Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

Ativismo ministerial na implementação de políticas públicas

The research aims to analyze the reasons and the unique role of prosecutors in the promotion of public policies. The opening lines deal with the evolution and expansion of the general theory of the fundamental rights in the international and national levels and that have led to the creation of a welfare state concerned with carrying out positive actions which aim at the community well-being. Thus, it is clear that, after the uneven development of the Brazilian democracy, the Constitution of 1988 not only has erected to a state socially responsible, but also built a system of guarantees which highlights the significant expansion of the Powers of the Public Ministry and has now taken an outstanding position in regard to collective rights, allowing, at the same time, its members to perform the syndication of state actions, particularly public policies, correcting the course of these administrative processes in the presence of poor management and inactivity of the public administrator when acting in defense of fundamental rights. This ministerial activism, even facing the obstacles and boundaries submitted to its pursuit, has shown an increase in actions that culminated, in the last ten years, in a significant number of judicial and extrajudicial measures that indicated the correction of public policies and actions in areas of health, education, housing and the environment. In this process of monitoring and doing, the important role of the other social characters is highlighted, especially the one of the citizen who is responsible for most of the complaints that start the initiatives of the Public Ministry and that can be deployed through a significant list of judicial and extrajudicial instruments, especially the important procedure that allows the hearing and participation of the involved in the implementation of public policies, enabling a collective even a consensual solution of the matter generated among the Public Administration. Given these initiatives, the ministerial activism has established itself as a movement of its own characteristics, aimed to guarantee the fundamental rights, especially when these are not targeted by state actions that should contribute to the achievement of the democratic state of law idealized by the Federal Constitution without any distortion of direction. Nevertheless, this activism still seeks for its full accomplishment in the practical world

A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

Regime constitucional do direito privado das organizações religiosas

In Brazil, constitutional clauses regarding religious freedom have concrete applications in Private Law. Church-State Law, or "Ecclesiastical Law of the State," studies the legal principles which may be applicable to religious activity, exercised individually and collectively. The study of Church-State Law in Brazil lacks a thorough introduction to the constitutional and civil aspects of religious organizations: such an introduction is the main end of this work. Following a brief introduction, the main aspects of religious freedom and the principle of private autonomy as it concerns religious organizations are explained. A careful introductory analysis of Church-State Law in Brazil is thus developed: (1) the historical aspects, including a detailed account of the relations between Catholicism, the established religion up to 1889, and the government; (2) the current constitutional principles, as presented in the text of the federal Constitution of 1988, regarding the rights and claims of religious organizations; (3) how the same constitutional principles are to be used in the interpretation of Private Law (especially the Civil Code of 2002), fostering and preserving the uniqueness of religious organizations in the Brazilian legal system. A brief complementary chapter presents some aspects of the legal position of religious institutions in three other nations whose constitutional documents have influenced the current Brazilian federal Constitution (France, Spain, and the United States)

Nas asas de Ícaro: uma análise da Pedagogia Freinet do 2º ao 5º ano do Ensino Fundamental na perspectiva da ação docente continuada

Célestin Freinet was one of the most memorable educators of the twentieth century. He presented some educational alternatives that had the objective of stimulating the construction of pedagogic actions to promote the social development of the student based upon a work centered on the free expression as the way to self-structure the knowledge. With a permanent proposal of research based on the enquiry-based learning, Freinet set human capacity (cognitive, social-affective, psychometrical) taking cooperation in consideration on the processes of knowledge construction. Based on this referential, this present work has the objective to show Freinet s pedagogy in a continuous teaching action from 2nd to 5th grade focusing the teacher s discourse and also the educative practice of the students of a city public school in Natal. The observed work revealed the teacher s discourse and educative experience and delineated the students development while immersed into Freinet s educational practice. By virtue of the nature and specificity of the theme that guided our research, we chose a qualitative approach to it, as a way of conducting ourselves during our investigative process. We observed and analyzed the method that was used to conduct the activities in the classroom, as well as the ways of expression that the children used through drawings, words (oral text), or through writing. We highlight, among the written texts, the individual and collective texts, and also letters and notes, which during some moments served as a base to express a diversity of languages. The results, after a analyzing the research data, point towards a teaching practice that favors the construction of a significant learning process through the grasping of the school environment, on which all these factors are based: society, knowledge acquisition, abilities, attitudes and values. This learning process also strengthens human solidarity bonds and mutual tolerance, on which the student s social life is seated.

A relação teoria-prática do curso de formação de professores do campo na UFPA

Ce travail est une reflexion sur les pratiques éducatives dévelloppées par des élèves/professeurs dans le Cours de Formation d Éducateurs de la Campagne, réalisé dans un partenariat entre l Université Fédérale du Pará (UFPA), Le Movimento dos Trabalhadores sem Terra (MST Mouvement des travailleurs sans Terre) et le Programme National d Éducation dans la Réforme Agraire (PRONERA), en ayant comme son objectif stratégique rechercher les éléments facilitateurs de l articulation théorie-pratique dans les procédures méthodologique du Cours, fondé sur Paulo Freire. Nous approfondissons des réflexions sur la production d une proposition d Éducation de la Campagne qui, entre autres éléments, se fonde sur la Pédagogie de l Alternance, spécifiquement en ce qui concerne lês catégories Temps École et Temps Communauté. Dans le procès de recherche, nous utilisons comme ressources les documents écrits (dês projets de cours, des rapports, des journaux de la campagne document qui registre le quotidien des activités et des choses réalisées), et les discours des élèves de l Assentamento Palmares II , pendant et après lê Cours. À l analyse, nous identifions comme éléments facilitateurs de la relations théorie et pratique, le Temps École et le Temps Communauté en créant des opportunités, la rélation de ce qui se caracterise comme praxis (action-refléxion-action), en utilisant la recherche comme moyen d insertion dans la réalité et l´existence de groupe (colectif), ce qui a possibilité la participation colective aux réalisations des pratiques pédagogiques plus significatives dans le procès de Formation d Éducateurs de la Campagne, en ayant comme objectif la contribution dans la formation des sujets réalisateurs de leur histoire

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.

Redes de educação ambiental: um meio como proposta pedagógica para o mundo entrelaçado

The networks terminology has been growing in different meanings, in which emergent structures coming from one not so recently typology aquired, in the 90 s, fluid shapes impelled by waves without borders of the New Information and Communication Technologies. Ever since, the pattern and the morphology are being multiply and strengthen. With this backdrop, this study deals with the Education for Environment Networks, as a political and social, educative and cultural alternative intervention, as an answer for some contemporary demands. But what are these networks? In wich way they organize themselves to germinate political actions? Where is the core of these actions? What are their limits or potentialities? These are some of the questions that are presented along the study proposed. Therefore, we have in view to unveil the network social and environmental pedagogic dimension, as an alternative proposal towards to the planetary cintzenship formation for persons and coletivity. The study employs the exploration reasearch as the analysis of the organizational reference basis and the dinamics of conections that support the dialogue among the groups that belong to the Education for Environment Networks. We conclude that the networks overcome themselves as a powerfull tool to articulate and moblize people. They establish a potential pedagogic act for political and social intervention, as an alternative proposal for the citizen formation and his world vision. We sinalize that the networks are sometimes limited by the poorness of knowledge that still remains on those who find themselves twisted on them, and on the decreasing optics by those who are absent.

Entre orquídeas e girassóis :o laboratório de Enfermagem na visão de estudantes

To study the teaching/learning process about the Nursing procedures carried out in the laboratory, and learn both the sapiens and the demens dimensions of such process, is the main purpose of this study. The objectives are to: identify the major laboratory contributions to the teaching/learning process from the point of view of undergraduate students and the feelings they express; describe the difficulties they have identified; and analyze the relevance of the laboratory to this process. As part of the inquiry procedure, four core group meetings were held with 26 undergraduate students who had completed the course on Semiology and Semiotics in Nursing, which is the course where the Nursing laboratory is most needed as a learning space. The analysis, based on a qualitative approach, had as fundamental theoretical support studies made by Friedlander and Hayashida, who deal with learning/teaching in the Nursing laboratory, and by authors who favor humanization in teaching such as, among others, Freire, Maturana, Morin, Assmann. Results point toward the relevance of the Nursing laboratory as a facilitator for the learning/teaching process. In their speech the students repeatedly state that the development of procedures in simulated situations enable them to become more self-assured and technically prepared for caring. In addition, they emphasize that feelings such as fear, lack of confidence, anxiety, anguish and panic become diminished at the time of their clinic experience when they have had previous learning in the laboratory. They have also acknowledged that some difficulties of structural nature have become obstacles to a high-quality learning development. In summary, in spite of the difficulties that have been pointed out by the students concerning the use of the Nursing laboratory in the learning/teaching process, they also recognize that this is the locus par excellence where they can develop their skills and appease their anxieties

Segurança do paciente no sistema de medicação: análise de enfermeiros de um hospital de ensino

This study aimed to identify and describe the factors related to Patient Safety in a medication system according to the nurses analysis in a teaching hospital from the photographic analysis method. This was a cross-sectional, descriptive study with mixed approach in a teaching hospital in Rio Grande do Norte. The population consisted of 42 nurses from inpatient units, of which 34 composed the study sample. As eligibility criteria, we defined nurses from public service and nurses who agreed to participate. Ethical determinations were observed, the study was submitted to the Ethics and Research of the University Hospital Onofre Lopes, obtaining the assent with ethical assessment certificate (CAAE 0098.0.051.294-11). For data collection, we used the photographic method (Photographic Analysis Technique) by Patricia Marck (Canada). It was developed in two phases: at first, we randomly captured photos from the medication system, resulting in 282 images; then we selected/processed the photographs, which were reduced to 10 images in Microsoft Excel 2010; in the second phase, the nurses answered the questionnaire divided into socio-professional profile and Digital Photography Scoring Tool (questions a and b ). For analysis of the question a , we used the content analysis technique, and for b , we used the Statistical Package for the Social Sciences 20.0 (temporary license). The socio-professional profile revealed the predominance of females; age group 34-43 years; professionals with specialization; 10-18 years of length of service; and nurses working exclusively in the hospital and who know the Patient Safety. The photographic analysis in relation to Patient Safety resulted in specific categories for each stage of the medication system. Regarding disposal, we identified Proper verification ; Improper verification ; Correct identification ; Disposal in single doses ; and Improper Environment , with predominance of that last category. As for storage: Proper storage ; Improper storage ; Risk of exchange/disappearance ; and Poor hygiene , with special reference to improper storage. In preparation: Risk of exchanging medication/patient ; Inappropriate physical space ; and Inadequate 9 preparation of controlled drugs , highlighting the first category. In drug administration: Lack of Personal Protective Equipment ; Use of Personal Protective Equipment ; Improper administration technique ; Proper administration technique ; Correct drug identification ; Incorrect drug identification ; and Peripheral venous access without identification . From the safety assessment of 10 photographs, by adapting the scores (1-10) to the Likert Scale, we identified three Totally Unsafe (Level 1), three Unsafe (Level 2), three Partially Safe (Level 3), one Safe (Level 4), and no photograph considered Totally Safe. This study identified the prevalence of unsafety in the medication system in the nurses opinion. We were also able to understand that, although nurses identify safety aspects, the most prevalent categories characterize an unsafe assessment. Nursing needs to reflect on its practice, identifying gaps in the medication system in order to achieve a proper and safe care

Análise do modelo de gestão implantado no Centro de Atenção Psicossocial CAPS II OESTE de 1995 a 2005, situado no distrito sanitário Oeste do município de Natal/RN, à luz da Co-gestão

This dissertation has as aim the praxis of co-management of the health service of CAPS II OESTE of Natal-RN, where health workers, family members got to materialize guidelines and principles of psychiatric Brazilian reform in real possibilities of subjectivity construction, whereas they changed social relations in daily life. The path chosen to record was from testimonials and contributions of those who meant their done. Redeeming this story from social representations of the majority of their builders was an instigating, delicate and rewarding task, emphasizing the living memory, rebuilt in a line of time which could not be found in simple documentary collections. Mainly, by knowing that service routine was intense and had as characteristic the singular mobility itself from a creation process and therefore not always its dynamic allowed adequate records. At the same time, from this occurred the field and bibliographic research which allowed the detailed information from the prior milestones and motivated to the practice here reported. The rereading of concepts in an interface with the reports of the interviewees enabled the verification that the model of mental health advocated by psychiatric reform was understood. Once noticed the presence of the beliefs and values of people in motivating energy for the progress of reform, it has gone to fetch theoretical subsidies of administrative order to understand how they saw this building and that uniqueness has been printed. The theoretical way and praxis have tracked here has allowed to analyze how occurred such a process of production and subjectivity and collectives that when organize enabled themselves for analysis and intervention, including in crisis situations. Therefore, it was revealed that ethical and multi-disciplinarity, the humanitarian sense, the coresponsibility, co-production and horizontal management were the key factors for spread from a changing protagonist. One can thus conclude that co-management from that collective has been multi-disciplinary weaving a cross

Um sistema para gestão do conhecimento em ameaças, vulnerabilidades e seus efeitos

Attacks to devices connected to networks are one of the main problems related to the confidentiality of sensitive data and the correct functioning of computer systems. In spite of the availability of tools and procedures that harden or prevent the occurrence of security incidents, network devices are successfully attacked using strategies applied in previous events. The lack of knowledge about scenarios in which these attacks occurred effectively contributes to the success of new attacks. The development of a tool that makes this kind of information available is, therefore, of great relevance. This work presents a support system to the management of corporate security for the storage, retrieval and help in constructing attack scenarios and related information. If an incident occurs in a corporation, an expert must access the system to store the specific attack scenario. This scenario, made available through controlled access, must be analyzed so that effective decisions or actions can be taken for similar cases. Besides the strategy used by the attacker, attack scenarios also exacerbate vulnerabilities in devices. The access to this kind of information contributes to an increased security level of a corporation's network devices and a decreased response time to occurring incidents

Otimização de forma aplicando B-splines sob critério integral de tensões

This work proposes a computational methodology to solve problems of optimization in structural design. The application develops, implements and integrates methods for structural analysis, geometric modeling, design sensitivity analysis and optimization. So, the optimum design problem is particularized for plane stress case, with the objective to minimize the structural mass subject to a stress criterion. Notice that, these constraints must be evaluated at a series of discrete points, whose distribution should be dense enough in order to minimize the chance of any significant constraint violation between specified points. Therefore, the local stress constraints are transformed into a global stress measure reducing the computational cost in deriving the optimal shape design. The problem is approximated by Finite Element Method using Lagrangian triangular elements with six nodes, and use a automatic mesh generation with a mesh quality criterion of geometric element. The geometric modeling, i.e., the contour is defined by parametric curves of type B-splines, these curves hold suitable characteristics to implement the Shape Optimization Method, that uses the key points like design variables to determine the solution of minimum problem. A reliable tool for design sensitivity analysis is a prerequisite for performing interactive structural design, synthesis and optimization. General expressions for design sensitivity analysis are derived with respect to key points of B-splines. The method of design sensitivity analysis used is the adjoin approach and the analytical method. The formulation of the optimization problem applies the Augmented Lagrangian Method, which convert an optimization problem constrained problem in an unconstrained. The solution of the Augmented Lagrangian function is achieved by determining the analysis of sensitivity. Therefore, the optimization problem reduces to the solution of a sequence of problems with lateral limits constraints, which is solved by the Memoryless Quasi-Newton Method It is demonstrated by several examples that this new approach of analytical design sensitivity analysis of integrated shape design optimization with a global stress criterion purpose is computationally efficient

Uma proposta para o ensino de eletromagnetismo no nível médio

This paper aims at building a proposal for teaching of electromagnetism in the secondary level in the state public school in Natal, RN, encompassing at the most possible comprehensive manner the fundamental aspects of electromagnetism. The methodology employed here is prioritize physical concepts rather than instruments (such as the mathematics), which should have the connotation of just tools, or of aids in the context of physics teaching in the referred teaching level. The proposal is to give teachers a consultation resource, from differentiated lesson plans, which have as main focus activities based primarily in texts and active participation of students in the teaching- learning process and the implementation of the PCN+ proposals (BRAZIL, 2000), which suggest alternative ways to make the practice in the classroom more exciting, targeting a significant teaching-learning process for both the teacher and the student. This material was applied during the 3rd and 4th term (i.e., bimester) throughout the school year of 2007, in the State School Teacher Varela Barca in two classes (3V1 and 3V2) of 3rd grade of secondary level. As evaluation of the implementation of this proposal one can cite that students were more secure when to apply the concepts, when conducting the experiments, and less anxious when formal evaluation of the evidence, showing greater motivation when presented to electromagnetism contextualized in their everyday situations. The product of this educational work includes, besides the dissertation, the lesson plans, itineraries and experimental assessment of the instruments used (Annex E to I)

(Con)vivendo em fortalezas: o outro lado do morar bem

The intensification of the fear in the city and in the spaces controlled by this feeling has contributed to a growing socio-spatial inequality, and the rapid growth of market protection. The residential condos emerge as a possible solution to the problem. This is a housing typology expanding worldwide which is seen, especially by the urban middle class, as enablers of quality of life and safety. In Brazil, especially in large cities, the quest for quality of life is directly connected with the desire for security translated through space control (use of high walls, gates, entrance hall, security cameras) and people who use it. This thesis aims at investigating how the different categories of inhabitants of an area predominantly occupied by vertical residential condos realize the socio-spatial dimension and the socio-urban space determined by this type of development. It especially takes into consideration the issue of urban insecurity, based on the assumption that, although published and sold by marketing as safe places , synonym of welfare and supporters of community life , the living in these condos, may even inhibits, social relationships, contributing to socio-spatial isolation and consequent social weakness. This is a survey that seeks to meet the assumptions of Environmental Psychology towards the comprehension of person-environment studies, emphasizing the use of different methods (desk research, observations of and group interviews, focus group technique using photographic resources), as well as the focus on current problems of the urban scene and the knowledge gained in Social Psychology