Repercussão geral e súmula vinculante: os efeitos no controle difuso

Brazil since its first republican constitution has adopted systems of laws control. The review activity was given to three state powers or functions state, Executive, Legislative and Judiciary. However, it appears that in the country along the constitutional history, has stood considerably the jurisdictional control of the most important control. Initially, back in 1891, Brazil adopted the jurisdictional control of diffuse from U.S, whose role in monitoring of standards is delivered to all organs of the judiciary, which may face a case, put on trial, ascertain whether or not the possibility of applying a law, removing its impact in case of unconstitutionality. In 1969, entered in the second legal model of judicial review, the concentrated control of constitutionality, whose inspiration comes from the positivist theory of Hans Kelsen, and was adopted by the Austrian Constitution of 1920. According to the abstract control the supervision of law is given to a Court or Constitutional Court, responsible for the analysis of the legal constitutionality independent of its application to a specific case. In Brazil the role of concentrated control was handed over exclusively to the Supreme Court, which serves as the Constitutional Court, which accumulates that function with other constitutionally provided jurisdiction. Throughout this period, from 1891 until today, Brazil has maintained a dual system of judicial control of legal constitutionality, where they coexist and harmonize the diffuse control exercised by any organ of the Judiciary, and concentrated control of competence the Supreme Court. However, one must recognize that with the advent of the Federal Constitution of 1988, the concentrated control has emerged on the national stage due to two important factors: the expansion of the legal capacity to sue and the inclusion of other ways control, besides the already known Direct Claim of Unconstitutionality. This concentrated control and projection of the Supreme Court s attempt to become a true constitutional court, led to a relative weakening of diffuse control even when performed by the Brazilian Constitutional Court. In order to become a true constitutional court, all decisions handed down by the Supreme in the exercise of constitutional jurisdiction should have the same weight and the same measure, or at least bring improvement to similar effects, once is the responsible for the final word when it comes to constitutional interpretation. Thus, the writs of certiorari and stare decisis were responsible for profound changes in the diffuse control, allowing the Supreme Court can strengthen its decisions even in the diffuse control. These two institutions have substantially changed the legal status of diffuse control, allowing an extension of the effects of decisions handed down by the Supreme Court, so that you can no longer be said that the effects of this control to restrict the disputing parties in the process

Limites formais e materiais ao controle de constitucionalidade pelo Supremo Tribunal Federal

This document approaches the formal and material limits of the constitucionalidade control for the Supreme Federal Court, iniating with the study of the Constitution, detaching its evolution, nature and meanings, passing for its historical evolution, offering still a unconstitutionality concept. Is work the principles as material Constitution, making the distinction entere principles and rules, detaching the characteristics of the principles constitutional, and the basic principle of the Constituition. It analyzes metodologics the historical parameters and of the brazilian system of constitutionality control and detaches the paper of the Supreme Federal Court as positive legislator. It observes the beddings of the constitutionality control and the legitimacy of the Supreme Federal Court. Is examines the performance of the Supreme Federal Court in face of the principle of the legal security. Is offers a vision on the experience of the control of constitutionality in other constries. It still approaches the control of constitutionality in Brazil, detaching the critical points of its formal and material limits. Is verifies the application of the principles constitutional for the Supreme Federal Court in the diffuse control and the intent control of constitutionality, as well as the performance of the Supreme Federal Court ahead of the unconstitutional omissions. It brings to the debate the new perspectives how much to the formal and material limits of the control of constitutionality for the Supreme Federal Court. Objective to elaborate considerations concerning the limits of the constitutional jurisdiction from the model of Constituition, the character politican of the difficulties with respect to the definition of its formal and material limits from the performance of the Supreme Federal Court

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 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

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

Arranjos produtivos globalizados: o caso do APL da fruticultura de melão de Mossoró - Baraúna-RN

This study discuss the issue on Clusters Global, the productive arrangement of fruits melon Mossoró/Baraúna in Rio Grande do Norte, located in the Potiguar semi-arid RN, is entered in the arket international level, the job serch, from the benchmark neo-schumpeterian, strongly condensed and absorbed in Brazil by focusing on Local Productive Arrangements set out by the Reseatch Netwoark on Sistemas Produtivos e Inovativos Locais (REDESIST), understanding the extent to which innovation efforts, and as interactions between the main actors that make up this APL in particular, account for its global insertion. The methodology includes the application of questions to the producers of melon arrangement as well as interviews with the main responsible for the support, promotion and financing. In conclusion, there is a significant interaction between producres and actors of the arrangement, a fact that contributes to the integration into the international market together with the implementation of relevant innovations. Finally, it is pointed out the need for public policies directed to the production of melon because of its relevance to the exports of Rio Grande do Norte

Diferenciais de rendimentos por gênero: uma análise dos efeitos composição e estrutura salarial no Brasil (1976, 1987, 1996 e 2009)

This study aims to analyze the income differentials by gender in Brazil, in the years 1976, 1987, 1996 and 2009. Specifically, there are two objectives. First, attempt to analyze the importance of the effects of composition and wage structure in the job market. In the second, to verify which socioeconomic variables explain the effects of composition and wage structure in the job market. The information in this study was obtained from the microdata of Pesquisa Nacional por Amostra de Domicílios (PNAD) regarding the respective years. In the first stage of the methodology we used: the index of income distribution Theil-T; the income gap decompositions proposed by Oaxaca (1973) and Blinder (1973); and Firpo et al. (2007). In the second stage we applied the RIF regression method (Recentered Influence Function) of Firpo et al. (2007). The results show that income inequality is higher among men than among women in the country. It was observed that the component of inequality between people of the same gender represented the largest share in the decomposition of income inequality between genders. It was found, in the decomposition of the average income, a downward trend of income gap, but the differential remains favorable to the men. We noticed that the impact of the composition effect in reducing the gap was offset by the positive effect of wage structure. Regarding the distribution quantis, income differential between genres appeared greater at the bottom, in the years 1976, 1987 and 2009; and at the top of the distribution, in 1996 featuring, respectively, the sticky floor and glass ceiling effects in Brazil. As for the decomposition of the RIF, it turns out that the composition effect assisted in the downfall of the income gap between 1976 and 2009, but was offset by the positive effect of the wage structure in quantis 10th, 50th, and 90th. The main socioeconomic variables influenced the drop in income gap were: the composition effect, the manual labor occupations, service sector and low-grade and high school, and the wage structure effect, schooling low and high experience professional and technical occupations and urban centers

Humor gráfico: o sorriso pensante e a formação do leitor

This research investigates the graphic humor, in particular the political cartoon and the cartoon, texts characterized by mixing visual-oral language, and its contribution in the formation of the reader. Recovers the main theories about the comicality in general and verifies the presence of these concepts into the texts of graphic humor and how they articulate themselves within the process of seducing the reader. Grounded in the studies of Umberto Eco about the cultural industry products and its relations with the literary theories and the aesthetics reception. After analysing texts of graphic humor, the study concludes that the triad, image-word-humor reveal a sophisticated arrangement which allows the reader to practice effectively the political cartoons and cartoons of production, of sense, cooperating in such a singular manner to the formation of a reflexive reader

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

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

Aspectos cognitivos dos manuais de instruções: um estudo de caso em aparelhos de DVD

This work aims to present an investigation on the level of understanding in the informative texts enclosed in manuals of instructions of a DVD set, trying to identify what makes consumers use or not manuals of instructions which accompany the products. It analyses factors that affect the motivation to use manuals and, linguistically, to verify whether the language used in the manuals is adapted for the understanding of the information by the consumer. Under an ergonomic approach, the research tries to recognize whether it is accordance in the information contained in manuals. According to the production engineering, it is very important to insert the best production practical and administration of the product in the companies, aiming the best competitiveness, The present study suggests a route to evaluate manuals of instructions of a DVD set, using for that a questionnaire with closed questions and an open one, applied to students, employees and teachers of an agricultural school bonded to Rio Grande do Norte Federal University. The results can contribute to provide helps to industry in presentation quality betterment of its information, and becoming the consumer integral part of that improvement process

Gestão agroindustrial: um estudo sobre o modelo SEBRAE-RN de produção de mel de abelha no Rio Grande do Norte

The present study makes an analysis of the Development Program of Beekeeping on Rio Grande do Norte, evaluating the model of management implanted for the SEBRAE/RN in the production of bee honey in Rio Grande do Norte; on the basis of the annual reports emitted by the company in 2003, 2004 and 2005 a discerning survey is done in order to identify to the positive points and the possible imperfections that need to be readjusted, or to be substituted for the success of the program; a bibliographical study of the main authors of the subject with the purpose to gound the study, necessary base for the good performance of this work; the study made with the reports identifies some readjustments that need to be corrected, that will be suggested in the end of this study. However the work developed for the SEBRAE/RN is of good quality and the identified negative points do not compromise the good performance of the program, but it can delay the success desired; Despite the studied reports being inconsistent in some points, it can be identified significant improvements with the result of the work developed for the SEBRAE/RN, among others the creation of financial alternatives for the agriculturists who deal with the beekeeping, the employment, income and development of the enterprising capacity of the producers. However, is verified that it would have to exist more efficient ways that made possible a bigger interaction among the managers of the program and the participant public so that the continuous and necessary improvements were made to any well guided project

Avaliação de programa de ginástica laboral e desempenho funcional: um estudo em empresa distribuidora de energia elétrica

This thesis treats of a avaliation of a laboral gimnastics program of a electrical energy enterprise from Rio Grande do Norte. The leading aim of this work is to analyse the laboral gimnastics program with emphasis on functional performing and personal changes of staff of different categories. The work shows two divisions: at first, it was carried out the bibliographic study approaching the concepts and historic about the ergonomy and the main focus of study, the laboral gimnastics , performing factors and lifestyle.The second time , it was carried out the field study where was used a questionnaire to a 160 staff population which participate of laboral gymnastics program; then the data were analysed through three statistics analyses: multivaried__ clusters, qui-quadrado and multiple linear regression. The results aim to the confirmation that the laboral gymnastics program developed two years ago on enterprise proposes to the white-collar and operational workers an improving on their functional performing and also, to the changes in some aspects of lifestyle, like the food, leisure and stress level. In conclusion, it was checked that the investiment in life quality programs offer benefits both to the staff and the enterprise which will account with good services and satisfaction of customer. Therefore, it was concluded that the laboral gymnastics while a ergonomic tool and a physical activity, it is an investiment which needs more and more to be strengthened and inserted by many segments of society

Determinação dos parâmetros do controlador preditivo generalizado com função de pesos variante no tempo através de algoritmos genéticos

The predictive control technique has gotten, on the last years, greater number of adepts in reason of the easiness of adjustment of its parameters, of the exceeding of its concepts for multi-input/multi-output (MIMO) systems, of nonlinear models of processes could be linearised around a operating point, so can clearly be used in the controller, and mainly, as being the only methodology that can take into consideration, during the project of the controller, the limitations of the control signals and output of the process. The time varying weighting generalized predictive control (TGPC), studied in this work, is one more an alternative to the several existing predictive controls, characterizing itself as an modification of the generalized predictive control (GPC), where it is used a reference model, calculated in accordance with parameters of project previously established by the designer, and the application of a new function criterion, that when minimized offers the best parameters to the controller. It is used technique of the genetic algorithms to minimize of the function criterion proposed and searches to demonstrate the robustness of the TGPC through the application of performance, stability and robustness criterions. To compare achieves results of the TGPC controller, the GCP and proportional, integral and derivative (PID) controllers are used, where whole the techniques applied to stable, unstable and of non-minimum phase plants. The simulated examples become fulfilled with the use of MATLAB tool. It is verified that, the alterations implemented in TGPC, allow the evidence of the efficiency of this algorithm

Análise de antenas de microfita em rampa com múltiplas camadas dielétricas

The present work deals with the ana1ysis of microstrip patch antennas printed on tapered dielectric substrates. We investigate the influence ofthe substrate height variations on the properties of configurations such as microstrip patch antennas, microstrip patch antennas with overlay and suspendeô microstrip patch antennas. The dielectric substrates can be isotropic or anisotropic ones. This accurate analysis is based on the full-wave formulation. It is carried out initially for the determination of the impedance matrix, through the use of the spectral¬domain immitance approach. We use a model based on a segmentation of the considered line into uniform microstrip line subsections. Normalized phase constants and characteristic impedances are obtained by means of the Galerkin numerical technique. Then, the cascaded combination of the uniform microstrip subsections are analyzed through an interactive procedure. Numerical results are presented for the input reflection coefficient, voltage standing wave ratio, resonant frequency, and radiation pattems ofthe E_plane and H-plane diagrams. It is found that the variations in the substrate height profile produce a great influence on the bandwidth of microstrip antennas. This procedure gives bandwidth improvements without altering considerably the resonant frequency. Furthermore, the tapered microstrip antenna can be used as a lightweight altemative for bandwidth control and to eXtend the use of microstiip antenna technology to a wider variety of applications. Finally, suggestions for the continuity of this work are presented

Contribuição para o estudo do embarque de uma rede neural artificial em field programmable gate array (FPGA)

This study shows the implementation and the embedding of an Artificial Neural Network (ANN) in hardware, or in a programmable device, as a field programmable gate array (FPGA). This work allowed the exploration of different implementations, described in VHDL, of multilayer perceptrons ANN. Due to the parallelism inherent to ANNs, there are disadvantages in software implementations due to the sequential nature of the Von Neumann architectures. As an alternative to this problem, there is a hardware implementation that allows to exploit all the parallelism implicit in this model. Currently, there is an increase in use of FPGAs as a platform to implement neural networks in hardware, exploiting the high processing power, low cost, ease of programming and ability to reconfigure the circuit, allowing the network to adapt to different applications. Given this context, the aim is to develop arrays of neural networks in hardware, a flexible architecture, in which it is possible to add or remove neurons, and mainly, modify the network topology, in order to enable a modular network of fixed-point arithmetic in a FPGA. Five synthesis of VHDL descriptions were produced: two for the neuron with one or two entrances, and three different architectures of ANN. The descriptions of the used architectures became very modular, easily allowing the increase or decrease of the number of neurons. As a result, some complete neural networks were implemented in FPGA, in fixed-point arithmetic, with a high-capacity parallel processing