of the beach is committed for the benefit of the consumers/users of secondary residences, due to the negligence and omission of the government