Processo participativo da população na construção da agenda 21 local:o caso de Parnamirim

One of the agreements assumed at the conference of the United Nations for the Environments and Development which took place in Rio de Janeiro in 1992; through Global Agenda 21, was that the signatory countries would create a national Politics of sustainable development, by means of their national Agenda 21. Demonstrating the relevance of municipal districts and the local communities, during the definitions of new development standards compromised to the transformation of the society, socia1ly and environmentally well-balanced world, it was also agreed on that places under the responsibilities of the municipal districts would promote their own local Agenda 21. We need to point out though that the government has the prerogative and the responsibly of facilitating the population participation process in the construction of national and local Agenda. This made it possible again, to plan the scheming process directly towards the insertion of population participation at the different levels, involving the entire local sectors while establishing a new local partnership through the local municipal government. Thus, we decide to verify the participation of the population in the construction of their local Agenda 21, choosing for the study case Parnamirim municipality from RN. The question which originated the objectives and analysis was formulated on the following terms: Up to which stage was the process of population participation effective in the elaboration of Parnamirims's local Agenda 21? Based on this uneasiness, it was defined as the general objective, the verification of population participation process during the elaboration of Parnamirims's local Agenda 21, aiming at its effectiveness as well as specific objectives; to identify the population representivity, the construction of the local AG 21 in order to identify on which level is the participation based, to verify the strategies used in order to promote the process participation, to identify the motives guiding those involved in the construction of the local Agenda 21. This case study at Parnamirim municipal district demonstrated that there was effective population participation as far as the local Agenda 21 is concerned

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 licenciamento ambiental como instrumento de um desenvolvimento verdadeiramente sustentável

Since the second half of the 20th century, mankind concerns about life quality and environment preservation began to grow. In Brazil, the edition of the Law nº 6.938/81, that instituted the National Policy of the Environment (Política Nacional do Meio Ambiente PNMA), contributing significantly to the singular treatment towards the environment by the Federal Constitution of 1988 (Constituição Federal de 1988), can be appointed as a landmark of this awareness. The Law nº 6.938/81, following the line observed on the legislation of some Brazilian States, predicted on its 9th article the instruments of PNMA, among which the environmental licensing can be highlighted. This instrument presents itself as indispensable to the construction, installation, extension and operation of enterprises and activities that utilize environmental resources, seen as effective and potentially polluter industries, or even to those that can cause environment degradation. On a parallel way and as a consequence of this awareness, the concept of development begins to acquire a new shape. The development of a country or a region begins to consider not only economical factors, but also environmental, political, cultural and social aspects. Ecodevelopment, or sustainable development, then, arises. In this way, through research on legislation and on theme related doctrine, this work has the intention of analyzing environmental licensing as a PNMA instrument responsible for uniting economical development and the right to an ecologically balanced environment, that is, by the consecution of a truly sustainable development

O princípio constitucional do desenvolvimento sustentável: análise da sua concretização no Estado do Rio Grande do Norte

The Article 225 of Constitution of the Federative Republic of Brazil in its main body, stipulates that everyone is entitled to ecologically balanced environment and the use of common people and essential to the healthy quality of life, should be imposed on public authorities and the community the duty to defend it and preserve it for present and future generations. Following a universal trend, the letter raised the Brazilian environment the category of one of those values ideals of social order, dedicating it, along with a constitution of rules sparse, a chapter, itself, which definitely, institutionalized the right to healthy environment as a fundamental right of the individual. The national public policies and state should be in line with modern theories of Sustainable Development, outlined within the international society, and certainly instruments that should be made effective through the mobilization of civil society as a whole. The implementation of Human Rights, in fact, depends on a strong political action and not just a legal problem. Thus, this work of theoretical-descriptive nature we will address various dimensions of sustainable development, such as environmental education, water, sanitation, health and sustainable development plans, evaluating its current stage in our state

Os instrumentos de incentivo à produção e uso de biodiesel no Brasil: uma análise constitucional sob o princípio do desenvolvimento sustentável

The recent insertion of biodiesel derived from oily vegetables in the Brazilian energetic matrix calls for the study of some aspects that belong to it. The analysis of the carbonized energetic pattern concerns the paradigm of economic development that is constitutionally enshrined sustainable development which make environmental protection compatible with the needs of the economic rationality. This text is structured according to the ideas of modern hermeneutic that sees substantial value in the principles capable of create a harmonious relationship between law and society. The study of the constitutional principles to conduct a legal analysis about the National Program for Production and Use of Biodiesel - PNPB. The aim of the research is the study of PNPB ahead with the constitutional principles governing the economic order. To achieve this end we studied the sustainable development as a constitutional principle. We start with the notion that the thematic principles, and fundamental to understanding the dimension of sustainable development institute, since its concept is closely related to the applications of the principles enshrined in virtually all the constitutional order of the Western world. Then this was the National Energy Policy, initiating the approach by guiding principles of the National Energy Policy to develop the theme of public policy in the energy sector. Therefore, we studied the National Program of Biodiesel Production and Use - PNPB. From a technical introduction to the concept of biodiesel and a brief historical background, analyzing their advantages compared to fossil fuels predominantly used. Then it became a regulatory overview of the Brazilian legislation on the subject, central to understanding the plans and objectives pursued by the Brazilian government with encouraging the production of biodiesel. Finally discussed the tax incentives for production and use of biodiesel in Brazil. From the idea of federalism, characterized the tax as an instrument of state intervention in the economy. And finally it brought the tax incentives of Law No. 11.116/2005 in the face of the constitutional principles of economy and tax, and tax incentives from projects related to the Kyoto Protocol

O Papel do Estado na promoção do Desenvolvimento Nacional: a utilização do instrumento do planejamento na expansão da oferta energética

The progress of a nation is closely linked to the energy supply that it has to develop its economic capabilities. The dependence of contemporary society for energy requires the continued expansion of the use of renewable energy, and implies coordinated action of the Democratic State in the delimitation of the best ways to make full use of energy. In periods of rapid development, countries need an increment of energy supplies superior to those of periods of regular economic growth. Energy demand generated by the condition of Brazil as an emerging country reveals the need for orderly expansion of energy supply. In reverse, lack of energy planning effectively paralyzes a country and generates incalculable losses in national socioeconomic development. The Brazilian Constitution abandoned the notion of development tied to the simple increase in the gross domestic product. The respect for the environment, sovereignty, national development, and especially the constant and growing supply of energy, promotes the advancement of national economic agents, and quenches the simple accounting increase in energy supply. Constitutional principles condition the rational use of energy potentials, in ensuring adequate supply of energy for the entire national territory. The Brazilian Ministry of Mines and Energy, through its agencies, government offices and companies, establishes and formulates policies and guidelines for energy in Brazil, playing an important role in national energy planning. National development is enhanced by the good performance of the state agencies responsible for planning the energy sector

A questão do petróleo em terras indígenas: uma análise constitucional à luz do desenvolvimento sustentável

Recognizing the need to preserve a national ethnic minority, the Constitution, inspired by the pluralistic values of the Constitutional Law State, stipulated a series of rights and guarantees for the conservation of indigenous cultural singularity, disciplining in article 231 the Indians right to maintain their social organization, customs, languages, beliefs and traditions, as well as safeguarding the rights to the lands they traditionally occupy, and the exclusive use of the wealth existing in them, premise of ensuring their physical and cultural continuity, breaking decisively with the paradigm the assimilation of the Indian national civilization. However, despite the Indian policy of ethnic and cultural preservation, the Constitution allowed the exploitation of minerals in aboriginal territory, incorporated herein hydrocarbons, provided they meet certain predetermined requirements, leaving it to the legislature the discipline of ordinary matter. However, this law has not yet been published, with some projects in the National Congress, leaving thus precluding the indigenous subsurface oil exploration until the enactment of enabling legislation. Meanwhile, this paper carries out an integrated analysis of the constitutional protection of ethnic and cultural uniqueness of indigenous peoples, Convention Nº 169 of the International Labour Organization and the bill presented by Deputy Eduardo Valverde, in an attempt to consolidate sustainable development practices in the sector, through developing a system of social and environmental responsible oil exploration, aligning with national energy needs to maintain a balanced environment and preservation of socio-cultural organization of a minority so weakened and beaten over five centuries of domination

Aplicação dos royalties de petróleo e a garantia constitucional do desenvolvimento sustentável

This paper aims to demonstrate the connection between the application of revenues from oil royalties, exhaustible, even if the long term, and the importance of attempting to the constitutional goal of ensuring the sustainable development, including proposals of regulation. It aims to clarify the constitutional goal of ensure that national development, pointing out its relationship with the right to an ecologically balanced environment, also constitutional provision, demonstrating its important role as a mandatory vector to the Brazilian government. Search the legal nature of the oil royalties and analyzes the regulatory framework of oil royalties, which included extensive legislation, sparse and controversial, a fact that hinders the work of hermeneutist. Pays attention to some international experiences about the application of oil royalties, aiming to establish parameters of other models that can be followed. Exposes the oil royalties as a revenue differentiated, because of its exhaustible character, so that, imperatively, should be used in productive investments, according to intergenerational equity and sustainable development. Proposes a special regulation for revenues from oil royalties with clear criteria for the use of resources, restrictions for its application, as well as controls and sanctions

A tutela constitucional da exploração de petróleo em águas internacionais em face do princípio do desenvolvimento sustentável: a possibilidade de responsabilização civil do dano futuro

The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atlântico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage

Biomassa e desenvolvimento sustentável e sócio regional no Brasil: uma análise à luz da Constituição Federal de 1988

It is verified worldwide an increasing concern with the protection of natural resources in the planet, a fact that became relevant in Brazil since the promulgation of the Constitution of 1988, based on the viewpoint of sustainable development, which seeks to promote economic activities in the country according to the need for conservation and preservation of natural resources for the use of present and future generations. In addition, we seek to reduce the differences that occur in our society by determining as a fundamental objective to be persecuted by the Federative Republic of Brazil the reduction of social and regional inequalities. A value that should also be observed in the context of economic activities developed here, since it is a general principle of financial and economic order of the country. Therefore, considering the exhaustion of world s reserves of fossil fuels, as well as the impacts on the environment, especially for the large emission of greenhouse effect gases, the debate about the need to change the global energy matrix increases while alternative energy sources appears as a bet to fulfill the contemporary aspirations for sustainability, and Brazil emerges in a very favorable position, because it has the essential natural conditions to allow this sector s full development. In this perspective, the work has the scope to analyze how the production of alternative energy sources may act in the search for concretization of constitutional values, to promote sustainable development for present and future generations, and to reduce regional and social inequalities in an attempt to improve the quality of life of the population. It will also be observed the current regulatory framework of alternative energy sources in the national laws to verify the existence of legal and institutional security, which is necessary to guarantee the full development of the sector in the country. And to investigate the expected results, it will be observed through the concrete evaluation of specific practices adopted in the industry, analyzing their actual compliance with the constitutional provisions under analysis, based on the examination of the possibility of using renewable biomass sources for biofuel production, promoting development to the country, indicating the opening lines about how this important sector can act to solve the energy challenge today

Planejamento tributário: Critérios e limites para a desconsideração dos atos e negócios jurídicos pela administração fiscal

Tax planning is a subject that has been increasing in relevance in Tax Law. This current dissertation s objective is to approach the criterion and limits for the disqualification of law acts and business through the Tax Administration. Law acts and business resulted from the conduct of contributors that seek to diminish the growing raise of the tax load, using some means to reduce their burden and increase the possibilities of success in an economical activity, without violating the law in the persecution of paying fewer burdens. On the other hand, the tax administration, through its organs, hoping the increase of burden collection to withstand some determined sectors of the State, with a clear purpose to stop the contributor organizing his activity and structuring it as efficiently as possible, came up with a preliminary draft which left Complementary Law 104, from 10.02.2001, enacted, that inserted the unique paragraph of the National Tax Code, article 116, authorizing the disregard, by the administrative fiscal authority, of Law acts and business practiced to dissimulate the occurrence of burden gain or the nature of obligated incorporating elements, observing the procedures to be established in common law . Our goal is to identify the criteria and limits to disregard law acts and business through the tax administration, pointing out some possible means of action by the tax administration that qualifies it to disregard the contributor s acts and business, just claiming that a saving in the tax costs was made by the contributor s act

O sistema de certificação do etanol brasileiro sob a ótica do princípio constitucional do desenvolvimento sustentável

The gradual inclusion of biofuels is a necessary change that countries must include in their energy mixes. Energy sources still widely used in the world, such as oil and coal, are endowed with a high pollution load to the environment, bringing damages to the water, to the air and to humans as well. In addition, although there are conflicting studies, they are also identified as major causes of the greenhouse effect and the global warming phenomenon. They are, moreover, finite sources of energy, given that its reserves will surely run out. However, even if the introduction of biofuels, such as ethanol, in the energy mix is crucial for the survival of the present and future populations, this insertion cannot settle so disorderly and, thus, one must ensure the quality of these resources and promote transparency in international trade. In this manner, a certification process for ethanol is essential to attest that this biofuel meets the sustainable requirements defined for its production. Hence, this study sought to address the importance of the adoption of certification in the ethanol industry, according to the principle of sustainable development, by analyzing the evolution of its concept, its combination with the fundamental objectives sculptured in the Constitution of 1988, its regulation under Brazilian laws and the need for a balance between economic activities and the mentioned principle. The work also encompassed the criteria used to establish certification standards and their participating actors, combined with a study of ongoing initiatives. Finally, the consequences of the adoption of a certification process for ethanol in Brazil were presented, both in terms of sustainable development and in international trade

Análise da resiliência sócio-ecológica em unidades de conservação de uso sustentável: subsídios para o manejo da pesca artesanal no Brasil

O uso da biodiversidade pelo homem leva a alterações no funcionamento dos ecossistemas, podendo ainda levar a perda de resiliência. Pode-se definir resiliência como a capacidade de um sistema absorver um distúrbio e reorganizar-se, enquanto submetido a mudanças, mantendo a mesma estrutura e funcionamento. Em um sistema social, entende-se como a capacidade dos usuários de recursos naturais de enfrentar e adaptar-se as mudanças nas regras que regem o uso e acesso a estes. Alterações na resiliência, tanto ecológica quanto social, podem ser resultantes das ações de exploração e manejo destes recursos. Assim, torna-se essencial compreender como funcionam as estratégias de manejo e sua interação com a resiliência sócio-ecológica, permitindo a auto-avaliação das ações e possíveis modificações das mesmas. Neste projeto, propõe-se comparar a resiliência sócio-ecológica de três Unidades de Conservação (UCs) de uso sustentável: Reserva de Desenvolvimento Sustentável (RDS) Ponta do Tubarão, localizada no estado do Rio Grande do Norte; e as Reservas Extrativistas do Batoque e Prainha do Canto Verde, ambas localizadas no estado do Ceará. Em cada área de estudo serão escolhidas comunidades pesqueiras, permitindo a comparação entre elas. A partir destas comunidades, alguns aspectos relacionados ao uso dos recursos serão analisados, como atividade pesqueira, dieta e modo de vida. Os dados serão coletados através de questionários semi-estruturados, contendo questões baseadas em aspectos sociais, econômicos e ecológicos. Os resultados obtidos servirão de indicadores para a resiliência ecológica (informações obtidas com base na atividade pesqueira) e social (informações obtidas com base no acompanhamento da dieta e análise do modo de vida). Apesar da similaridade ecológica entre as áreas de estudo, algumas estratégias de manejo distintas em função da categoria da UC podem apresentar diferentes resultados sobre a resiliência sócio-ecológica. Desta forma, compreender como a resiliência sócio-ecológica se comporta, dentro dos sistemas de manejo estudados, permitirá avaliar a influência destes dois tipos de UCs (RDS e RESEX) na promoção da sustentabilidade ecológica e/ou social

O jornal televisivo e o ensino/aprendizagem integrado de português língua materna e francês língua estrangeira

Pour beaucoup de chercheurs, il y a une crise à l école et dans l enseignement/apprentissage des langues qui est provoquée par un enseignement cloisonné et décontextualisé de la réalité. Dans ce type d enseignement/apprentissage, le livre scolaire a une présence si hégémonique qu il est la source quasi exclusive du discours pédagogique et on ne fait que très rarement usage des langages du quotidien des apprenants. Le langage télévisuel est un de ces langages qui pourraient être utilisé pour ciliter enseignement/apprentissage d une langue vivante, variée et en situation, car il permet l exploration de tous les composants de la compétence de communication. En même temps, ce langage pourrait servir à sensibiliser les apprenants à une éducation aux médias. Le journal télévisé peut favoriser un enseignement/apprentissage intégré de la langue maternelle et de la langue étrangère, grâce à son format, similaire dans plusieurs cultures, et à son importance en tant que reflet des valeurs socioculturels des sociétés. Ces qualités sont très favorables pour stimuler le transfert des compétences entre la langue maternelle et la langue étrangère, pour qu on puisse enseigner et apprendre une langue, et connaître une culture. Le journal télévisé est vu comme une source d information et son analyse en classe peut contribuer à la formation d un apprenent/citoyen actualisé, critique et conscient des problèmes et des répresentations des sociétés

Saberes e práticas em experiência de construção da sustentabilidade no meio rural nordestino

The purpose of this work is to analyze the knowledge relationships that articulate in projects of maintainable rural development construction for the paraiban semi-arid, analyzing the farmers daily practices and their relationship with the technological practices spread by ONGs. We took as empirical object the rural community of Lajedo de Timbaúba, municipal district of Soledade-PB, located in the very small region of paraiban Curimataú. It is a community where registers one of the first cases of maintainable rural development planning in the state of Paraíba. The analysis was centered on the farmers experiences of life in sustainability experience, trying to understand how they acquire new knowledge and how they interact with them. In methodological terms, it was considered feasible to place the knowledge interaction between the farmers and technicians from ONGs by placing the analysis according to Paulo Freire s questioning (2006): extension or communication? To understand the farmers daily practices, it was resorted to the theoretical contribution by Michel de Certeau (2008) in order to discern a microresistance movement of inversion/rejection/changing by the farmers in relation to their external knowledge. Just from the theoretical point of view and resorting to the imaginary social by Cornelius Castoriadis (1982), it was considered the way of living of the farmers researched, having as reference the experience in the material and symbolic production of their lives. It became indispensable, therefore, not to dissociate the knowledge relationships between farmers and technicians from ONGs from the sustainability concepts, maintainable rural development, and rural extension. The results of the study revealed that the farmers from Lajedo de Timbaúba while dealing with the technological practices proposed by ONGs that work in the community, express those practices from their daily logic, and they constitute them in survival strategies that are inserted in their own idiosyncrasy. It was verified, therefore, that the external knowledge presented by the proposals of sociability alternatives with the droughts in the perspective of maintainable development while placed in the farmers daily relationship, they are judged as advantageous or disadvantageous when they are confronted with their peculiar way of doing their daily work. The technological practices are incorporated, denied, or recreated starting from evaluative criteria related to the preservation of the soil and to the economical and social reproduction of the unit of production of family agriculture