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

Direitos fundamentais sociais no Brasil: desafios e mecanismos para sua concretização

The work referred to above, in order to contribute to the legal issues, economic, political and social of the violation of social rights, performs even firmer approach to various implementation mechanisms of social rights in Brazil. Therefore, it begins the study dealing with aspects and important characters of the rights under discussion, as its normative forecast, concept, classifications; respect of social rights with the existential minimum; the principle of reservation of the possible and the need to use this principle as optimization commandment of state resources and the deficit of the realization of social rights in the country. This, in later chapters, in an interdisciplinary approach, challenges and proposals for the realization of social rights by bringing in each chapter, mechanisms for such implementation. That way, as a general objective, it has been to contribute to the discussed problems, when present proposals for the realization of social rights in the Brazilian context. As specific objectives, as well as record the key aspects of the rights in allusion, the one has to promote the perspective of economic development and taxation as posts instruments that the State must be focused on the promotion of social rights by registering in this context that nonexistent economic development without reducing poverty, misery and social inequality and adding that there should be a directly proportional relationship between the tax burden in the country and the human and social development index; analyze the achievement of budget control as essential and healthy measure for the realization of social rights; highlight the importance of society to the achievement of unavailable social interests, affirming the need for the implementation of participatory democracy and, in this line, brings knowledge of the Constitution and the constitutional sense as elements that provide the constitutional progress. Finally, it presents a study on public policies, considering that these are equivalent to the primary means of the promotion of social rights. That way it analyzes the stages that integrate public policies, ranging from the perception of social problems for evaluation and control of the policies implemented; debate about the administrative discretion in when it comes to public policies; brings the classification of essential public policies, the relationship of these with the existential minimum, control parameters and, finally, the legalization of public policy, regarded as legitimate to remedy the unconstitutional state failure and give normative effectiveness and strength to the defining constitutional rules for fundamental social rights. It uses to achieve the objectives outlined, the bibliographic and normative approach method and performs an analysis of jurisprudence related understandings to matter. In the conclusions, it rescues the most important aspects elucidated at work, with the aim of giving emphasis to the proposals and mechanisms that contribute to the solution of the discussed problems.

Espaços especiais em Natal (moradia e meio ambiente): um necessário diálogo entre direitos e espaços na perspectiva de proteção aos direitos fundamentais na cidade contemporânea

Some protected special spaces on behalf of fundamental rights to the environment and the housing at the city of Natal are fragile by facing actions and attempts to suppress and changing (or omission in the implementation) of standards in furtherance of those rights at the local level, which seems to reflect a situation that goes beyond the context of the city. Based on integrated approach of the housing rights and the environment and its protection of special spaces on the field of fundamental rights, the thesis seeks to understand the weaknesses that affect the legal state duty under the realization/implementation of fundamental rights to the environment and housing in cities, focusing on the issues of flexibility of the founding legislation of special spaces to the detriment of the attributes they protected and the lack of implementation of the legal system that allows their effectiveness. So, it looks initially to understand the environment and housing rights and their special protected areas in the brazilian legal system, looking forward the evolution of its legal protection, as well as the weaknesses that emerge in the field of their effectiveness. Analyzing the trajectory of the environment and housing rights and their special protected areas in Natal, considering its standards, attributes, protection indicators, weaknesses and negative evidence within its legal protections and their enforcement by state entity, this thesis proposes to verify the existence of forms to confronting the weaknesses founded in the maintenance of legal protection and its implementation. At this point it discusses the legal basis and safeguard instruments of protection, especially within the juridical field, as part of a (re)discussion about issues of legislative and administrative discretion in the face of objective legal state duty to realization/implementation of fundamental rights in the urban space. With all these issues together the thesis does not ignore the scenario where the dividing line between public and private (economic) are becoming ever more tenuous in the field of state action and where the city stands as a special commodity to the reproduction of real estate, according to the interests of capitalist logic

Gestão Social em Empreendimentos Econômicos Solidários: uma abordagem no Oeste Potiguar

The central research question was to search for data to ratify the theory and discourse of the so-called practitioners of economic solidarity, by defending the substantive rationality should guide the principles of economic solidary, designing the space economy incidental and not the primacy of relations in determining social as well, reflecting the predominance of dimensions of social management in administrative practices of ESS's. For both analyzed the theoretical dimensions of social management - sociopolitical, economic, organizational and environmental - manifested in organizational practices supportive of economic organization Potiguar West. For the success of the research realized the triangulation involving a combination of quantitative and qualitative methodological approaches. At first the research will use a quantitative approach, from the cluster analysis, to verify the behavior of the sample chosen for this study. In the second stage of the qualitative study was carried out focus group technique (FLICK, 2002) for further analysis of the dimensions of social management on organizational practices supportive of economic organization, related to the principles of Solidary Economy, established in a quantitative approach. In quantitative analysis, the socio-political dimension, it was clear that the more equity instruments of internal and external, from the purposeful living in public spaces, the best monetary results. Another point worth stressing concerns the economic dimension, with the practice reciprocity prevailing in market. Thus, the qualitative approach was possible to understand the processes of exchange of product or service. Rural enterprises surveyed in the allocation of the agro-ecological products have the following scale of priority, sequentially: self-consumption (domestic), market and exchange. The research leads to the fact that training and practices that enhance the socio-political dimension (knowledge, empowerment, sense of belonging) become the guiding principle for the strengthening of the social management in the context of other dimensions, leading to gains sociopolitical, economic, organizational and environmental. Despite the weaknesses found in the organizational dimension and environment, both in a quantitative as in qualitative, we determined that the practices of ESS's Potiguar West incorporate predominantly elements of social management and economic solidarity, with a preponderance of substantive rationality in the primacy of the instrumental. Finally, research has brought information that the participants of the ESS's do not give the money economy primacy in determining social relations, which in turn leads to the confirmation that, in practice the solidarity economy, prevailing the dominance of substantive rationality, as a guide for organizational practices

Parcerias municipais com o terceiro setor: o caso do conselho municipal dos direitos da criança e do adolescente de Natal

The relationship between the State and the non-governmental organizations (NGOs) needs to be analyzed and debated by the objective to extinguish or to reduce the existent failures in this partnership in order that the whole society may benefit from it. To understand how the partnership between the public and NGOs work is fundamental. The present study searches to contribute to a better understanding of this matter. With this aim, the research focused the partnership formed between Natal Child and Adolescent Council (COMDICA) and NGOs which were selected by public notice in 2007. Theoretical references were based on the Continuum of Collaboration proposed by Austin (2001) that serves to differentiate the degree and the mode of interaction between the two organizations. It was observed that in some points there is a lack in the interaction between COMDICA and the NGOs. The frequent change of the government counselors makes difficult a more intense involvement and partnership awareness with the NGOs. The NGOs members need to be more involved with the activities of COMDICA and search for a larger participation in the assemblies, on the discussions and on the intrinsic council actions. The relationship must also be rethought, since that the partnership must not be limited to financial resources support. The channels of communication must be improved and become more frequent. The evaluation and monitoring of social projects are poor and own methodologies need to be elaborated. Therefore, it is necessary to make some adjustments in this relationship involving not only the partnerships made by the selected ONGs, but also all those who assist the child and the adolescent. A closer relation makes possible a greater effectiveness of the public policies on one side and on the other side improves the performance of the COMDICA and the NGOs

O papel sócio empreendedor da ONG Sodireitos em defesa dos direitos sexuais e migratórios na Amazônia

This paper presents a case study from the Society for the Defense of Sexual and Migrate Rivers Amazônia - Sodireitos, whose central problem is to understand how it the works the social entrepreneur of the NGO Sodireitos in defense of sexual rights and migrate rivers in Amazônia. The central objective is to analyze the practices Social Entrepreneurship at the NGO Sodireitos on sexual rights and migrate rivers. The method adopted examined the entire creation process at the NGO the present day. Primary and secondary dates were used allowing the viewing of the dynamic intervention Social Sodireitos practiced by the fields of human rights and migrate rivers. Categories of analyses were given, and possible perceive in works of the strong Sodireitos flags that converge to social entrepreneurship as a guideline in the search for a model of human development, social and mainstay vel.

O papel sócio empreendedor da ONG sodireitos em defesa dos direitos sexuais e migratórios na amazônia

This paper presents a case study from the Society for the Defense of Sexual and Migrate Rivers Amazônia - Sodireitos, whose central problem is to understand how it the works the social entrepreneur of the NGO Sodireitos in defense of sexual rights and migrate rivers in Amazônia. The central objective is to analyze the practices Social Entrepreneurship at the NGO Sodireitos on sexual rights and migrate rivers. The method adopted examined the entire creation process at the NGO the present day. Primary and secondary dates were used allowing the viewing of the dinamic intervention Social Sodireitos practiced by the fields of human rights and migrate rivers. Categories of analyses were given, and possible perceive in works of the strong Sodireitos flags that converge to social entrepreneurship as a guideline in the search for a model of human development, social and mainstay vel

Dos direitos da personalidade e a lei de doação de órgãos: o que há para cartografar?

This study aimed at examining the representation and the level of knowledge as well as getting acquainted whether there had been significant divergence among three social groups of 3rd year Law students, 7th period Medical students at UFPB and a group of people from the Catholic Church in vila dos pescadores in João Pessoa - about organ donation, transplant law and ethical issues that raise questions. In order to accomplish the qualitative analysis, Bardin´s content analysis technique was applied in conjunction with the Chisquare test which was applied with significance level of 5% to quantitative data. The data revealed that most informants agree with organ donation, Although they are not acquainted with the law of transplants, and with the lack of confidence in the single list of recipients. The problem is that there is an encouragement to trades with organs and the possibility of any person legally authorized to donate organs in life. The statistically significant difference was observed in only two questions, ie, in response to the confidence in the diagnosis of brain death: 64% of 7th period Medical students at UFPB trust this diagnosis versus 12% of the evangelizing group of vila dos pescadores. The other difference refers to the answer about the confidence in the single list of recipients: 36% of the 7th period Medical students of UFPB said to trust the list versus 12% of the 3rd law students of UFPB. This is was a multidisciplinary study with Involvement of lawyers and doctors

Visões de um quadro complexo: a violência policial no espelho das representações sociais

In the last three decades, the Brazilian social dynamics evidenced increasing requirements in the public security, in the search not only for efficient and efficient police institutions, however that they added in its daily one, positions more adjusted to the Democratic State of Right and a bigger respect to the human rights and the citizenship. In this direction, the practical one of the police violence has been hardly debated in the media and the academics institutions, in the search for elements that clarify its roots and elements of intervention that allow to its control and reduction. The research considers, from the study of the social representations constructed by the soldiers of the Military Policy of the Rio Grande do Norte, having as objects the police violence, searching to evidence the central elements of these representations and its practical reproduction in the daily one, while a products of habitus effective in the institution

Organizações comunitárias e movimentos sociais : conflitos e tensões nos espaços de participação do município de Natal

This study reflects on the conflicts that exist between the different forms of participation and the political representation manifested by community organizations and social movements in the city of Natal/RN. The objective is to better understand the process of political participation of the popular classes and how the different actors have represented collective demands in the struggle for rights. To this end, we mapped the organizations, social movements and participation spaces, through a type of participant research, in which we had the opportunity to experience and study different forms of collective action and events instigated by the community organizations and the Movement for the Struggle in the Neighborhoods, Villages and Slums (Movimento de Luta nos Bairros, Vilas e Favelas) MLB. From the theoretical contributions of authors such as Maria da Glória Gohn, Marco Aurélio Nogueira, Virginia Fontes, Vera da Silva Telles, Roberto Da Matta and Carlos Montaño, as well as the empirical data collected, the study revealed that on representing their segments and occupying different spaces of participation, some actors have formed partnerships with the State, putting collective demands on a second plane. Contrarily, other actors have articulated their struggle around collective demands and manifested through direct action, mobilizing and asserting themselves in defense of a project for society

Antigos sujeitos, novos direitos: as relações homoafetivas estáveis e o direito de reconhecimento

Esta dissertação é um estudo sobre as representações e práticas sociais relativas à construção da conjugalidade homoafetiva e o direito de reconhecimento. Nesse contexto, são analisados os embates ideológicos decorrentes das tentativas de redefinição das representações e práticas sociais relativas à família e a conjugalidade, em sua feição heterocêntrica, a partir das disputas em torno do reconhecimento social e jurídico das uniões homoafetivas, desencadeadas no contexto da sociedade brasileira, a partir da apresentação, no Congresso Nacional, do Projeto de Lei n° 1.151/95, da Deputada Marta Suplicy, que disciplina a união civil entre pessoas do mesmo sexo

Calçadas invisíveis: aspectos do passeio público, em Natal-RN, como projeção de uma cidadania ausente

This study has as a goal to establish a relationship between public sidewalk characteristics of Lagoa Nova District (neighborhood), in Natal and the kind of citizens whose constructions and maintenance layouts reflects. It‟s understood here as public sidewalk, specifically, the place reserved for passers-by traffic, located between public lots and vehicles pavements. It‟s a concern to make a brief survey about the occupation of this particular region and a detailed description over physical characteristic of its sidewalks that shows several obstacles for passers-by accessibility, trying to find possible factors that explain the problematic format , once, at the first sight, most of accessibility of passers-by is compromised. It‟ also, searched, local population thoughts regarding occupation notions about this environment, just like as cultural, political and economical aspects that might influence upon snatching these hybrid places located between private and public border line. It‟s confirmed that the nowadays sidewalks‟ shapes is not only citizenship reflection or a lack of it but shows it as an active agent related with the construction of this set of fundamental rights and duties vital for harmonical co-living local citizens

Direitos humanos e dilemas da democracia no Brasil: um estudo sociológico do trabalho policial (1985-2009)

According to the Public National Security Plan, the security is "[ ] a right by democratic excellence legitimately desired by all sectors of society, which is the fundamental right of citizenship, obligation of the constitutional state and responsibility of each one of us." The 1988 Constitution recognized the rights of life, liberty and personal integrity, considered torture and racial discrimination as crimes. The prime directive of the National Security and Citizenship (Law No. 11,707 of June 19, 2008 - PRONASCI-Brazil) expresses the commitment of the Brazilian state with the promotion of human rights. But despite this formal recognition, official violence continues to be used as a means of maintaining social order, consolidating a police action violating human rights (Amnesty International report "They go in shooting" - AI Index: AMR 19/025/2005) . This thesis analyzes the police work combined with the extension of citizenship rights, the spaces of freedom and democracy as a measure for the degree of affirmation or denial of the Human Rights in Brazil, and proposes the construction of a human friendly Police Force (Post - Colonial, Post-Abyss, Intercultural and Democratic)

Atrás das grades: redes sociais, habitus e interação social no sistema carcerário do RN

Esta tesis trata de discutir y entender los diversos tipos de redes sociales y formas de interacción social presentes en el sistema penitenciario de Rio Grande do Norte. Nuestro problema se basa en un incremento significativo en las tasas de encarcelamiento y la prisión en Brasil y el mundo en los últimos diez años. Asimismo, la aparición del crimen organizado ya, en cierta medida, el control de las prisiones brasileñas, como el Comando Vermelho (CV) y el Primeiro Comando da Capital (PCC), una consecuencia directa de las terribles condiciones de las prisiones de Brasil y aumento de la violencia y el crimen en nuestro país. Para resolver el problema, se optó por utilizar las categorías de análisis de Michel Foucault (prisión y la disciplina), Pierre Bourdieu (habitus y campo), Ervirng Goffman (institución total, de interacción, de fachada y de equipo) y Mark Granovetter, Ricardo Abramovay e João Peixoto, entre otros, la nueva sociología económica (Redes, nodos y lazos) como principal apoyo. También construyó una revisión histórica de la cárcel en Brasil y Rio Grande do Norte hasta llegar al objeto. Esto, en términos de investigación cualitativa, se sumergió en el mundo de las prisiones Dr. Francisco Nogueira Fernandes, conocido como Penitenciario de Alcaçuz, ubicado en el municipio de Nísia Bosque, Rio Grande do Norte. Penitenciaría del Estado de origen, las casas de Alcaçuz seiscientos cuarenta y tres reclusos, divididos en cinco pabellones, un total de ciento cuarenta y siete células. Mediante la observación sistemática y la entrevista cualitativa s semi-estructurada como las principales fuentes de recopilación de datos, hemos tratado de explicar el universo que acabamos de analizar por las Ciencias Sociales. Nos dimos cuenta de que, para cumplir con la escena nacional, regaliz viola de manera flagrante lo que se denomina en la Constitución de 1988 y LEP (Ley de Ejecución Penal), sin tener en cuenta los derechos de los individuos a una porción de una oración con un mínimo de dignidad. Se ha demostrado que las personas que permean el universo proviene de un ambiente de la prisión, la sociabilidad violenta, sedo también tienen un habitus precario. La prisión, espacio disciplinario y un tipo específico de interacción social marcada por el control, contribuye a la profundización de habitus, pero que muestra que no es también como un espacio cerrado en absoluto, sino un lugar donde penetran las redes y dinámicas muy social. Al mismo tiempo, se encontró que más de la presencia de "grupos organizados" es el espacio en las cárceles para la interacción social y las redes sociales que pasan dentro y fuera de su espacio

A prioridade absoluta na Constituição Federal de 1988: cognição do art. 227 como princípio-garantia dos direitos fundamentais da criança e do adolescente

The study undertakes the analysis of the constitutional warranty principle of the Absolute Priority of the children and adolescents fundamental rights concerning to the sense, reach, content, addressees and effectiveness. Then, we begin with the study of the Constitution, text where is inserted the principle on examination, opportunity on which it verifies the concept and conceptions of the Constitution, theories, functions, it normative power and the constitutional feeling. Soon after, the fundamental rights theory is analyzed, focusing your origin, importance, functions, protection, restrictions, duties, characteristics and effectiveness. Then, it is led in general to the place of the principles, moment that leans to their concept, evolution, functions, classification and characteristics. Finally, it is appreciated the principle of the Absolute Priority approaching to the meaning and reach, the normative force and importance, historical precedents, materialize rules, addressees and its normative power and enforcement