Quem tem direito à moradia? :uma análise da política nacional de habitação e dos programas de habitação de interesse social (2003-2005)

This dissertation analyses the Brazilian housing policy of today s, focusing on the programmes in the socalled Social Interest Housing Subsystem in order to discuss to what extent the government has been able to grant housing constitutional rights in the country. The discussion is about housing policy and the principles in the country s Constitution regarding the role of housing as a social right, a right that must be granted by the state. This refers to land rent theory to understand the relationship between capital and property and the reasons why, under capitalism, housing becomes a commodity in the market. Then, it discusses the national housing policy, which emphasizes land ownership through financing, that is, via market, a process that excludes all low income population. In the conclusion, it is clear that, although government programmes cover extensively at least potentially the national territory as well as social group, subsidized housing programmes cannot be implemented in the city due to land prices because subsidy is too low. In this way, the law that grants housing rights to all Brazilian citizens is violated

Desenvolvimento e assistência social : uma avaliação da efetividade da política de assistência social nos municípios de Assú e Mossoró (2004 -2008)

This thesis, whose title is DEVELOPMENT AND SOCIAL ASSISTANCE: AN EFFECTIVENESS EVALUATION IN SOCIAL ASSISTENCE POLICY IN THE CITIES OF ASSÚ AND MOSSORÓ/RN (2004/2008), has as main aim to evaluate effectiveness in Social Assistance Policy in the cities of Assu and Mossoró/RN, from 2004 to 2008, identifying its impacts and effects in life of its users. The methodological process for the research was composed by: a) Literature review on this theme, development of public policies; social public policies, public policy evaluation and Social Assistance Policy in Brazil; b) Documental research from Municipal Management of Social Development and Municipal Counsels of Social Assistance in the cities of Assu and Mossoró/RN about the object of this study and empirical field; c) Field Research constituted by the realization of Focal Groups with Social Assistance users and semistructured interviews with municipal managers from Assú and Mossoró. It was also taken into account participant observations in events and activities related to Social Assistance previously mentioned, considering field management and also the response to users demands. Articulating the themes of Development and Public Social Policy in Social Assistance was the theoretical purpose for this thesis. To achieve this purpose, it was performed two theoretical displacements related, at the same time, to the notion of development and to the concept of Social Assistance, which means to comprehend development as social change and improvement in users life quality, expressed in the expansion of their capacities and liberties (SEN, 1993, 2000), and the Social Assistance as an element for development. Such displacements provide a view of Public policy and Social Policies and evaluate National Policy of Social Assistance achieved in those cities. As product, this thesis presents a methodological purpose for effectiveness evaluation in Public Policy, taking into account expansion of capacities and liberties, concluding that Social Assistance Policy in Assú and Mossoró/RN, even in lesser extent had its impact and caused effective results in the life of their users and provided an expansion of their capacities and liberties, improving life quality and empowered agent condition for those subjects. The results show that this Policy has been proved to be effective, and consequently, it was considered, in this thesis, to be also an element and an allied for development

Os embates entre ciência e política na experiência parlamentar de Josué de Castro

This study want to know how Josué de Castro, the two terms of a congressman, participated in the Brazilian political-ideological debate of the 1950s. For this, search the 61 speeches in the plenary of the House of Representatives and its 14 projects, analyzing them as historical documents that describe an experience, which enables the central category amalgamated the subject and his time, which breaks up the possibilities of new social practices. Unity of action and reflection, the experience of Castro in the Brazilian parliament has got on the basis of a previous flow experiences in the political-institutional and scientific. Together with the personal history, the political intellectual scenario of his time was another variable considered in the first chapter of this work. In the second chapter did an analysis of 32 speeches and projects of the first term of Josué de Castro, grouping them by thematic affinities. The 43 for the second term were discussed in the third chapter, leaving the final considerations answer the research objectives: What are the main interlocutors? What are your political positions? What are the points of rupture and continuity in his political career? Josué de Castro spoke to the Brazilian state directly to the president, some ministers and to the SUDENE, the ONU appears indirectly through the reports of his participations. His political position was a national-developmentalist who embraced the cause of self-determination of the countries, anti-imperialism, agrarian reform and regional planning, strongly inspired by Celso Furtado and San Tiago Dantas. Castro often has blended a liberal and Marxist terminology, relying on different ideologies to do support his fight against hunger

Gestão de centros históricos: uma avaliação da política de requalificação urbana de Natal/RN

From the second half of the century XX, in many Brazilian cities, the "historic centers" stop being the most densely populated areas of the city, accumulate degradation of the built environment and its functions have physical, social and economic resignified when also intensified interventions in these same centers Historic focused its redevelopment. This work aims to reflect on the experience of urban regeneration in the historic center of Natal, addressing the strategies adopted in the implementation of public policies and how these improve the effectiveness of actions, processes and outcomes for which turn the management of the historic center in question. In Natal, is identified in the neighborhoods of the Upper Town and Ribeira, the historic city center, a large distortion of their ancient architectural complex, the use of sub-urban infrastructure and emptying in the evenings and weekends. Shares redevelopment of the historic center of Natal are considered late, it is only recently that these neighborhoods were objects of policies and projects generally aimed at enhancing the cultural attraction of the area, and not always, it can be said that they have relevance in development process of the city. Added to this, there is the slowness of the interventions, although the zoning as an area of historic preservation has been done for over two decade. In Natal, the ideas of sustainable development articulated a proposed redevelopment of its historic center is still far from being achieved, but on the other hand, the latest phase of implementation of plans and projects in the area, indicating the intention to transform practical experience in the formulations and proposals in relation to these ideals

Nas sombras da família coelho: a dinâmica de uma dominação política

As one of the most important cities in the state of Pernambuco, Petrolina is settled in the Pernabucanian backwoods, a place that still holds its own traditions and manners. Petrolina s economy is mainly based on primary activities. It s politics is run by Family groups which preserve themselves and remain in power, using the clientelism, which could be said as a give and get practice. That means that the suffrage is a currency to exchange benefits. The present study analyses facts occurred in the political history of the Coelho s Family, which still dominates the local Politics. They persist as heirs of the old system of Coronelism that is maintaining their power structuring a political machine, which is able to make them unbeatable for over fifty years. Despite of a family internal division, it benefits all of them, directly or indirectly. Based on empirical observation, we set a brief historical of the Coelho s family facts, in order to demonstrate the range of their power through the ancestry, which is to say we ve described the local political labyrinths. Our metodological choices were driven by the comprehensive sociology, through the Weberian ideal types, in order to find the answers for the historical, social and political conformation of the facts, in consonance with the reality. According to that, we ve studied the Coelho s political trajectory from 1968 to 2012, considering the election periods. Commonplace: where a new generation becomes active subjects on a new apprenticeship, moral and intellectual. After all, they are all family heirs

Política de assistência social no Brasil: uma análise a partir das tipologias de políticas públicas

The study of public policy typologies is still a knowledge field which lacks more embracing and applicable studies to different sectors. On that perspective, this work, Social Assistance Policy in Brazil: an analysis from the typologies on public policy, pursues to add the relevant literature to social assistance what focus on the public policy ratings. Moreover, it concerns about a study on the the national policy of social assistance implemented by the Brazilian government from the theoretical referrence of the public policy typologies. For that reason, the referential framework of the public policies as well as the analisys of its fundamentals/principles that are indispensable for achieving a bigger goal, that is to tipify the social assistance policy based on the different public policy typologies and characterize it through the main elements which are intrinsec to the social political and economic reality of Brazil. Thus, the issue suggested for the work is: what is the profile and the political trajectory of the social assistance implemented by the Brazilian Government? How it presents, above all, the features of a distributive, focused and lawful policy, the work has been done througho the following hypothesis: the social assistance policy in Brazil has been of universal, assistance, and focusing aspects. For each of those features granted to the social assistance policy, there is a gathering of changes according to the social, political and economic moment of the country and that stands out due to the different institutions within every cyclical period. The work showed that besides the social policy has gone through meaningful changes during the last decades, even though the adoption of the Organic Law of Social Assistance and its rules, some of the mentioned characteristics still remain, as long as the State s primacy goes on being the economic policies over the dubbed social policies. Notwithstanding, the social assistance will build up itself from the materialization of the growing of the social rights related to the State, but also assuming an important role on the amplified reproducing process regarding the capitalist social relations

Ordem econômica e política nacional de recursos hídricos: hermenêutica constitucional para o desenvolvimento sustentável

This research proposes a study about the interpretative techniques application that are compatible with the national legal system under the principles for Sustainable Development characterized in Brazilian Constitution. It verifies the actual possibility of reconciliation between national development and environment protection, with reflections under the water legal protection. It was proposed, therefore, to point subsidies for jurisdictional decisions involving development and the environmental goods, protected as constitutionally guaranteed principles. It was assumed that, both development and environment protection represents basic rights that are eventually placed in conflict situations, considering the many legitimate economic activities within the Brazilian State. A representative case analysis was elected within the current national scene, detailing the judicial and political conflict involving the Transboundery water Project from the São Francisco River Basin to another Northeastern river basin in Brazil. The implementation of several constitutional principles with elements from legal hermeneutics provides subsidies for the legal analysis about the conflict between development and environmental protection. It was assumed that the main discussion item about rights due to development today is the institutions influence and their results, among them the rules, laws and interpretative elements for the constitutional text objectivity, as the institutions credibility and the Supreme Courts interpretations. The use of interpretative resources for specific conflict situations about constitutional principles by Superior Courts, on the search, would bring a contributory factor for decision safety, related to sustainable development principles, elimination of inequalities and regional protecting for the environment. Specific aspects of Law No. 9.433/97 that introduced the National Water Resources Policy were examined, with its instruments, in order to specifically contextualize aspects of the Brazilian water resources management politics

O direito à saúde e a política nacional de atenção oncológica: uma análise a partir da crescente judicialização dos medicamentos antineoplásicos

The 1988 Federal Constitution of Brazil by presenting the catalog of fundamental rights and guarantees (Title II) provides expressly that such rights reach the social, economic and cultural rights (art. 6 of CF/88) as a means not only to ratify the civil and political rights, but also to make them effective and practical in the life of the Brazilian people, particularly in the prediction of immediate application of those rights and guarantees. In this sense, health goes through condition of universal right and duty of the State, which should be guaranteed by social and economic policies aimed at reducing the risk of disease and other hazards, in addition to ensuring universal and equal access to actions and services for its promotion, protection and recovery (Article 196 by CF/88). Achieving the purposes aimed by the constituent to the area of health is the great challenge that requires the Health System and its managers. To this end, several policies have been structured in an attempt to establish actions and services for the promotion, protection and rehabilitation of diseases and disorders to health. In the mid-90s, in order to meet the guidelines and principles established by the SUS, it was established the Política Nacional de Atenção Oncológica PNAO, in an attempt to sketch out a public policy that sought to achieve maximum efficiency and to be able to give answers integral to effective care for patients with cancer, with emphasis on prevention, early detection, diagnosis, treatment, rehabilitation and palliative care. However, many lawsuits have been proposed with applications for anticancer drugs. These actions have become very complex, both in the procedural aspects and in all material ones, especially due to the highcost drugs more requested these demands, as well as need to be buoyed by the scientific evidence of these drugs in relation to proposed treatments. The jurisprudence in this area, although the orientations as outlined by the Parliament of Supreme Court is still in the process of construction, this study is thus placed in the perspective of contributing to the effective and efficient adjudication in these actions, with focus on achieving the fundamental social rights. Given this scenario and using research explanatory literature and documents were examined 108 lawsuits pending in the Federal Court in Rio Grande do Norte, trying to identify the organs of the Judiciary behave in the face of lawsuits that seeking oncology drugs (or antineoplastic), seeking to reconcile the principles and constitutional laws and infra constitutional involving the theme in an attempt to contribute to a rationalization of this judicial practice. Finally, considering the Rational Use of health demands and the idea of belonging to the Brazilian people SUS, it is concluded that the judicial power requires ballast parameters of their decisions on evidence-based medicine, aligning these decisions housing constitutional principles that the right to health and the scientific conclusions of efficacy, effectiveness and efficiency in oncology drugs, when compared to the treatments offered by SUS

Tributação, finanças públicas e política fiscal: uma análise sob a óptica do direito e economia

In the Brazilian legal scenario, the study of taxation has traditionally been restricted to positivist analysis, concerned with investigating the formal aspects of the tax legal rule. Despite its relevance to the formation of the national doctrine of tax, such formalist tradition limits the discipline, separating it from reality and the socioeconomic context in which the Tax Law is inserted. Thus, the proposal of the dissertation is to examine the fundamentals and nature of taxation and tax legal rules from the perspective of Law and Economics (Economic Analysis of Law). For this purpose, the work initially reconnects the Tax Law and Science of Finance (or Public Finance) and Fiscal Policy, undertaking not only a legal analysis, but also economic and financial analysis of the theme. The Economics of Public Sector (or Modern Public Finance) will contribute to the research through topics such as market failures and economic theory of taxation, which are essential to an economic approach to Tax Law. The core of the work lies in the application of Law and Economics instruments in the study of taxation, analyzing the effects of tax rules on the economic system. Accordingly, the dissertation examines the fundamental assumptions that make up the Economic Analysis of Law (as the concept of economic efficiency and its relation to equity), relating them to the tax phenomenon. Due to the nature of the Brazilian legal system, any worth investigation or approach, including Law and Economics, could not pass off the Constitution. Thus, the constitutional rules will serve as a limit and a prerequisite for the application of Law and Economics on taxation, particularly the rules related to property rights, freedom, equality and legal certainty. The relationship between taxation and market failures receives prominent role, particularly due to its importance to the Law and Economics, as well as to the role that taxation plays in the correction of these failures. In addition to performing a review of taxation under the approach of Economic Analysis of Law, the research also investigates the reality of Brazilian tax system, applying the concepts developed in relevant cases and issues to the national scene, such as the relationship between taxation and development, the compliance costs of taxation, the tax evasion and the tax enforcement procedure. Given the above, it is intended to lay the groundwork for a general theory of Economic Analysis of Tax Law, contextualizing it with the Brazilian tax system

A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

Liberdade de expressão artística: concepções filosóficas, fundamentalidade constitucional e política da pluralidade

The right to artistic expression, freedom granted in the western democratic constitutionalism, is a fundamental right that cyclically, compared to other cohesive rights of expression, has been forgotten and put in an irrelevant juridical-dogmatic position. The first reason for this behaviour that disesteems artistic freedom is the valorisation of rationalism and scientificism in the modern society, subordinating academic researches to utilitarianism, relegating the purpose of feelings and spirituality on men s elocution, therefore, we investigate, guided by philosophy, the attribution of art on human formation, due to its capacity in harmonising reason and emotion. After that, we affirm the fundamental right to artistic expression s autonomy in the 1988 valid constitutional order, after a comparative explanation of freedom in the Fundamental Laws of United States, Portugal, Spain and Germany; and the construction historic-constitutional of the same right in the Brazilian Constitutions. In this desiderate, the theoric mark chosen is the Liberal Theory of the fundamental rights, guiding the exam through jusfundamental dimensions: juridical-subjective and juridical-objective. Whilst the first, classical function of resistance, delimitates the protection area of the artistic expression right from its specific content, titularity and its constitutional and subconstitutional limits, the other one establishes it as cultural good of the Social Order, defining to the State its rendering duties of protection, formation and cultural promotion. We do not admit artistic communication, granted without legal reserve, to be transposed of restrictions that belong to other fundamental rights and, when its exercise collides with another fundamental right or juridical-constitutional good, the justification to a possible state intervention that tangentiates its protection area goes, necessarily, through the perquisition of the artist s animus, the used method, the many viable interpretations and, at last, the correct application of the proportionality criteria. The cultural public politics analysis, nevertheless, observes the pluralism principle of democratic substratum, developer of the cultural dialogue and opposed to patterns determined by the mass cultural industry. All powers are attached, on the scope of its typical attributions, to materialise public politics that have the cultural artistic good as its aim, due to the constant rule contained in §1, art. 5º of the Federal Constitution. However, the access and the incentive laws to culture must be constantly supervised by the constitutional parameter of fundamental right to equality

Desenvolvimento nacional, desenvolvimento regional e moeda: notas teóricas à luz da economia política do desenvolvimento

This work analyses the ability of National States and regions have to formulations development strategies. Redeeming the initial development concept as a conflictual process, the hypothesis is that it presents internal and external constraints, as the latter have a higher preponderance, revealed the role played by money. In this case, one can point to as sub-hypothesis that the growth models with external constraint, mainly through the balance of payments, may illustrate the fact that countries are subject to international economic interactions that limit the possibility of bringing acylating strategies well successful in overcoming backwardness. For the specific case of regions, indicates that the external constraint remains an element of embarrassment for regional development, but redeems itself the center-periphery relations in this context to discuss the role of monetary and financial system as an explanation for the disparities regional income. On the domestic front, we highlight the importance of social structures of accumulation as an element of internal cohesion necessary to achieve successful development trajectories. It points also to the importance of the State in the process rescuing some of the main theoretical contributions of the political economy of development, incorporating the concept of globalization on theoretical frameworks presented. This construction where development depends on the actions of external and internal conditions, where money plays a key role as a guideline for reflections on regional development. The attempt was to transplant our considerations on the general development to address the case of regions. Finally, we conclude by greater confidence in the hypothesis and sub-hypotheses of departure, which led to propositions of economic policies

Historiando a política de formação de professores em serviço da UFRN

Les préoccupations gérées par les changements de l éducation nationale poussés par les réformes mises en places par le gouvernement de Fernando Henrique Cardoso, notamment la politique nationale de formation de professeurs, et le besoin de connaître comment ces réformes ont été incorporées par l Université Fédérale de Rio Grande do Norte - UFRN, constituent les questions centrales développées par cette thèse. Cette étude propose à montrer, à partir d une approche socio-historique, la façon comment la législation éducationnelle brésilienne sur la formation de professeurs pour l éducation basique expresse la politique de l État brésilien et, en même temps, comment le PROBÁSICA signifie une réponse de l UFRN à cette politique. En ce sens, cette recherche, selon sa perspective exploratoire, descriptive et analytique a privilégié plusieurs techniques et procédés de collectes des données conforme au modèle de la recherche participative, à savoir : enquête semi- structurée, observations directes, contacts formels et informels; enregistrement des opinions de professeurs, coordinateurs pédagogiques et étudiants; repérage, systématisation et analyses de plusieurs documents. L analyse des données, qui a été faite d une façon fondamentalement qualitative, a révélé que le PROBÁSICA a sa genèse à l intérieur de l UFRN et représente, en même temps, une réponse de cette université à la demande de la catégorie et la politique de formation de professeurs. Nous espérons que cette étude suscite d autres recherches qui développent des discussions sur les relations entre l État brésilien, ses politiques éducationnelles et les pratiques pédagogiques de formation de professeurs

A Associação Cultural Itapetinguense: um projeto de emancipação educacional e política para uma vila (1936-1961)

Este trabajo de pesquisa posee um carácter histórico y documental, teniendo como objetivo la Associação Cultural Ipapetinguense fundada em el año de 1936, por la dedicación de los hombres de la élite ganadera se congregarem para la lectura de los periódicos existentes en aquella época en la villa de Itatinga, actualmente la ciudad de Itapetinga (BA). Conocer la ACI, representó evidenciar sus proyectos direccionados para la cultura y la enseñanza, desde su comienzo hasta el año de 1961, analizando los conocimientos vinculados en esos proyectos. Entre los mismos, examiamos detalladamente a Biblioteca Dr. Orlando Bahia y las iniciativas realizadas para la enseñanza: la Escola da ACI, el Curso de Ciências, Letras e Artes, el Ginásio Alfredo Dutra y la Escola Normal Juvino Oliveira, desde el punto de vista de los conocimientos socializados en estas acciones. Entendemos que estos saberes fueron sembrados por la lectura de los libros da la Biblioteca Dr. Orlando Bahia, lo que nos hizo analizar el acervo de la misma, para así percibir que estos libros fueroan los testigos de los conocimientos de los maestros en quel período de la história de la educación en Itapetinga. Ellos fueron y todavia son, no sólo, los portadores de los contenidos y de los saberes enseñados, mas los reveladores de un proyeto de la emancipación educativa y política para la villa de Itapetinga. Estudiar la história de la Associação Cultural Itapetinguense, sus proyetos dedicados para la cultura y para la educación nos ofreció la posibilidad de conocer la villa de Itapetinga y su trayectoria económica y social, su desarrollo cultural y el camino recorrido en su emancipación educativa y política. De esta manera, las acciones culturales y educativas impulsionadas por la ACI y direccionadas hacia la villa fueroan la posibilidad del progreso, del esclarecimiento y confirmación de uma élite en el ámbito económico y social local y de aumento en el ámbito de los conocimientos y de la educación formal del pueblo en su sentido amplio. Las fuentes citadas para la pesquisa fueron, fundamentalmente, los libros de las actas y los estatutos de la ACI, periódicos locales, y libros de registros de préstamo de la Biblioteca Dr. Orlando Bahia, además de todas las comunicaciones orales em las charlas realizadas

Palmyra Wanderley e a educação da mulher no cenário Norte-rio-grandense (1914 -1920)

The present work has the intention to analyze the contribution of the writer and journalist Palmyra Guimarães Wanderley to the education, throughout her writings in the period between 1914 to 1920. I search through her journalist writings produced in the feminine magazine Via Láctea (1914-1915) her idealization, and as in the newspaper A República e Diário de Natal, in the decade of 1920 establishing relationships with education, mostly because of her production in the pages of the paper articles regarding feminine education and women condition. At the same time I sketch the biographic profile of Palmyra Wanderley relating her to the historical moment that she lived. To achieve the proposed goals I begin with a documental research within the available archives and use other sources like pictures and interviews with her relatives. The results of the research show that the worry of Palmira Wanderley with the education in our state, goes beyond her published writings in magazines and newspapers. She has been ahead of Escola de Comércio Feminino and Aliança Feminina, she has also done a conference in the House of the Young Single Ladies' Protection (Casa de Proteção às Moças Solteiras), institution of the Aliança s responsibility that offered shelter, food, formal and religious education to the workers of the Fabric Factory of Natal (Fábrica Tecidos de Natal). Her involvement evidences her contribution to the historiography of the education in Rio Grande do Norte, specially the history of women education ensuring her presence in the day by day history