A eficácia, no ordenamento jurídico brasileiro, da responsabilização penal da pessoa jurídica pela prática de crimes ambientais

The environment, which fundamental importance has already been recognized in all the world, is an actual national and international discussion subject, whose interest grows for the society, and consequently to the Law, in order to prevent the natural resources to the present and future generations. The 1988 Brazilian Constitution, recognizing the importance of the environment, treated about it in many of its parts, even dedicating a specific chapter (Chapter V About Environment, inserted in Title VIII About Social Order). The brazilian constitutional text established to everyone the fundamental right of enjoying an equilibrated environment, obligating the State and all society to defend and preserve the environment to the present and future generations. The economic growing process, that predominated and still persist in the big majority of the countries, where is practiced the capitalist system, has in the enterprises (legal persons) one of its main actors. Many times, these enterprises, especially in the actual globalized world in where we live, where the gain of money is priorized, ends, at the moment they act, making damages to the environment. These damages are, many times, considered by the law. crimes against the environment. The 1988 Brazilian Constitution, according to the Modern Criminal Law, realizing that many crimes were being committed by the enterprises, established in article 225, §3rd, the criminal responsibility of the legal persons. Almost ten years after the 1988 Brazilian Constitution, was published the Law number 9.605/98, in which third article established the penal responsibility of the legal persons that practice crimes against the environment, without excluding the individual responsibility

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

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

A mediação como instrumento concretizador do direito fundamental à saúde: uma alternativa à judicialização de conflitos Natal 2013

In Brazil, the 1946 Constitution enshrined the right to health, having it defined as the possession of the best state of health that the individual can achieve. Already the Federal Constitution of 1988 lifted that right to the status of fundamental social right, which transcends the effectiveness and cure of the disease is based on the joint liability of public entities for the provision of a quality service, efficient and prioritize human dignity and comprehensive evaluation of patients. According to the World Health Organization, the definition of health, first characterized as the mere absence of disease, has become recognized as the need to search for preventive mechanisms to ensure the welfare and dignity of the population. Garantista this context, the growing seem lawsuits that deal with the implementation of public policies, especially in the area of the right to health, the omission of which the Government can result in the risk of death. Hence the concern of law professionals about whether or not the intervention of the judiciary in cases that deal with providing material benefits of health care. It claims to break the principle of separation of powers, disobedience to the principle of equality and the impossibility of judicial intervention in the formulation of public policy to try and exclude the liability of public entities. In contrast, the judiciary has repeatedly guardianships granted injunctions or merit determining the supply of materials indicated by the medical benefits that accompany the treatment of patients who resort to a remedy. In this context, mediation, object of study and resolution presented in this work, is presented as an instrument conciliator between the reserve clause and the right to financially possible existential minimum, as it seeks to serve all through rationalization of health services , avoidance of negativistic influence of the pharmaceutical industry, with prioritizing the welfare of the individual and the quality of relationships. This is alternative way to judicialization that in addition to encouraging and developing active citizen participation in public policy formulation also allows the manager to public knowledge of community needs. It is in this sense that affirms and defends the right to health is no longer the mere provision of medical care and prescription drugs, but a dialogue conscious existential minimum to guarantee a dignified life

Direito à moradia em cidades sustentáveis: parâmetros de políticas públicas habitacionais Natal 2013

The right to housing is included in several international human rights instruments and in Brazilian legal system integrates the constitutional catalog of fundamental social rights (art. 6) and urban development policy (art. 182 and 183). Besides, it is for all federative governments its effectiveness by building programs and improvement of housing conditions and sanitation (art. 23, IX), which justifies the investment in urban planning and public policy of housing affordability because they are tools for achieving this right. Newer strategies in this area have been based on tax incentives, combined with the mortgage as a way to induce the construction of new housing units or reform those in a precarious situation. However, there is still a deficit households and environmental soundness, compounded with the formation of informal settlements. Consequently, we need constant reflections on the issue, in order to identify parameters that actually guide their housing policies in order to meet the constitutional social functions of the city and ensure well-begins of its citizens (art. 182). On the other hand, the intervention of the government in this segment can not only see the availability of the home itself, but also the quality of your extension or surroundings, observing aspects related to environmental sanitation, urban mobility, leisure and services essential health, education and social assistance. It appears that the smoothness and efficiency of a housing policy condition to the concept of adequate housing, in other words, structurally safe, comfortable and environmentally legally legitimate, viable from the extensive coordination with other public policies. Only to compliance with this guideline, it is possible to realize the right to housing in sustainable cities

Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

Políticas públicas para o turismo e desenvolvimento local: reflexões a partir dos "caminhos de fé" no semi-árido potiguar

This study analyzes the event of the Feast of Our Lady of Grace, located in the municipality of Florania / RN as a tourism product, inserted in a process of transformation of a sacred place, in principle determined by religious motives, in a destination "tourist-religious". We seek to understand to what extent state intervention, with policies aimed at boosting the tourism sector as well as the interactions among key actors in the space, are able to modify and streamline the city of Florania, particularly Feast of Our Lady of Grace. The methodology also includes the review of the literature using the deductive method the application of questionnaires to the pilgrims, tourists and pilgrims totaling 150 questionnaires. Along with the economic agents of the municipality, 36 questionnaires were administered according to the model adopted by REDESIST. Complement this research interviews with key Officials of the Municipal Government and the Church. Despite the recognition by the actors of the importance of tourism to the economy of the city of Florania, encouraging the development of the sector is still lagging, some worked and policies / programs listed actually pass by the "Paths of Faith" of Florania. Concerning the Feast of Our Lady of Grace, the bottlenecks reported by researchers and economic agents are very partially affected by the policies / programs and when this occurs, the effort seems to be only reactive, resulting from the pressures experienced by the municipal government (mayor)

Uma prática educativa ambiental na construção de agenda 21 local.

This proposal is to search, investigate practical experience in environmental education for the construction of Local Agenda 21, in the municipality of Maxaranguape-RN, attended that brought together various subject and collective social actors of civil society organizations, among them, the Center for Education and Advice Herbert de Souza - CEAHS (NGOs who serves on the council since 1999), associations of farmers and farmers in areas of settlements, teachers / as, groups of women and young people, entrepreneurs, public power, the German partner entities IBAMA. INCRA, BNB in the project of Agenda 21. They are members and participants, constituents of the Permanent Forum of Agenda 21, the main actor privileged in the search. As an object of study to identify the limits and scope of this practice, with regard to aspects of awareness / participation and awaken to an awareness of critical social subjects in the collective social and environmental perspective. The study seeks to investigate if this experience has allowed the individual and collective social subjects, understand and act in their daily life, as the changes in attitudes postures, and expand their interests to participate in various public spaces this intention, is considered the educational activities made with the principles of environmental education in the construction of Agenda 21 that have contributed in raising awareness / participation of social actors of the Permanent Forum of Agenda 21. While reference methodology, the research focuses on theoretical design Freireana with relevance on the dimensions of dialogue, critical thinking and the human dimension comprising the act as educational practice of freedom, the prospect of human emancipation and social transformation of reality, and bring other thinkers as, Carvalho (2004), Trigueiro (2003), Days (2004), among others. The investigation of this practice points to the subject of education, which ECOCIENCIA to install the Agenda 21 and its effect on demand under municipal, German, providing a change of attitudes and postures and certainly, generating a new look and act in the world, broadening their interests and desires of inserting themselves, to participate in public spheres, particularly in establishing relations with dialogical criticality with the authorities and face the demands socio-environmental locations.

Ingressar na ufrn: trajetórias escolares e universitárias de estudantes egressos da educação básica da rede pública

On the beginnings of the XXI century the brazilian universities was claimed by the Government and by the society to rebuild your ways of selecting students. Many questions are behind this theme, that goes since the concernings of the higher education institutions about select and graduate students, and now also students from disadvantaged sectors of the society; but also about personal issues, like concerns of the everyday of millions of youngs that integrates the brazilian society and that need to decide about your professional future after the finish of the Basic Education. The present thesis has as objective analyse the processes of the transition between the Basic Education and Higher Education on the point of view of students that achieved a place on the public university. This study was accomplished on the Federal University of Rio Grande do Norte [UFRN on the original language], that implemented an Access and Social Inclusion Policy (PAIS [on the original language]) on the year of 2003, and since than a series of social actions had been developed. Among the main, we highlight the Inclusion Score action, an adicional score [on the entrance selection exam] for graduated students from public schools, which considers social and economic criteria and the academic development of these candidates on your Basic Education. Through quizzes and interviews with the graduated university students from public network, we could know the social, economic and academic profile of the students that entered on the UFRN by the time of the development of your PAIS, your schools and university trajectories, revealing some of the dilemmas, strategies, difficulties and personal cost of those that try to remain on the educational system besides the adversity conditions of schooling. For the theory foundation, we use authors like Bourdieu (1992, 1996, 2003); Coulon (1993, 2008); Ramalho (2004, 2007, 2008, 2010); Ramalho, et al (2011); Charlot (2001, 2003, 2005); Zago (2011); Nogueira, Romanelli e Zago (2011), among others, that contributed for a better analysis and understanding of thought and actions of the students in your own formative trajectories. Although we know that the educational inequalities are many, we found that the UFRN policy brought and is bringing many significant results, on the perspective of contribute with the increase of access for graduated students from the public network, and with the inclusion of these on the university

Cidadania ambiental em centros urbanos : um estudo com estudantes do ensino superior

This work presents a study of the ambient management in urban centers, considering the ambient perception as element necessary to develop in the population the conscience of the necessity to preserve the environment. For this, the attitudes and behaviors of the community, represented for students of an Institution had been evaluated, so that strategies and actions are traced that come to minimize the ambient degradation and to provide an aggregate sustainable development to the economic development. The objective of this research consists of studying the problematic one of the ambient management in urban centers under the point of view of the awareness, of the ambient perception and of the participation of the population, this because the ambient questions are inserted in the aspects that involve the practical life and the daily one, for what becomes excellent to understand that the environment is a right of all, therefore, must be preserved. The methodology used in this work constitutes in the application of a questionnaire with scales of the type likert contends variables that compose the acts and mannering aspects, beyond a partner-demographic scale. The Chi-square method was used in the analysis statistics de Pearson to verify the dependence of the associations between the partner-demographic 0 variable and the acts and mannering variables. The results point that the academic environment is opportune to deal with the subject, in view of that the ambient preservation goes for all the contents, and that the pupils of today will be able, in the future, in its areas of performance to plan action to safeguard the sustainable development. One concludes that the strategies to manage the environment pass for the awareness of the citizen, therefore when it is educated its attitudes will be more responsible, a time that the ambient concern will be present in its day-by-day. Therefore, the Public Power when planning programs of ambient preservation that comes to promote changes of habits of the population, such as: management of the solid residues generated by the population, recycling, programs of selective collections, ambient education, etc. the local community for the success of its actions will have to be involved

Impacto urbano ocasionado por empreendimentos da construção civil no entorno da zona de proteção ambiental (zpa-6), Vila de Ponta Negra, Natal/RN

The process of urbanization in recent decades has generated considerable seriousness of problems relating to the use and occupation physical environment of cities. The concentration of population, economic activities and technological standards have reinforced an existing urban environment highly degraded as a consequence of the development style that leads to the predatory use of natural resources. In this context, cities as centers of production and consumption, have the most serious problems of environmental degradation. This study investigated the impacts of the municipal building projects to large-scale vertical in the town of Vila de Ponta Negra, Natal-RN, given the proximity to the Environmental Protection Area (ZPA-6) and considering its environmental importance , scenic, landscape and tourism for the city of Natal-RN. The fragility of the licensing process and the failure of the assumptions in the analysis, objective and subjective, for the granting of environmental permits for the building construction projects, specifically those set out in the surroundings of the Environmental Protection Area (ZPA-6) and fundamental importance of landscape and tourism for the city of Natal, has aroused the concern of local people in and of itself the Government, faced with the probable impacts that will affect greatly the Vila de Ponta Negra. The methodology used to achieve the intended objectives will be the literature review, questionnaire to the surrounding population and the Government, as well as findings on the spot, through the photographic record. The beneficiaries of the license, if the entrepreneurs, have been affected because of the granting of licensing act of investing large amount of capital in the works. Additionally, with distrust of the population, since they are to discredit the public system of environmental management have guessed by the probability of imbalance to the environment and structural damage to the Vila de Ponta Negra, where such failure to support energy, lack of regular supply of water , lack of sanitation and access roads sufficient for the flow of motor vehicles in these areas, among other factors. Thus, this work will contribute to the diagnosis and solutions to the problem in question, so that the Government will effectively fulfill its social management of ecologically balanced environment of continuing urban development in Natal, Brazil

Gestão dos resíduos sólidos das contruções prediais na cidade do Natal-RN

The present work has the objective of presenting an investigation about the quantification, classification and destination of the waste of construction and demolition (RCD) in the city of Natal - RN, focusing the aspects of the environmental impacts and the strategic importance of the environmental administration in the earnings of productivity of the companies. Of the environmental point of view the research intends to identify and to quantify the monthly and annual production of RCD in the city, as well as to know the places of deposition of those residues. To reach the objectives of the study, an exploratory and descriptive research was accomplished, using a questionnaire with closed subjects and an open one, applied in 25 entrepreneurs of the branch of the building site, being 21 builders and 4 entrepreneurs of collection companies and removal dumps. As form of analysis of the data, the descriptive analysis was used and of crossing. The production engineering considers important the insert of best production practices and administration of the product in the companies, with views to the increase of your competitiveness, productivity earnings and improvement of the environmental aspects with views to the consumer's satisfaction, in that case the buyer of immobile. The principal results of the investigation demonstrate that there was not great variability of answers with relationship to the interviewees opinion in what he refers to the environmental practices. In your majority the building site interviewees entrepreneurs evidenced the absence of the public power, particularly the city hall of Natal, in the control, fiscalization and creation of mechanisms for a correct destination of RCD, as well as for your reuse and recycle. On the other hand also it was evident that the recycle or the reuse of RCD on the part of the companies is a rare practice and a lot of times inexistent, although the entrepreneurs' of the building site section great majority recognizes that would have won of productivity with the correct and intensive use of such measures

Gestão de resíduos sólidos: um estudo da conscientização ambiental em uma cidade do Brasil

The present study inserts on the international environmental thematic, approaching the integrated management of solid waste and the participation of the social actors in the search of the sustainable development. The awareness in combining it still describes a Selective Collection Program SCP of solid waste, in partnership with the municipal public power, in the development of joint actions that result in better alternatives of waste management in the urban centers, providing better life quality for the population and conservation of the environment. The aim of this research is to study problematic of the management of solid waste under the point of view of the environmental awareness and the participation of the population in a city of Brazil. In this matter, the target of the work is focusing on the strategy of solid waste management, through the attitudes and the respondents behaviors to aid in the making decision of the public manager related to the implantation of a selective collection program in Natal/RN. The methodology used in this work constitutes in the application of a questionnaire with scales of the type Likert being constituted of variables that compose the aspects of attitudes and of behaviors, besides a social-demographic scale. For analysis statistics is used the Pearson s Chi-Square Method in order to verify the dependence of the associations between the social-demographic variables and the attitude and the behavior ones. The results appear for a larger participation in a SCP, since this provides a better quality of life of the population (28,3 %), followed for offering a financial advantage (27,3%). Other results indicate the existence of the variables that exercise influence on the environmental awareness of the population to its demographic aspects

As praças de cultura no governo Djalma Maranhão

Le présent texte vise à analiser la apropriation de l'espace par le pouvoir publique. Entre les années 1956 et 1964, la ville brésilien de Natal a été administré par le maire Djalma Maranhao, dirigeants politiques marquées par des idées nationalistes, comme la lutte contre l'impérialisme et l'émancipation du peuple a travers de ce que l'on appelle « culture populaire ». Le terme a acquis une connotation politique, en même temps dans ce qui était considéré comme la plus pure manifestation du peuple brésilien. La dynamique politique signifie aussi un nouveau regard sur la ville, enquant que le désir de progrès, de industrialisation et de réformes sociales propagée dans la politique nationale brésilienne, directement traduit par des changements dans son espace physique. Dans cette orientation nationaliste, la ville a entrepris des actions systématiques à l'encontre des nouveaux besoins urbains qui se posent en même temps que tourné certains places de la ville à espaces culturelles, appelée « places de la culture ». Ces espaces sont destinés à la promotion de la culture populaire en même temps il a été un domaine stratégique de la production et la réception des valeurs défendues par Djalma Maranhao. En ce sens, nous avons demandé répondre quelle a été la position du maire face à la besoins urbaines qu'ils se posaient et comme les places de la culture sont intégré à la vie quotidienne de la ville de Natal, donnant une nouvelle signification à la place publique. Pour la construction de ce travail, nous utilisons les sources orales et de revues, de journaux et de A República et Folha da Tarde, comme le principal ressources méthodologiques

Engenharia nos sertões nordestinos: o Gargalheiras, a Barragem Marechal Dutra e a comunidade de Acari, 1909-1958

In Brazil, between the late nineteenth and early decades of the twentieth, polytechnic engineers assumed an important role in discussing the establishment of a modern country. The problem of drought in northeastern Brazil gave the professionals performance, within an interventional process more mounts, the conception plans and measures for the purposeful integration of the territory afflicted. With the foundation of Inspetoria de Obras Contra as Secas (IOCS), in 1909, the actions to combat drought and would be institutionalized, them, studies performed out by technical and scientific committees would be systematically applied in the Brazilian Northeast. So, This work was central objective understand the historical process inplantation of a whole infrastructure of modern character by professional technical and their consequences within the Northeast Geographic space, in specific, in the municipality of Acari in the State of Rio Grande do Norte, in the first half of the twentieth century. The politics of the government, through technical education and scientific engineers polytechnics, would emphasize, during the twentieth century, the building of dams, and irrigation canals, wells, railways, highways, between other elements, that would soon transform the physical space-northeast, specifically, the territory acariense. These works began to contribute to the setting of man backcountry their land, promote the regular practice of agriculture even in periods of drought and, the integration, especially, economic of territory acariense the other producing regions of Rio Grande do Norte and the Northeast as well as promoting the modification of the landscape of the world backcountry. These actions functioned as elements of modernity and progress that transformed the space by favoring by favoring the formation of urban networks (urban) in this space

Arranjos urbanos e subjetivos contemporâneos na invenção de territórios turísticos

We seek consistency empirical and analytical rigor to the concept of touristification in the course of the contemporary arrangements of subjectivity and urbanity stations through a landscape of social (dis)encounters between residents and foreigners living in the capital of Rio Grande do Norte, Natal. In the last three decades the city has become a major destination country for national and international tourism, making tourism an important monitor of choreography in search of synchrony between cities and subjectivities, orchestrated by the cyclical crises and the relentless battle for systemic capitalistic expansion and survival. We proceed with an ethnographic and cartographic inspiration in Ponta Negra, where the waterfront redevelopment in 2000 conducted by the government, influenced the implementation of various establishments, services and practices related to the construction of Natal s major industry hub of tourism and entertainment. We proposed an arch-genealogy of touristification inspared on Michel Foucault analytical perspective, increased by authors in confluence or in different theoretical and methodological approaches, among which stand out Karl Marx, Gilles Deleuze and Felix Guattari, Michael Hardt and Antonio Negri. The reflections that initially turned to the advancement of the sphere of consumerism as the issue capable of articulating the developmental trajectory of the capitalist system and the practice of tourism, promoting some effects (un)desirable in the conflictual dynamics of the condition of the district of Ponta Negra, territory each again (re) produces the designs to meet the consumption by affluent portion of the population and foreign, encountering social exclusion and inclusion differentiated a growing trend. We go forward with an analysis of the "liberation of desire" phenomenal features of the process of producing subjective, providing a breakdown of the recent world s financial crisis initially, but proved social and political crisis also, through a plot derived from the operation of real estate speculation, which Natal is mainly caught through touristification, showing the outlines of a generalized crisis in establishing a new order buoyed by the emergence of a context "biopolitical" since it is a major route that uses the capital to survive and expand, while guiding the process of "strategic beautification" held in Ponta Negra, problematized by us. We conclude by assessing the appropriateness of proposing on further analysis to explore the establishment of a "new social ontology in terms of interference touristification ongoing and the constitution of a "new order" local/global, away from that characterize a system's capitalist overcoming, try to give emphasis in the current stage of the radicalization of a capitalistic utopia