49 resultados para realization


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The realization of human rights is a prerequisite to the development of peoples, this requires legal mechanisms and techniques to its consistent and effective promotion, protection and fulfillment. So, agree that there is an institution or public agency created for the purpose of protecting those who suffer most in the face of human rights violations: the needy. In Brazil, among other institutions and public agencies, the responsibility of the Public Defender to promote the protection of human rights. The constitutional system recognizes the institution in its essence the role of the state court, whose duty is to provide guidance and legal defense of the needy. The legal system as a whole sufraga the relevance of the Ombudsman as a mainspring of human rights. In the prison system, with the ultimate regulatory changes, such as Law 12.313 of 2010 which introduced changes to the Law 7.210 of 1984, the institution must ensure the correct and humane enforcement of sentences and the security measures pertaining to the needy. With the Complementary Law 132 of 2009, to systematize other duties of the Public Defender, highlighting their contribution to the movement of access to justice. Within the OAS, to adopt Resolution 2656, 2011, characterizing, with ruler and compass, the relevance of the Ombudsman access to justice and protection of human rights. In this step, the present study concerns the role of Defender in the legal protection of human rights, through monographic and deductive methods, as there remains a technical and theoretical connection between these two points themed legal phenomenon, since the rights humans, especially after the second half of the twentieth century, form the basis of the legal system of the major Western nations in the world. This led, therefore, the emergence of technical and legal institutions aimed at realizing human rights. This applies to the Defender. Access to justice and public service provision of legal assistance are human rights, therefore, essential to humans and necessary for social inclusion. Countries such as Brazil, marked by social inequality, depend on the structuring of institutions like the Defender, designed to promote citizenship to the Brazilian people

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The reality of Latin America points out that the industrialization and urbanization are complementary processes associated each other. Thus, by consequence of the demographic growth, observes the aggravation of an urbanization completely disordered and without infrastructure capable of guaranteeing rights and basic services to the population. In parallel, the dissemination of information, the valorization of human dignity, promoted by social welfare, and expectations of consumption aggravates the tensions among social actors, leading to the Theory of the Right to Development to worry about the (re)construction of cities. Before this reality, the Federal Constitution of 1988 proposed a participatory urban policy, grounded in the ideal of confrontation of social exclusion of a more comprehensive, represented by the principle of the social function of cities, which must be stratified into four inclusion´s central axes, namely: the social in the strict sense, the economic, the cultural and the policy. The Analysis of each of these dimensions, keeping the focus on reality and the Brazilian legal system, composes specific objectives of this work. Thus, through deductive research, with use of technique bibliographical and interdisciplinary, this dissertation aims to make connections between social function and development, proposing an analytical concept for the proposing an analytical concept for the principle of social function of cities, through the study of its basic elements. With this, purports to demonstrate how results, firstly, that the juridical study, to fully understand the process of marginalization, must maintain multidisciplinary perspective, own social sciences. Also aims to demonstrate that the dimensions of inclusion are formed by fundamental rights, individual and collective, of liberties and of social guarantees and that without respect to all of them there is no way to talk about implementation of urban development and nor, consequently, about inclusive cities. At the end, after checking the main legal instruments of urban policy that emphasize the community participation, provided for in the Statute of the Cities, and that potentiate the breakup of the circles of exclusion, the work want contribute to the clarification and the awaken to the importance of a new perspective democratic of development in the country, grounded in the appreciation of the individual for realization of modern management, decentralized and that, therefore, inserts the effective participation of urban communities in the acting of the State

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The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

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In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health

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In complex federal systems as that found in Brazil, which provides simultaneous attributions to of the Union, States and Cities in many aspects, the definition of performance limits of each of these entities, in procedural or material aspect, generates many (positive and/or negative) competence conflicts, bringing insecurity to general administered. Environmental licensing is one of the most important instruments of environmental management, seeking the realization of the fundamental right to an ecologically balanced and sustainable development. Despite its importance, the environmental licensing has not been more effective due the conflict related to the authority to regulate regardind environmental law. This essay will analyze the structure of competence distribution for conducting the environmental licensing processes, the conflict between laws, the performance of the municipal environmental agencies, the cooperation between the licensing agencies and the future about the additional regulatory law of article 23 of Federal Constitution

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It dares to ensure that the Constitution of the Republic strengthened the rights of personality. No longer considering the denial of protection to intangible rights, against the imperative command coming from the art. 5 ° of our highest law, relevant to items V and X. Overlooking these emerge with precision, those rights of personality. Innocuous have been isolated attempts of the opposition to this constitutional protection. Deny it, or rather to restrict it, as it has done insignificant part of the doctrine and isolated judgmental pronouncements, no longer prove appropriate. Today, more than before, there is pointed out that if the human being has personal rights acquired from the design, adding to this other identity elements that allow the projection of a particular social personality. Such rights, it is worth mentioning, there are bases on the principle of human dignity that is considered general provision for the protection of personality. Based on the demonstration of this fact, after climbing into the general theory of personal rights and demonstrate the legal protection that has been present in his favor, it is hoped will, general objective, to show the effectiveness of this constitutional protection. At that point, will be reserved for special to the procedural tools that it has made a decisive contribution to the realization and effectiveness of the rights of the personality, a reality that must be imposed for the benefit of the dignity of the human person, presented here as basic foundation of the Democratic State of Law. The brazilian legal system provides the normative basis needed to provide an adequate protection to personality, from the general clause of the protection of the personality. For the achievement of its effectiveness, however, is an important update methodological and cultural of the Right as well as an effective deployment of public policies and private ensuring a better quality of life for citizens

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With a focus on the need for effectiveness of fundamental rights of persons with disabilities, this dissertation held a scientific research to analyze the degree of implementation of reservation of positions and public jobs to people with disabilities in the Brazilian State, because the 1988 Federal Constitution expressly determined such a reservation in your article 37, VIII. Highlight that this subject is enough evidence, given the large number of open public competition in recent years in Brazil, as well as recent proposals to grant equal rights to blacks (Bill nº 6,738/2013). In addition, the wording the constitutional device comes fomenting heated discussions on the subject, which are flowing on the doors of the judiciary and are spicy because such protection Microsystem vulnerable group has several gaps in the regulation of this policy. However, the research produced, unlike other related theme, does not address the problem of inefficiency in its constitutional theory, that is, abstractly, but also focuses on a specific analysis of this ineffectiveness within Brazilian society, so that research based on a bibliographical analysis, plus a study case law, at the national level, as well as in field research, while case study, focusing on the technique of the analysis of everyday life, because it was believed that the degree of realization of the constitutional norm debated is not yet a satisfactory degree of effectiveness. Soon, the methodological procedures chosen confirmed such a hypothesis and contributed to the study of realization of the fundamental right to work of people with disabilities in Brazil, the light of a Constitutional State, proposing a constitutionally appropriate model the greater effectiveness of the constitutional norm studied

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During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

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For the development of this research the following general objective has been formulated, indicator of the process of inquiry: To discuss the relation between the attitudinal and the sportive contents presented in the proposal of Curricular Lines for the Physical Education of Young and Adults in Brazil. According to the corporeity and the ludicity, questioning the formation of the professional of Physical Education and delineating the perspective for a sport andragogy that values the Being and the Life. From this general objective, the following objectives, which had given greater specificity to the investigative process, were defined: 1. To create the theoretical context from the corporeity/ludicity axis, articulating transversally sportive knowledge, aiming to contribute for a sport Andragogy; 2. To analyze the objectives proposed for the Physical Education of Young and Adults according to an elaborated theoretical reference and to the testimonies of the egresses of 2005 of the Physical Education course of the UFRN. 3. To interpret the relation between attitudinal and educative content from the academic reality lived by the egresses of the Physical Education course of the UFRN. 4. To understand the most urgent necessities of sustained formation of the egresses of 2005 for satisfactory performance with the Physical Education of Young and Adults. 5. To propose perspectives for the construction of a sport Andragogy from the corporeity/ludicity axis. In attendance to the nature of this research and as form of guiding ourselves in this epistemological adventure, the following ones had been basically and theoretically estimated. 1. Corporeity is a radiant focus, prime and main of educational criteria; 2. The task of the education must be carried through with men and not for men; 3. Man must only play with the beauty and with the beauty he only must play. ; 4. The sportive education must be based on esthetic and fair play. The adopted research approach is of a qualitative nature, using the interview procedure with a group consisting of twelve egresses of the Physical Education Course of the UFRN of the year of 2005.2 After the discussion of the results on the attitudinal objectives and content for the Physical Education for Adults and Young, the study shows nine themes presented by the investigated group as priorities for their sustained formation, aiming at the performance of the professional of Physical Education with the EJA: inclusive experiences; leisure and quality of life; relationships; body and personal care; social values; self esteem; sportive phenomenon; EJA training; attitudinal contents. As a contribution to the construction of knowledge for a Andragogy of Sports, the study presents a metaphorical structure called Galaxy of Knowledge righteous Glamor of integrating nine elements inspired by the Ode to the Sport of Pierre de Coubertin: life, beauty, justice, daring, honesty, joy; Fertility; progress; peace. At the heart of the structure of knowledge is righteous install a system that articulates five principles ludopoiético epistemological function of connecting with the righteous knowledge of the sport that must integrate the content attitudinal proposed for Fitness for Youth and Adults in order to facilitate the realization of their objectives proposed for this method of teaching

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The dialogue represents an essential condition for the complete realization of the Communication. In Paulo Freire we find a concept of dialogue which expresses itself, fundamentally, in two dimension: on one hand, in the confluence of subjectivities; on the other, in action. Dialogue would not be, therefore, a thinking for , but a thinking with . On the other hand, the media, here understood as synonym of technical media of information and expression is spread all over society as synonym of communication media. In this direction, this paper intends to check if the media allows the dialogue, in the heart of the Freirean concept of communication. We start from the premise that it is not possible to come to an answer if we continue to accept the theoretical approach which polarizes the process of communication between emitter and receptor. By using elements of the ethnomethodology such as the analysis of the conversation and the reflexivity, we dived in the school everyday life of educators and students of an elementary level public school in the city of Natal, capital of Rio Grande do Norte, in order to, through some experiences with the media, corroborate Paulo Freire's ideas, stating the mediation made by the world and seeking a bias for the use of the media to enable a more dialogic education

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The present work concerns an auto-ethnographic study based on life experiences and reflections of an educator at Escola Viva Preschool and Elementary-Middle School, located in the city center of Natal, Rio Grande do Norte. As a cognitive model of operation, we use the metaphor of the Circle Dance. The objective of this study is to identify, interpret and describe the ludopoetics that are achieved through a Musical Education program, which we denominate, Humanescent. The data of this investigation was derived from the music making by Preschool and Elementary-Middle School students at Escola Viva during 2007, 2008 and 2009, from which 20 learners were selected to form the corpus, along with the description and interpretation of photos of their experiences and sand tray scenes. We justify the methodological systemization of the research based on our own pedagogical practice, which supports Musical Education in the schools based on the principals of Embodiment, Autopoesis and Flow. The methodological systemization was developed through an Action Research model and on the concepts of Systemic Development, with the goal of re-reading the context investigated through the structuring of categories of Ludopoesis: Self-esteem, Self-territory, Self-connectivity, Self-realization and Selfworth. We used an observant-participant research approach with regard to the perception of emergent knowledge, the surroundings, the experience lived and the contextual and vibration of the circumstances. Besides this, we used projection to interpret the experiences lived, in the form of drawings, short poems, letters or sand tray scenes as symbolic interpretations of experience. In the unfolding of the Ludopoetic Process (Selfesteem, Self-territory, Self-connectivity, Self-realization and Selfworth) we draw conclusions about the relevance of the ludic musical experience, which foments the formation of the self based on music learning, and which is demonstrated in the Embodiment of the learners. In the auto-formative process (of learners and educators) we observe the importance of pedagogical work based on Musical Humanescent Education that gives value to the music making path to the construction of music and performance in play, creativity, and sensibility. The experience of making music in a playful way allows for organization of the self and its autonomous production in the joy of living within a ludopoetic process. These findings highlight the educator as in a permanent state of selfformation, which generates moments of flow. However, in Musical Humanescent Education, music is learned collectively, doing a circle dance, experiencing love, fostering an expansion of the creative spirit, and giving recognition to playfulness as a necessary condition for education and to the value of music made with the true nature and sensibilities of the educators

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The object of study of this thesis is the use of (self)training workshops as a fundamental process for the constitution of the teaching subject in mathematics education. The central purposes of the study were to describe and analyze a learning process of mathematics teachers supported by the training-research methodology, which procedures have been affected with the practice of (self)training workshops as a way of collaborating to the constitution of the teaching subject in Mathematics Education. The survey was conducted with a group of teachers in the city of Nova Cruz, Rio Grande do Norte through a process of continued education realized in the training workshops having as main goal the realization of the group s (self)training sessions in order to lead participants to the extent of their autonomy in their personal and professional transformations. The results obtained in the formative processes have shown the need to develop activities of mathematics teaching as a contribution to overcome the conceptual difficulties of the teachers, apart from their (self)reflections about themselves and the educational processes in which they belong. The results raised some propositions about (self)training workshops that may be incurred in practices to be included in the curriculum frameworks or materialize as a strategy of pedagogical work in training courses for teachers of mathematics. Also, they can constitute an administrative and educational activity to be instituted in the public schools of Basic Education

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This thesis entitled, Attention, Consciousness and Practice of Teaching: A Study of its Interconnects, argues about a relationship between development of attention and consciousness and its connection to the pedagogical practice developed in a public elementary school in Natal city, Rio Grande do Norte state. The research school is located in the south of the city. School activities are developed according with the political pedagogical project. The group investigated was 25 students aged between 8-12 years of the fourth grade. The students of the research are residents of Ponta Negra village, Pirangi and Neópolis districts. The research was effected by three teachers however, the purpose of this thesis was to investigate the relationship between the development of attention and awareness and the pedagogical practice of one of the teachers who participated in the research, and more specifically understand the psychic procedures involved in the development of attention and awareness; enabling conditions for the realization of an educational action that enables the development in terms of focused attention and states of consciousness of students, analyzing their interrelations. Therefore, it was used as methodology the collaborative research by providing elements for research as strategy of formation and development, the coproduction of knowledge, and the change of educational practice through reflective processes effected through the collaboration and critical reflection among participants. For empirical construction, it was used the following procedural elements: meeting, planning, diagnosis of attention and awareness, reflective period studies, collaborative observation and reflection sessions with the participant teachers and the students. The diagnosis of attention was effected through a game and its elaboration was based on the study proposed by Luria (1991). The purpose of the game was to apprehend the stage where students were in relation of a development attention. Concerning the diagnosis of consciousness, it was taken as reference studies by Burlatski (1987), Pinto (1960a, 1960b), Rubinstien (1973), Leontiev (1978) and others studies discussing this topic. As a method of analysis, it was resorted to the dialectical historical materialism, the ability to identify, analyze and explain those contradictions generated in the process. In the analysis procedures were prepared some categories as well as, were used categories by other authors with the purpose of understanding the critical reflective process collaborative evidencing the formation of concepts and pedagogical practice of the participants, and the analysis of a practical pedagogical of a teacher and her relationships with the development of the psychic process and functions of students, in other words, attention and awareness. Regarding the reflective process were used the categories: technical reflection, critical reflection and practical reflection (LIBERALI, 2008). Concerning the analysis of the concepts were used the categories: description, characterization, definition and conceptualization (FERREIRA, 2003). And for critical collaboration were the categories: critical collaboration, uncritical, technique and practice. In pedagogical practice, were used categories: repetitive practice teaching, heterogeneous and reflexive critical (SOUZA, 2010). During the collaborative observation was evident predominance of heterogeneous practice, because the main participant teacher searches for immediate solution to the situations problem, as well as reflection moments, is the technical arrangement, practice, critical, as well as concern in interacting with students, the qualitative changes, deep knowledge, renewal and transformation of the teaching activity. In this process, the collaborative reflection proved to be an effective strategy for developing awareness of students, because through reflection sessions, the students were able to understand that learning is a building process and that it necessary to be careful for their development

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We seek, through this study, to analyze about social representation that the students of licentiate degree course of the Federal Institute of Education, Science and Technology of Rio Grande do Norte - IFRN - have about didactic-pedagogical subjects. We utilize the Social Representations Theory (MOSCOVICI, 2009; 2012; JODELET, 2001) as a theoretical and methodological contribution and as aim, we identify this social representation and understand how it is influenced by the formation of these undergraduates. So we developed the research under the seven undergraduate classroom courses offered by IFRN, namely: Biology, Spanish, Physics, Geography, Computer Science, Mathematics and Chemistry, covering units located both in the capital and in the countryside. While methodological approach we used the Procedure of Multiple Classification (PMC) - (ROAZZI, 1995), whose realization requires a set of words achieved through of Free Technique of Words Association - FTWA - (ABRIC, 1998). For this realization we have a total of one hundred twenty (120) participants, with thirty (30) in FTWA and other stage in the realization of free classification and directed that correspond to the MPR. Achieved the empirical data, we use the analysis of content (BARDIN, 2011; FRANCO, 2007) and multidimensional (ROAZZI, 1995) for the course of his interpretation. Finally, we identify the social representation of didactic and pedagogical subjects centered around the idea that it is through these subjects that can achieve the profile of "good professional" as one who gathers knowledge and attributes required for the full development of teaching involving capabilities it and characteristics that mark the sense of professionalism. Furthermore, we found that the anchoring social representation on the understanding that these disciplines "teach the teacher to be" in the image and its objectification of the "good teacher", ie, one that reaches through the training process and experiences, qualities that make it unique and able to carry full professional. Still see that the actions of the teacher trainer affects the way students perceive, assume and engage in the study of teaching and pedagogical subjects and it reflects significantly the social representation then created

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This study investigates how the reading of fairy tales can be an instrument for reflection on the bullying phenomenon in the live of students. Its relevance is present the work with literature as an alternative to facilitate the understanding of children and young people about this violence practice, on the basis of the discussion moments, mediated in the classroom. Methodologically based in the principles of qualitative investigation, setting itself as a bibliographic research, and linked to the content analysis in order to make inferences and construct interpretations from the study of tales that encourage discussion and reflection about the bullying theme. In this work were selected the following stories: Cinderella 1812) and a One-eye, Two-eyes, Three-eyes (1812) of Grimm Brothers; John-Slapstick (1837), The Storks (1838), and The Ugly Duckling (1844) of Andersen, to make possible a more explicit interface between literature and the bullying theme, providing fertile material for moments of debate. Was taken as the theoretical reference studies of Eco (2003), Jouve (2002), Zilberman (2003, 2004), Lajolo (2001), Rabbit (2008), Bettelheim (2007), Amarilha (2004), Held (1980), Beaudoin and Taylor (2006), Fante and Stone (2008), Middelton-Moz and Zawadski (2007), Olweus (2006), Jares (2002, 2006), Beane (2010), La Taille (2006, 2009) and Piaget (1994). The analysis demonstrated that the characteristics inherent in the literature allow the realization of readings in which the bullying theme can be discussed among students, to contribute positively in the education of children and young people and reflect about violence. This is possible way, especially because of the involvement promoted by the reading of literary texts, allowing that students see, in fiction, possibilities of change