Os direitos humanos e a jurisdição constitucional brasileira no estado democrático de direito: a legitimidade contramajoritária no contexto do constitucionalismo pluralista

Os Direitos Humanos, compreendidos como o conjunto de direitos indispensáveis à efetivação da dignidade humana, encontram-se, atualmente, no centro das discussões e relações jurídicas internacionais e nacionais. Seu amplo reconhecimento em nível mundial e a universalização de seus preceitos centrais alçaram o Direito Internacional a um nível de evolução e de relacionamento com o Direito Constitucional que se mostram impassíveis de serem ignorados pelas jurisdições nacionais. Encontrando-se tais direitos na base do constitucionalismo moderno, o que os mantém em estreito relacionamento com o pluralismo e a democracia, faz-se imperioso recordar-se que as noções jurídicas que os animam serviram de base histórica e genética ao reconhecimento e à positivação, em nível constitucional, dos assim chamados direitos fundamentais. Em sintonia com a especial deferência que se tem ofertado aos direitos humanos na sociedade contemporânea global, nossa Constituição positivou entre os princípios regentes de suas relações internacionais ordem expressa de prevalente respeito aos tratados internacionais estabelecedores desses direitos, além de ter possibilitado a recepção desses pactos em nosso ordenamento jurídico, inclusive a título de preceitos constitucionais, conforme Emenda Constitucional n. 45/2004. Esse tratamento especial, além do processo democrático que conduziu o Brasil a uma progressiva aceitação dos tratados, pactos e convenções humanitários, torna possível a conclusão de que os Direitos Humanos apresentam elementos de diferencial carga legitimadora, podendo contribuir, significativamente para, a legitimação democrática de nossa Jurisdição Constitucional. Também é possível perceber-se que, ocorrente em esferas de poder e de legitimação diversos, em particular a nível internacional, a importância conferida aos Direitos Humanos não resta esvaziada pela ampla proteção constitucional conferida aos direitos fundamentais. Particularmente questionada em sua perspectiva democrática, mormente ante o cumprimento da nominada regra contramajoritária e em face da crescente ampliação de seu poder político, nossa Jurisdição Constitucional não pode mais permanecer alheia aos condicionantes determinados pelas amplas imbricações que se desenvolveram no estreitamento de relações entre o Direito Constitucional e o Direito Internacional dos Direitos Humanos. Também a crise dogmática ditada pelo distanciamento havido entre o direito posto e a realidade nacional tem implicado em inegável desgaste público da atividade jurisdicional, principalmente da jurisdição voltada à proteção constitucional. O papel da Jurisdição Constitucional atual há, portanto, de ser cumprido em sintonia com as normas internacionais de Direitos Humanos, principalmente em respeito às normas constitucionais pátrias que ordenam a prevalência desses direitos nas relações internacionais. Nesse sentido, pode e necessita nossa Jurisdição Constitucional valer-se do particular potencial legitimador das normas definidoras de Direitos Humanos, reconhecendo e efetivando tais normas e adequando-se às tendências modernas que a elas conferem especial proteção, num processo dialético de inolvidável natureza democrática

Hermenêutica constitucional e fficácia dos Direitos Sociais

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

A coordenação pedagógica e o processo de inclusão do aluno com necessidade educacionais especiais:Um estudo de caso

The school inclusion presents a number of challenges that has been mobilizing initiatives and studies about its effectiveness. If on one hand in such studies and initiatives it becomes important to emphasize on the role and training of teachers, on the other, there is few studies about the role (and performance) of the pedagogical coordination in face of this process. In this sense, this research focuses on the role of educational coordination in face of the school inclusion of students with Special Educational Needs (SEN) and it undertakes the following study s questions: has the action by the coordinator contributed to the process of including students with Special Educational Needs? How is it presented in the process of inclusion of students with SEN in regular education? And it aims to: investigate the role of the pedagogical coordinator in the process of inclusion of students with Special Educational Needs of Primary Education at regular schools; and to analyze the limits and possibilities of the coordinator actions in the process of inclusion of students with SEN. For the effectiveness of the research, a state school of Elementary School located at the city of Natal/RN was taken as an empiric field. It was selected as research subjects 4 coordinators, 2 teachers of the Multifunctional Resources Room and 2 teachers of 6th to 9th grades. The methodological approach that was used in this research is consistent with the qualitative approach, and it is configured as a case study, as it is understood that this type of research responds to the objective of the study, assuming the observation of everyday school life, the educational document analysis and interviews with the subjects as procedures and tools to build data. The construction and analysis of the data were followed by a dialogue with the literature dedicated to coordinating education and school enrollment. Considering the responsibilities of the contemporary pedagogical coordination due to the challenges and possibilities of schooling for all students, specially regarding to what is referred as collaborative work and ongoing training of teachers, this study points out to the lack of an articulated action related to the school inclusion process, considering the monitoring of the teaching activity and its dialogue with the Multifunctional Resources Room. Moreover, the emphasis on meeting the daily school routines and the compliance with bureaucratic procedures, put it into second, restructuring of the Political-Pedagogical and the possibility of mobilization of school around the problematization and systematization of an inclusive school project. The effectiveness of school s inclusion, therefore, implies the scaling of the functions of the pedagogical coordination, as well as the reorganization of the school it self, to ensure the mediation of collaborative actions, contemplating the teachers continuing education, having as a landmark difficulties, problems and experiences constructed in the school context

Desenvolvimento de uma cadeira de rodas robótica para transporte de portador de necessidades especiais

The objective of the dissertation was the realization of kinematic modeling of a robotic wheelchair using virtual chains, allowing the wheelchair modeling as a set of robotic manipulator arms forming a cooperative parallel kinematic chain. This document presents the development of a robotic wheelchair to transport people with special needs who overcomes obstacles like a street curb and barriers to accessibility in streets and avenues, including the study of assistive technology, parallel architecture, kinematics modeling, construction and assembly of the prototype robot with the completion of a checklist of problems and barriers to accessibility in several pathways, based on rules, ordinances and existing laws. As a result, simulations were performed on the chair in various states of operation to accomplish the task of going up and down stair with different measures, making the proportional control based on kinematics. To verify the simulated results we developed a prototype robotic wheelchair. This project was developed to provide a better quality of life for people with disabilities

Trajetória do ifrn em inclusão escolar

Discussions over the topic of inclusion of handicapped people at school are considered recent, but they have become more and more frequent within the national and international scenario. Such discussion has also being inserted in the speeches and actions of the school institution and with the formation of educators. This investigation is made necessary as a way to collect elements to reconsider the actions for the inclusion of the special education need youth. In special the visually handicapped ones, at Instituto Federal de Educação, Ciência e Tecnologia do Rio Grande do Norte (IFRN). The creation of a support unit functions as main vehicle for the actions of the institution. It is intended to know what young people with limitations have to say regarding their experiences as a way to signal paths to be and not to be followed by the support unit. Therefore, the experience which these young boys and girls have is of crucial importance. In order to accomplish the task, it was decided to use methodological elements based upon elements supported by the life reports of two deficient students here called Borges and Stéfano. Their reports are from childhood to their arrival at IFRN. From their reports, categories appeared: childhood and the role of family; school life and, finally, related to the actions of the support unit of IFRN, being divided in inclusive actions and obstacles. The first one takes a second look at the actions of the family within the learning-teaching process of these students. The second category presents the moment in which students started to receive formal education per se. The last category constitutes the cornerstone of the investigation, for it analyses the process of inclusion in the institution, according to the perception of the students with visual limitations. The results signaled the need for shared intervention between students with Special Education Needs and school professionals in the elaboration of the Educational Planning, which guarantees the defense of the rights to an efficient teaching practice and effective in the process of inclusion of these students

Ssitema integrado de gestão pública: proposta de implantação de um sistema integrado de gestão, autuação e distribuição de termos circunstanciados e inquéritos policiais entre os juizados especiais criminais e delegacias de Natal

Universidade Federal do Rio Grande do Norte

O psicólogo na proteção social especial: atuação junto às vítimas de violação de direitos no CREAS

The objective of this research was to investigate psychologist‟s practices at the Reference Specialized Center of Social Assistance (CREAS), special social care unit of medium complexity of the Unique System of Social Assistance (SUAS). With the creation of CREAS occurred the reorganization of specialized services and programs which were scattered within the socialassitantial network and began to be part of this center, creating a mosaic of actions directed to people with their rights violated. At the same time, there was a significant arrival of psychologists to the field of Social Assistance and their questioning facing specialized social demands and the (un)definitions of SUAS‟ policy concerning to special social protection. Was aimed in this research to investigate how psychologist‟s practices are developed at CREAS using semi-structured interviews and following the practices developed by three psychologists at a CREAS in the state of Rio Grande do Norte (RN), indicated by the Ministry of Social Development and Fight against Hunger (MDS) as one of the national references in 2008. It was highlighted a complex work field, which is delineated between the user´s rights perspective and the maintenance of historical difficulties concerning to the Social Assistance. In which the professional is requested to act toward the fight against rights violation, but does not find a field where is possible inter-sector and articulated work, in addition of being exposed to the precariousness of work and the weakness of employment ties, associated to the lack of formation to work in the area. Accordingly, there is still a range of challenges to psychologists in the building of a profession which confront risk situations and break off rights violation.

Programa Liberdade assistida em Natal/RN: adolescentes em conflito com a lei e a violação de direitos

This work shows the results of the research: Attended Liberty Program Adolescents in Conflict with the Law and the Disapproval of Rights, effected in the community of Natal, Rio Grande do Norte, in period of august 2007 to September 2008. It aims to analyze the social-educative attendance directed to adolescents in conflict with the law through the state, since the Social-educative Measure Attended Liberty, known, as an idoneous way of confrontation to the practice of infraction acts imputed to the adolescent, that needs to give emphasis, in disadvantage of the Social-educative Measurement of Internment, to be proposed (ECA, art 118 and 199) to follow the adolescent in this quotidian, close to his family and community, proposing him through social-educative work, the access to education and occupancy, as well other public services, that help him to surpass the context of privation and disapproval of rights in which lives joined to his family. In our study, it was observed in sequence of approaching, subsidized for theoretical-methodological procedures justified in quantity and quality research, that were privileged to the documental research, the observation and the interview almost structured, besides a theoretical basis about the subject, that the relation of category and inequality in which the capitalist society sustains itself, does the practice of infraction acts imputed to the adolescent, acquires a classist character, in which the property of the money defines the access of the justice. And more, many of the poor adolescents that get into conflict with the law, dweller of the periphery districts of Natal/RN, becomes evident as for segment that has been attended in the Jurisdiction of the Infancy and Youth and in the LAN of Social-educative Attendance, becoming individual the infraction act and its confrontation. We hope in this work, to contribute for the care of the reality of the adolescent in conflict with the law in the Attended Liberty Program, without pretension to exhaust it, as well as later studies about the theme

Programa Agente jovem em Arez/RN: juventude e violação de direitos

This paper proposes discusses the theme of the youth and of the violation of rights in the context of the Young Agent Program developed in the local authority of Arez/RN, sugar cane region of the Brazilian northeast. We take like empirical reference, the young people in the age group from 15 to 17 years old that were participating of the activities of the Program, in the period of April to July of 2008. Objectives of this study were constituted, economical-partner apprehended the conditions and cultural of the young participants of the Young Agent Program, in the context of violations of rights; as well as the analysis of the limits and means, of the bases theoretician-politician, methodological and of the activities developed in the Program. In the persecution of the objectives we use like methodological instrumental the observation, activities in group with the focal group technique and the application of semi-structured interviews. As result, we notice that the violation of rights of the young persons inserted in the Young Agent Program of Arez sets itself up as reflex of the multiple determinations of the social question, inherent in the capitalist society, specified in the context of the poverty and of the social unequality that they acquire visibility in the hunger, in the unemployment / menial job, in the precarious dwelling, in the low schooling, for lack of leisure, in the violence between others. The approximations systematized in this healthy work relevant for the Unveiling of the reality of the Brazilian youth, specifically of Arez young people, in such a way that they come to subsidize future inquiries, are eaten by me also it promotes the discussion around the way like the Social Politics Programs they are implemented and driven in the capitalist society, in its neoliberal format, where the focusing and the selectivity is put on top to the detriment of the universal access of the democratic rights. So, the great challenge that is put for the XXI century is to cause to the voices from these which they do and this which build this country, in the continuous and tireless search of the rights realization in the struggle against the barbarism installed in the capitalist societycapitalista

As organizações não-governamentais (ONGs) de atenção à criança e ao adolescente em Natal/RN: contribuição na garantia de direitos?

In contemporaneousness watches in Brazil the emergence of a "new" relationship between State and society based on partnership, which will allow the growing playacting organizations "non-profit" and "public interest" in the management of social public policies. In that sense, as part of a logic of global restructuring of the Capital, under the aegis of the neoliberal project, starting from the years of 1990, an administration model is had in favor of the market that looks for to minimize the actions of the State, reinforcing the outsourcing of the social public politics, and consequently, debilitating rights legally conquered. In that way, with this study it was pursued as general objective to apprehend the actions developed by Non-governmental Organizations NGOs in the child's area and of the adolescent in Natal / RN, verifying in that measured, these contribute to the warranty of rights or they reproduce practices of welfare work, and as specific objectives: to identify the group of the actions developed by NGOs in the child's area and of the adolescent in Natal / RN; to analyze the practice of NGOs of the point of view of the human resources, of the administration, of the financing, of the user's participation in the decision processes, as well as the quality of the services and the continuity of the actions of these organizations; and to apprehend the relationship between the researched organizations and users in the process of implantation of the actions, in order to identify the perspective that guide the practice of NGOs is going in the direction of contributing in the warranty of rights or in the reinforcement to the welfare work. In summary the results showed two trends in the actions of the NGOs, in the direction of the provision of services, which still unfurls in two perspectives of handouts. The other trend will give priority to the defense of rights of children and adolescents, with actions of political impact strengthen the promotion of public policies state, thus contributing to guarantee rights

O serviço social na previdência social: a afirmação do seu espaço na materialização dos direitos

The work of the professional of social worker in social security policy, it is seen wrapped in an adverse situation to consolidate the ethical-political project work, marked by the materialization of the neoliberal policy essentially promotes the reduction of social rights historically achieved by the class struggle worker. In this sense, with the aim of analyzing the statement of work of the Social Worker in Social Security, their struggles and challenges to the realization of rights, against the current situation is that it renders the theoretical basis of the discussions to be fought. Thus, we performed procedures such as methodological research literature and documents in detail of our analytical categories in order to base the discussion on social security policy. The survey area covered was the Executive Management of Social Security Mossoró and Natal, representing a total of 07 (seven) surveyed social workers who work in the Department of Social Work. Thus, the research allowed us a comparison with the work of Social Workers and this allowed us to reach some conclusions: first, the fact that Social Security does not guarantee in its entirety, the conditions necessary for the work of Social Worker, taking into account the lack of human and material resources for its realization, and the virtual absence of professional secrecy, and second, that the social workers surveyed say the ethical-political project of Social Work, in exercise professional from engaging in projects and social movements related to the protection of social rights and working class, thirdly, that the statement of professional design, contributes to the formation of a new professional activities, based on an analysis of whole and an action more interventionist, critical and purposeful, able to relate to the interests of users who seek their services, the consolidation and socialization of social rights. Thus, the direction of the work of professional of social worker to support the theoretical and methodological maturity in recent years acquired the expertise and ethical-political daily, consolidated its space in claiming social security institution, the rights so hard fought in an environment grounded in the disintegration social struggles

Extensão universitária: concepções e ações na UFRN sob a temática direitos humanos e justiça no período 2008 a 2010

This paper concerns a study on the University Extension, by reference to the research extension activities under the theme human rights and justice, developed in the period 2008 to 2010 in UFRN. To do so, it tried to learn the concepts of extension in Brazil from the 1970s until the 2000s in contemporary times. This study considered the neoliberal social context of the University, dominated by educational policies focusing on the hegemony of liberal ideas about society, reflecting the great advances of capital on the organization of workers in the last decades and intensified in the 1990s. This research was guided by two great motivations: the opportunity to apprehend a way to enforce the commitment of public institutions of higher education to the disadvantaged sections of society and what role the university extension space plays as a socially committed public university. The general aim of this study is to identify inside the university extension education what does it mean for practitioners and extension activities and what results it produces to society and to the academic training of future professional citizens in the current neoliberal context. The research has been developed from an analytical and critical approach based on quantitative and qualitative data, using observation techniques and semi-structured interviews. We sought to investigate and understand the social reality, the main object of this work, with an interest in identifying the need for a new teaching/learning process and for a new university practice, in order to effectively improve an advanced academic formation. For this, some interviews have been conducted with teachers, students and the external community involved in extension actions in the period defined by the work, i.e., from 2008 to 2010. In this stage, it was observed that the academic work of university extension is essential to civic education. It was recognized too as a privileged space where university fulfills its social commitment towards society, as long as it joins scientific and popular knowledge having in view a new science and a new social order

Violência e luta por direitos no capitalismo contemporâneo: crítica à configuração do atendimento às mulheres no Rio Grande do Norte

This research analyzes the Rio Grande do Norte care services to women who face violence in the context of contemporary capitalism. To do so, we situate the patriarchy in the set of current social relations and its relationship with the corporate determinations in everyday life. The new functions of the Patriarchy in the capital sociability permeates the lives of individuals and particularizes the relationships of violence which affects women, requiring, in the immediate level, policy-making to face them. The research found an arsenal of contradictory possibilities and limitations in dealing with violence. In this process, forms of struggle and resistance predominate, which appear as possibilities and limits were identified relate to the socio-historical context of regression of the rights, historical moment in which increase the objective difficulties in everyday life to ensure the legal achievements. It is worth to emphasize the achievements and contradictions that characterize the struggle process for rights, linking services to women to the social policies and to the limits they face in opposition to the aims of the State to meet the mandatory requirements of capital, reducing its role as the main guarantor of policies and rights. In this sense, the trajectory of the achievements that have referred to the proclamation of a specific law to deal with combat violence against women, the Maria da Penha Law - 11.340/06, which provides an integrated set of measures that, if implemented, would allow the women protection from relations of violence they experience. We identified in Rio Grande do Norte precarious services that are essential to achieve the Maria da Penha Law. This situation requires a feminist organization to claim the rights that enable women to see themselves as people with rights in the process of collective struggle. This is the historical need for continuity of struggles that accumulate policies for the existence of a new model of social relations of gender. One of the possibilities that are presented in the current context is the impact on the public budget in order to ensure compliance with the budget for public policies for women - woman budget. In this perspective, feminist segments in national and state level have been organized to understand the functioning and monitoring of social policies. This is a condition and prerequisite for ensuring policies to ensure basic rights and the violence combat , which still requires an integrated set of services. The survey results allow us to consider that the struggle for rights is necessary at this historical moment, however it is not sufficient in human emancipation, which requires new forms of social relations that determine substantive equality between men and women. Thus, the feminist movement faces the challenge to organize and strengthen itself in daily life, in order to execute a project that changes the meaning of women's rights, articulated to a corporate project which wants other command in the set of social relations . This study emphasizes the need for a more and more organic connection between feminism and social struggles, to ensure the inclusion of women in anti-capitalist struggle

O elo entre o serviço social e o judiciário: demandas, desafios e contribuições na defesa de Direitos

Unveiling the link between the Social Services and the Judiciary is the object of this work, since the judiciary is constituted as one of the socio-occupational areas of the profession in the sphere of the state, seize the demands placed on professionals which work becomes relevant , considering that these are embody the multiple expressions of social issues, constituting a challenge to social work, while influencing the contributions that the profession has engendered in the defense and expansion rights. It constitutes an analysis from the standpoint of theoretical and methodological basis Qualiquantitative taking for granted the rights violations against children and adolescents in their social, legal and historical guide to the topic. For this we used a theoretical Marxist Behring (2009), Colman (2008), Faleiros (2205), Faria (1999, 2001), Fávaro (2007, 2008), Iamamoto (1985, 1992, 2002, 2006, 2007) Yazbek, Marx (1983), Netto (1994), Nicholas (1984), Pequeno (2009), Rizinni (1997, 2008), Santos (2009), Sales (2006), Telles (1999), Tonet (2009), among others. Besides literature, empirical research conducted through semi-structured interviews using a script and written records and systematic observation / free during interviews. The subjects were 06 social workers from the area of the judiciary to act on Justice for Children and Youth, Family Court and NOADE in Natal / RN. The research aims to analyze the demands and challenges of Social Services and their contribution in ensuring and enforcing rights in courts nowadays. The route established between knowledge and method involves conceptual analysis on the Judiciary, Social Services, and Child and Adolescent Rights. Seize-up in this study the existing contradictions in confronting the multiple expressions of social issues in the context of the judiciary. The research allowed us to identify relevant aspects regarding the challenges and demands placed Social Service; limits on defense and expansion of their rights and contradictions within sociojurídico. For being one of the judiciary institutions that comprise the system warranty rights, social workers also face difficulties in implementing the professional doing since the ills posed by current sociability capital focus in everyday spaces socio-occupational presented here. On the other hand, is commendable acting those protagonists who believe, defend and contribute to the defense and expansion rights

O sistema de garantia dos direitos da criança e do adolescente: análise da trajetória e do processo de resolubilidade dos casos de violência doméstica sexual em Recife PE (2007-2011)

This work discourses about the child and adolescent s Guaranty System of Rights (GSR), on the intervention in cases of juvenile domestic sexual violence, in Recife. The course (trajectory) is analyzed, where circulate cases of sexual violence, until its resolution, in (GSR). Actually, the violence represents a serious problem of public health. Was thought about the difficulties and the limits that make GSR become a full field of contradictions and challenges for the effectiveness of the children and adolescents rights. Therefore, it was verified the treatments that are developed by GSR, how this system is structured and articulated and how occurs the resolution of the sexual violence cases against children and adolescents. Proceedings of the quantitative and qualitative research were used, was done observation, directed interview and analysis of documents. Thus, the field research was the visits in these institutions: Restauração Hospital, Police Management of the Child and Adolescent (PMCA) three Guardianship Councils, Dom Helder Camara Center of Studies and Social Action (CENDHEC) and the Tribunal of Childhood and Adolescence. The research subjects were seven professionals of GSR. The theoretical discussion is guided in reflections about the children and youth rights, in the violence theme and in the construction and institutionalization process of GSR. In this experiment, was noticed there are many difficulties for working together the GSR, because many obstacles are found when we call the responsible institutions, besides some violence cases happen again. This system is not totally institutionalized and articulated, faces structural problems, material, poorly qualified professionals, underinvestment, low transfer of public resources, among other difficulties, causing many losses in the implementation of public policies that enforce secured rights by legislation