67 resultados para Fenômeno jurídico trabalhista. Efetividade. Capitalismo.Estado. Ideologia


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Intrafamily sexual violence against children and adolescents is a highly complex and serious issue in terms of the damage caused to this population. However, despite the relevance of this discussion, the matter only began to be addressed in the second half of the twentieth century, with its inclusion in academic research from the perspective of damage caused to the victims. Debate on intrafamily sexual violence against children and adolescents has intensified in recent decades, particularly with the enactment of the Statute on Children and Adolescents (Federal Law 8069/90), which recognizes children and adolescents as rights holders. Open discussion on the issue meant several fields of knowledge began to study the topic. Particularly prominent among these areas is the field of Psychology, promoting theoretical discussions and practical interventions focusing on this type of violence. Given the theoretical and methodological diversity of psychological science and the many possibilities for the production of knowledge, this study aims to map and debate research conducted in the field that discusses intrafamily sexual violence against children and adolescents in Brazil. To that end, articles published in Psychology journals were analyzed. In order to achieve this objective, a search was conducted of Scielo Brasil using descriptors on the subject, chosen from a list reported by Faleiros (2000). The time frame studied was between 1990 and 2013, therefore included the date of the enactment of the Statute of Children and Adolescents. Qualitative analysis was selected as a data analysis technique around two main themes. The first involved analyzing the concept of intrafamily sexual violence based on its components. The second analytical theme addressed the theoretical and methodological strategies used by the authors. The aim was to identify and discuss the approaches chosen to achieve the proposed objectives as well as the justifications provided by the authors for their research. Analyses of these themes were based on theoretical discussions on intrafamily sexual violence against children and adolescents. Difficulties were identified in conceptualizing intrafamily sexual violence so as to include all its elements and differentiate it from sexual exploitation. The studies assessed showed substantial diversity in both the theoretical and methodological approaches used, contributing to understanding the phenomenon. It is expected that this study will contribute to reflection on intrafamily sexual violence against children and adolescents, promoting new studies and/or practical interventions

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This dissertation aims to analyze the social direction in which the Student Movement in Social Work in Brazil (ENESSO) has gone through. This is done considering how the functioning of the National Executive, the Brazilian Social Work Student union has operated. The research analyzed their political position regarding the university as well as professional education in the period of 2003 to 2008. The study s theoretical and methodological object was obtained according to its structural, juncture, and time determinants. All of the mentioned elements considered the contemporary capital crisis and its implications towards the State and Society emphasizing specifically the changes that occurred in the University regarding professional education. For the purpose of data collection and production, a documental and field research was realized. Thus, interviews were done considering one manager of each management period of the ENESSO group in the time span of 2003 to 2008. Some subjects that represented the Brazilian Social Work Teaching and Research Association (ABEPSS) as well as were also interviewed. These subjects have had a relevant role in partnership with these entities and represented students in the contemporary scene. Results suggest that ENESSO has developed work that defends a project of a public, free and laic quality university. This entity also defends a project that considers the 1996 Curricular Guidelines. Currently, there is internal dispute in the social direction of the MESS, this is seen amongst political groups that diverge in opinions related to the analysis done by the Lula government regarding the political role that the National Student Union-UNE has taken in the counter-reform of higher education. This current juncture is seen as extremely individualist and it results as in unfavorable for the collective organization of the working class, especially regarding student movement. MESS has been going through a moment of profound instability and this dimension is being expressed by the absence of national coordinator for the 2008/2009 management period at ENESSO. Even though there are difficulties, it is possible to point out partnership of the entities that represent the national Social Work in Brazil. These partnerships are all related to a struggle and search for the development of a professional project that leads towards the sociability awareness that goes beyond capital.

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This work problematizes the inflections of the offensive of the capital on the work, having as a social-historical context the relation between the productive restructuring and the social reproduction of the working families classes. Part of the presupposition that the reproduction of the capital, to raise deep transformations in the productions, organization of the work and in the social relationships, it also produces determinations in the life and work conditions, in the affectionate relationships and in the family coexistence expressing, so, a subjective way. Thereby, the conditions of reproductions of the work in the scenery aimed by the contemporary capitalism have been demonstrating the crescent impoverishment of the workers, the alimentary insecurity, the shortage of the work, the weakness of the political organization and the regression of the State in the conduction of public policy that characterize the daily violation of human and social rights. In this approach, we seek to contemplate the several configurations of affectionate-sexual coexistence expressed by the family, articulating it to the contemporary work division, pondering about the forms of satisfaction of the needs engendered by the group for preservation of their bonds, in face to the daily adversity which translates to the growing responsibility to assist social d mands and in the impediments to the enrichment of the individuality and human diversity.

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This research analyzes the Rio Grande do Norte care services to women who face violence in the context of contemporary capitalism. To do so, we situate the patriarchy in the set of current social relations and its relationship with the corporate determinations in everyday life. The new functions of the Patriarchy in the capital sociability permeates the lives of individuals and particularizes the relationships of violence which affects women, requiring, in the immediate level, policy-making to face them. The research found an arsenal of contradictory possibilities and limitations in dealing with violence. In this process, forms of struggle and resistance predominate, which appear as possibilities and limits were identified relate to the socio-historical context of regression of the rights, historical moment in which increase the objective difficulties in everyday life to ensure the legal achievements. It is worth to emphasize the achievements and contradictions that characterize the struggle process for rights, linking services to women to the social policies and to the limits they face in opposition to the aims of the State to meet the mandatory requirements of capital, reducing its role as the main guarantor of policies and rights. In this sense, the trajectory of the achievements that have referred to the proclamation of a specific law to deal with combat violence against women, the Maria da Penha Law - 11.340/06, which provides an integrated set of measures that, if implemented, would allow the women protection from relations of violence they experience. We identified in Rio Grande do Norte precarious services that are essential to achieve the Maria da Penha Law. This situation requires a feminist organization to claim the rights that enable women to see themselves as people with rights in the process of collective struggle. This is the historical need for continuity of struggles that accumulate policies for the existence of a new model of social relations of gender. One of the possibilities that are presented in the current context is the impact on the public budget in order to ensure compliance with the budget for public policies for women - woman budget. In this perspective, feminist segments in national and state level have been organized to understand the functioning and monitoring of social policies. This is a condition and prerequisite for ensuring policies to ensure basic rights and the violence combat , which still requires an integrated set of services. The survey results allow us to consider that the struggle for rights is necessary at this historical moment, however it is not sufficient in human emancipation, which requires new forms of social relations that determine substantive equality between men and women. Thus, the feminist movement faces the challenge to organize and strengthen itself in daily life, in order to execute a project that changes the meaning of women's rights, articulated to a corporate project which wants other command in the set of social relations . This study emphasizes the need for a more and more organic connection between feminism and social struggles, to ensure the inclusion of women in anti-capitalist struggle

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The public policies must have as their aimed the primordial at improving quality of life of families of a given population, however, its performance must be constantly monitored and evaluated scoped to ascertain whether these policies are reaching those goals. This work consisted in search of bibliographies and analysis that addressed the historical evolution of the debate on the subject of agrarian reform in Brazil as public policy and on the policy of technical assistance and rural extension, and collecting data in loco, in order to assess whether the actions implemented under this latter contribute to improvements in local development of settlements projects (PA) land reform in the state of Rio Grande do Norte (RN), this given the constant presented criticisms regarding their effectiveness, considering that it is difficult to empirically differentiate settlements they received of those who did not receive the technical assistance services. In this way, was held the data collection for comparison of characteristics (social organization, relationship with the local environment, form of producing and evaluation of technical assistance services) of two settlements in RN, being one you have received the technical assistance services and another who has not had access to these services in the past five years, at least, to confirm whether those who had access to the above services presents best features of social organization and the relationship with the local environment, mainly, which was confirmed in the results obtained, which still demonstrated that no significant differences on the forma to produce and of commercialization in PA studied. It was also found that the problems faced by families settled in PA studied resemble those seen verified in many other Brazilian states, especially as to how to use natural resources in the areas of land reform and the instability of the availability of technical assistance services. Should be guaranteed at continuity and universality of technical assistance services to settlements, seeking a higher focus on productive issues, which provide the income necessary for families settled can have a better quality of life

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This paper aims to analyze the current support structure ready to Local Productive Arrangements (APLs) in the state of Rio Grande do Norte. To this end, it was done a study of major theories dealing with territorial agglomerations: moving from the pioneering concept of Marshallian industrial district to neo-Schumpeterian concepts coming from the latest innovation systems. In a complementary way, there will be a study of the major reasons that brought the crowded productive activities to a central position in the economic debate and the formation of public policy, seeking to understand what the relationship of this phenomenon with the different approaches of regional development policies which are included in recent years. Finally, it sought to understand how the bodies responsible for supporting clusters in the state of Rio Grande do Norte act in the selection and support of these arrangements, analyzing what the main policies implemented and trying to understand what are the main instruments used to support these clusters in the state

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The consumption has become a major pillar of modern capitalism and at the same time, one of the factors that relate to social inequality. Karl Marx developed the theory of historical materialism which maintains a history of society determined by class struggle and the! exploitation of man by man. Considered to be overtaken by those who believe that Marxism is synonymous with real socialism, the Marxist ideals seem more present than in the Western world which each individual takes the individualization (loss of sense of public and collective) and the alienation by the work. Weassumed we could work on these issues in student education, even in elementary school, through questioning of the consumer society, with the criticism of television and the media, the main promoter of the current sense of consumption, as an initial step that could lead to future autonomy of theindividual. The theory of ideology and ideas of Paulo Freire's liberating education theory permeated the experience that happened as a participant observation of groups in the discipline of sociology in the unit 2 of the Colégio Pedro II in Rio de Janeiro, the state capital, an institution under the direct administration Ministry of Education. Wehave found fertile ground in which the students were able to understand and question the meaning of advertising media

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From the second half of the twentieth century the state bega n to use exaction beyond your fiscalist character, also as a means of alignment deformities economic and social balance, influencing in different directions, according to economic, social and political policy. It is what is usually called the extrafiscalit y. It is in light of this phenomenon and the constitutional perspective, the present work aims to analyze item IV of article. 8 of Law n. 6.967/96, regulatory Property Tax Vehicle Automotive (property taxes) in the State of Rio Grande do Norte, in view of its possible incompatibility with the principles of the Basic Statute and with international guidelines for protection of the environment The problem of this research is Seated in art. 225 of the Constitution, which provides that everyone has the right to an ecologically balanced environment. From the reading of this standard, extracted it is the responsibility of the state protecting the environment, which requires the adoption of suitable actions to that end. However, we look to state law cited follows th e constitutional path, since it exempts the collection of property taxes automotive vehicles with over 10 years of manufacturing, which could encourage the conservation of a fleet of old vehicles, mostly more polluting and harmful to the environment and hu man health. Would the state legislature oblivious to the constitutional principles and the global trend of environmental preservation? Thus questions whether such an incentive for more polluting vehicles, emitting more gases in the atmosphere. Moreover, th e international community is already moving through important conventions in an attempt to minimize and control global warming and climate change. Predicting the theme in CF/88 demonstrates that the country is no stranger to the issue. Thus, the work is a retelling of Law No. 6.967/96 order to check whether it is compatible with the existing system. The methodology consists of a documentary, deductive, dialectical literature. At the end of the survey, it was found that provide a tax benefit to these vehicle s is encouraged to maintain them in circulation and contribute to the increase in air and noise pollution, in addition to the traffic problems generated. Thus, this potiguar anything standard can be expressed extrafiscality because the medium and long term there is encouragement and worsening environmental problem. Despite the ability to pay clause, but this remission is an affront to legally protected interests. Thus, this device goes in reverse order compared to the values of the legal system and in relat ion to sustainable development. Modern Tax Law should be used as a tool to achieve the purposes collimated by the State, and not otherwise. It was noticed that the vast majority of Brazilian states does not follow this rule, including Mato Grosso and Minas Gerais have no such exemption. Therefore, the RN State does not constitute a model for sustainable public policies, nor example of environmental protection by state law.

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Equality as a principle and as a legal rule, integrates brazilian constitutional order since the Constitution of 1891, constituting the target always be sought, built and promoted by the state and society as a whole. Also e xs urgem for protection of equality and non - discrimination, declarations and international treaties, mostly ratified by Brazil. The international protection of human beings with intrinsic value began in the UN Declaration of 1948, which declared the equality of all men in rights and dignity, followed by more specific international documents, in a growing movement of ratification of international standards protection of human rights occurs after the atrocities during the Second World War. Within the Internation al Labour Organisation (ILO), the theme of equality and non - discrimination in employment relationships integrates one of its main conventions, to No. 111, ratified by Brazil since 1965, which aims to eliminate discrimination in respect of employment and oc cupation. In this context, lies the collective bargaining work, with her normative instruments arising from the collective agreement and the agreement recognized constitutionally and with full ability to create and establish standards and conditions for de tails of suitable work for each occupational category and economic having the unions the power and duty to use them as a means of effecting the postulates of equality and non - discrimination in employment relationships, filling gaps in state law and / or su pplementing it, molding them to existing events in the capital - job. Driven by greater freedom contained in the Constitution of 1988, trading, and with it, the private collective autonomy, in fact, have included the issue of equality and the right to differ ence between clauses created, scheduled to affirmative action and sealing exclusionary conduct, and reported some positive outcomes, such as greater diversity in work and training followed by admission of persons with disabilities environment. These attitu des of union entities and employers should be broadened because corroborate the fulfillment of constitutional requirements for compliance with the international declarations, adapting them to the reality of labor relations and contributing to the construct ion of equality in the pursuit of social justice with the recognition of the right to be different with respect to the inherent dignity of the human condition.

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The crisis of the model of technical and formal rationality is discussed in light of a paradigmatic change of the Law that arises in the context of recent transformations of capitalism worldwide, proposing a humanization of Law and Justice with a new ethical-political foundation that promotes a reconciliation between the rules that governs the social order and the world of life, a process of society’s emancipation. As empirical cut it is taken the Right of Children and Youth and, in a practical perspective, the recognition and effectiveness of the Rights of Children and Adolescents in Brazil. It is proposed to analyze the process of democratization and legitimacy of the children and youth rights from the study and apprehension of knowledge that advocate a multidisciplinary view of knowledge and a dialogic praxis for construction of a thought able to contribute to the analysis of public policies and to develop strategies that allow a real change on the social thinking about the doctrine of integral protection of children and adolescents. The proposed methodological approach was developed from a dialectical view of science and as a research strategy for data collection of symbolic cartography or cartographic sociology of law and justice. It is shown that in the process of humanization of the Law and Justice there is a gap between the rights and the democratic participation of these rights.

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On the petroleum industry, the State developed the Local Content police as a regulatory action to guarantee the preference of the national supply industry. Observing that, this paper will analyze the Local Content police aware of the constitutional goal of development as wright in the Constituição Federal de 1988. For it, will be used the hypothetical-deductive method for identifying the Local Content police as State strategy of development turn it in the object of critics in a dialectic way of thinking to in the final, present a conclusion about the police. As result was saw that the existent structure of the police at Brazil is inefficient, claiming for a rebuilt. For conclusion, is said that because of the inadequate construction of the Local Content police created inside of the Agência Nacional do Petróleo – ANP, the efficiency of the full potential of the police is been stopped, something that can be only corrected although a re-make of the police

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The citizenship is a fundamental category to the democratic progress and the development and concretization of human rights, in addition to being one of the essential foundations of democratic contextualized in the rule of law of the Federative Republic of Brazil. That’s exactly why the discussion about its concept and content is a paramount requirement to the understanding and interpretation-application-concretization of the Federal Constitution of 1988, as well as its democracy, since there is no democracy without citizenship. That is why the general objective of the research is to determine the characteristics of the citizenship, relating it to the Law, as well as to discuss (critically) its inclusion in the list of fundamental rights and delimitate the scope of protection and the limits of this right, in the context of Brazilian law post-1988 Constitution. The specific objectives are: a) to analyze the concept of citizenship, its extent and scope, contextualizing it historically; b) to examine the evolution of the legal and regulatory treatment of the citizenship in Brazilian constitutions, focusing on the 1988 Constitution; c) assess whether citizenship can be considered a fundamental right; d) to investigate which implications, theoretical and practical, of assignment fundamentality character to the right to citizenship. This research identifies and deconstructs current conceptual confusions, such as the lack of distinction between citizenship and nationality; citizenship and electoral capacity; citizenship and person. It also helps to identify and oppose the generalizations, as well as the excessively abstract associations which tend to purely metaphysical understandings, fluid and empty of any content. The main virtue, however, is the proposed of understanding of the citizenship as a fundamental right and the examination of the relationship between citizenship and human dignity. In this context, citizenship appears as a corollary of human dignity and it goes beyond. This (human dignity) requires equality, non-arbitraries, non-excessive, disproportionate or unreasonable impositions affecting their freedom rights, and, yet, doesn’t affect a minimum core of possibilities of have to a decent life, in conditions of freedom and self-conformation involved in the necessary consideration of the individual as a subject. All of this requires a decision-making process, molded by the citizenship, which reaches the entire development process of possible state interventions, to ensure the person as a subject, the right holder and the objective point of reference of the juridical relations. Thus, the citizenship represents a substantial and beneficial addition to the human dignity, since the emancipated citizen is a person, formally and materially, qualified, to be able to build their own and collectively organized history, to participate effectively in the making processes decision juridical and social

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The Federal Constitution of 1988 gave special treatment to the issue of the environment, raising this diffuse right to the status of a fundamental right. In order to preserve it, the constitutional order is provided with various means to this purpose, including the possibility of using taxation. Several principles both constitutional, as infraconstitucional, support the use of taxation as a legal instrument to protect the environment. There is an intense legal debate about the suitability, characteristics, purposes and principles which underlie and restrict the environmental taxation. Discussions and proposals for reform of the tax system in order to include the ecological aspect at its core have been developed. The use of taxation as a way to fund public expenditures related to environmental causes, promote the internalization of negative externalities and as a way to induce behavior to benefit the environment finds support in the Brazilian legal system. This paper seeks to demonstrate that the national tax system is fully able to act as a tool available to the state for the implementation of the fundamental right to an ecologically balanced environment, whether through the taxes fiscal role or due, mainly, through the phenomenon of extrafiscality. Also, it is intended, through doctrinal, jurisprudential analysis and concrete cases, to investigate whether the tax system can be effective in protecting the environment in the way it is currently constructed, or if there is need to proceed with changes in its structure in order to achieve this goal

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En Brasil, la violencia interpersonal (homicidios) se ha incrementado de forma significativa, convirtiéndose en una preocupación cada vez mayor en todos los ámbitos políticos de la sociedad. Hoy es uno de los más graves problemas sociales y de salud pública. Se refiere a los problemas sociales, ya que interfiere en la distribución de la oferta de bienes y servicios a los ciudadanos; sino también un problema de salud, porque la violencia es uno de los fenómenos que causan gran impacto en la morbilidad y mortalidad del país, y genera un alto costo para el Sistema Único de Saúde (SUS). Esta es una crisis social, que es el resultado de un mundo capitalista globalizado, que exige a todos sus instrumentos de dominación (dinero, poder y competitividad en estado puro), en virtud del cual la violencia y los conflictos interpersonales se materializan en el territorio. El Río Grande do Norte (RN) ha estado siguiendo esta realidad que es nacional, con el aumento de las tasas de mortalidad por homicidios. En este sentido, este estudio tuvo como objetivo analizar la violencia interpersonal (agresión / homicidio), en Brasil y en el estado del RN, para entender cómo esto afecta a su población, en la morbilidad y mortalidad durante los años 2001 a 2011. Para ambos hicimos uso de método descriptivo / cuantitativo para determinar la magnitud, el tamaño, el perfil de las víctimas y los costos del SUS generados por el problema. Como resultado, podemos diagnosticar que en Brasil, la violencia se ha presentado una nueva dinámica regional, promovida por un proceso de interiorización del fenómeno en todo el país, este proceso de internalización se ha reflejado en la última década, el crecimiento de la violencia en el estado del RN, que ha causado un gran impacto en las tasas de la mortalidad del estado. Acerca la victimización, se puede ver que hay un perfil vulnerable formado por, varón, baja instrucción joven, sola y negro. Con respecto a los datos de morbilidad hospitalaria, la demanda creciente del fenómeno genera costes para el sistema de salud, y las graves consecuencias humanas, como la escalada del miedo y la destrucción de una generación de jóvenes brasileños. Por lo tanto, la falta de una política pública para afrontamiento, prevención y mitigación del problema revela el fracaso de la gestión pública, con consecuencias sociales y de salud, tanto individual como colectivamente.