Universalização do acesso à saúde e regulação dos planos privados de assistência à saúde: a atuação regulatória da ANS como instrumento de harmonia contratual e viabilização do papel suplementar da iniciativa privada na efetivação do direito social à saúde

While essential to human nature, health and life have been protected since ancient times by various areas of knowledge, particularly by the Law, given its dynamics within the regulation of social interactions. In Brazil, health has been granted major importance by the Federal Constitution of 1988, which, disrupting the dictatorial authoritarianism, inaugurating a Social State and focusing on the values of freedom and human dignity, raises health to the condition of a social right, marked predominantly by an obligational bias directed, primarily, to the State, through the enforcement of public policies. Although, given the limitation of the State action to the reserve for contingencies, it turns clear that an universalizing access to public health is impossible, seen that the high cost of medical provisions hinders the State to meet all the health needs of the rightholders. As a result of the inefficiency of the State, the effort of the Constituent Assembly of 1988 in creating a hybrid health system becomes nuclear, which, marked by the possibility of exploration of healthcare by the private initiative, assigns to the private enterprise a key role in supplementing the public health system, especially through the offer of health insurance plans. At this point, however, it becomes clear that health provisions rendered by the private agents are not unlimited, which involves discussions about services and procedures that should be excluded from the contractual coverage, for purposes of sectoral balance, situation which draws the indispensability of deliberations between Fundamental Rights on one hand, related to the protection of health and life, and contractual principles on the other hand, connected to the primacy of private autonomy. At this point, the importance of the regulation undertaken by the ANS, Brazilian National Health Agency, appears primordial, which, by means of its seized broad functions, considerable autonomy and technical discretion, has conditions to implement an effective control towards the harmonization of the regulatory triangle, the stability and development of the supplementary health system and, consequently, towards the universalization of the right to health, within constitutional contours. According to this, the present essay, resorting to a broad legislative, doctrinal and jurisprudential study, concludes that economic regulation over the private healthcare sector, when legitimately undertaken, provides progress and stability to the intervening segment and, besides, turns healthcare universalization feasible, in a way that it can not be replaced efficiently by any other State function.

Políticas públicas, desenvolvimento local e participação social nas instâncias de governança associadas ao turismo no Rio Grande do Norte

In contemporary dynamics, a change is observed in the institutional structure of the state, culminating in several policies for the tourist sector which promote a new management format. The from this view, the Tourism Regionalization Macro Program (TRP), considered a significant program to Ministry of Tourism, arose as an answer to this new reality, having as strategy a joint working of structuring and promotion turned at decentralization of actions, valuing the residents participation in the search of the permanent dialogue between peers and revaluation of places and territories, based in the regionalization process. Based on this bias, this study aims to examine the role of the Tourism State Council of Rio Grande do Norte, with regard to the tourism planning, trying to understand it and solve it as governance Instance, through the Tourism Regionalization Program interventions, given the participation context of its actors and agents. For purposes of this study is delimited as time frame the year 2007 at 2014, understanding that it was this time, there was greater council members accession, as well as different types of sectors representation of civil society, as a result of a tourism public policy based on principles of innovation and participation. In relation to the research problem, this study is conceptualized as a qualitative and the chosen method is the materialist dialectic. Still on the methodological options, utilize the Content Analysis. The results show that the institutionalization of governance instance as the Conetur does not contributes, ideally, in the planning and management process of participatory and integrated tourist activity, facing a fair direction of your space production. The research indicates that there are debates, discussions and guidelines (still in a timely and targeted form), but not reverberates practical effects, by act in a conjuncture that Is strategically designed for political and economic power game, setting the hegemonic actors performance, which uses this arena to instill personal desires and wishes, that are decided in absentia to the council.

A democracia participativa na jurisdição constitucional brasileira: o amicus curiae enquanto mediador democrático no controle concentrado de constitucionalidade no Supremo Tribunal Federal

This master thesis aims to research the tension established between the judicial review and democratic theory which was always present in the constitutional doctrine of separation of powers. In this regard, the expansion of the Brazilian constitutional jurisdiction checked after the occurrence of the Federal Constitution of 1988 and the inertia of the Legislature in disciplinary relevant legal aspects of Brazilian society contributed to a hyperactivity of the Supreme Court. However, in a complex society of context, as is the Brazilian society, there are contained demands and political controversies that hardly would be well represented or resolved through the action of the Court of ministers at the expense of other government bodies. Among the supremacy of Parliament and the legitimacy deficit of these magistrates, is the constitutional text and the social fabric that makes this legal status of the political. Participatory democracy established by the guidelines of the Federal Constitution requires this perspective when the Supreme Court acting in place of concentrated constitutionality control. In a plural society, there is no reason to get rid of state decision moments popular participation. Lack the Supreme Court, this time, the democratizing perception that the institute brings to the interior of the Court, as state determination of space in which to come together and meet the aspirations of society and state claims. The dissertation investigates thus the possibility of amicus curiae Institute serve as a mediator of the democratic debate, to assist the Supreme Court in the preparation of the decision is, historically, that which is of greater legitimacy, from the perspective of a theory participatory democracy. Analyzes, likewise, the unfolding of abstract judicial review in the context of Brazilian law. Proposes, incidentally, a rereading of the separation of powers, with the call for the Judiciary be careful not to become the protagonist of national political decisions. It maintains, finally, that procedural opening the interpreters of the constitution, through the amicus curiae Institute, shows up as able to decrease the legitimacy deficit in the performance of the Brazilian Supreme Court.

Capacidades estatais para implementação de políticas públicas em ambientes federativos: o caso do Programa Bolsa Família

This thesis aims to understand the extent to which state capacities of state governments explain the effectiveness of the implementation of Programa Bolsa Família (PBF) in the Northeast, adopting the implementation of the theory as the main theoretical lens and more specifically the concept of state capacity. Methodologically is a study of public policy evaluation, and categorized as a process of evaluation study or implementation. Given the specificity of the object is classified as a multi case study research covering the states of Sergipe, Rio Grande do Norte and Bahia. In addition to using secondary data, the study used semi-structured interviews with members of Intersectoral Committees responsible for the actions of PBF and the Cadastro Único at the state level, composed of representatives of the areas of the state government of Social Welfare, Education and Health. the main findings related to technical and administrative capacities and policies were found: infrastructure with weakness in human resources, technological and financial resources; intra-governmental coordination with boundaries between PBF and Unified Social Assistance System , and the actions of conditionality of health and Health Unic System Basic Attention; intergovernmental coordination carried out mostly by the distance limitations of displacement and incipient regional decentralization of actions; based monitoring in the municipalities of lower performance and from the parameters placed by the federal government and political capacities; representative political system is hardly accessed by instances of program management; minor social participation and low articulation with related issues advice to PBF; audit control by any outside agencies. The thesis concludes that depending on the capabilities found implementing weaknesses are not unique to the program's actions, but from the very institutional capacity of the systems in which it operates that are the Unified Social Assistance System, the Health Unic System and the Educational System. In other words limitations of their own state capacities of the state governments and the municipal governments of each territory, such as quantitative insufficiency and qualification of human resources, financial and institutional resources, lack instance promoting decentralization (Intergovernmental and intra-governmental) as well the weakness or absence of a network of local social services are also factors that explain the program management performance and state capabilities of arrangements formed by states and municipalities in the PBF, only to partially deal with the complexity of joints involving Implementation of the program with regard to inter and intra-governmental action.

Capacidades estatais para implementação de políticas públicas em ambientes federativos: o caso do Programa Bolsa Família

This thesis aims to understand the extent to which state capacities of state governments explain the effectiveness of the implementation of Programa Bolsa Família (PBF) in the Northeast, adopting the implementation of the theory as the main theoretical lens and more specifically the concept of state capacity. Methodologically is a study of public policy evaluation, and categorized as a process of evaluation study or implementation. Given the specificity of the object is classified as a multi case study research covering the states of Sergipe, Rio Grande do Norte and Bahia. In addition to using secondary data, the study used semi-structured interviews with members of Intersectoral Committees responsible for the actions of PBF and the Cadastro Único at the state level, composed of representatives of the areas of the state government of Social Welfare, Education and Health. the main findings related to technical and administrative capacities and policies were found: infrastructure with weakness in human resources, technological and financial resources; intra-governmental coordination with boundaries between PBF and Unified Social Assistance System , and the actions of conditionality of health and Health Unic System Basic Attention; intergovernmental coordination carried out mostly by the distance limitations of displacement and incipient regional decentralization of actions; based monitoring in the municipalities of lower performance and from the parameters placed by the federal government and political capacities; representative political system is hardly accessed by instances of program management; minor social participation and low articulation with related issues advice to PBF; audit control by any outside agencies. The thesis concludes that depending on the capabilities found implementing weaknesses are not unique to the program's actions, but from the very institutional capacity of the systems in which it operates that are the Unified Social Assistance System, the Health Unic System and the Educational System. In other words limitations of their own state capacities of the state governments and the municipal governments of each territory, such as quantitative insufficiency and qualification of human resources, financial and institutional resources, lack instance promoting decentralization (Intergovernmental and intra-governmental) as well the weakness or absence of a network of local social services are also factors that explain the program management performance and state capabilities of arrangements formed by states and municipalities in the PBF, only to partially deal with the complexity of joints involving Implementation of the program with regard to inter and intra-governmental action.

Locus de controle e a efetividade empresarial em microempresários do estado do Rio Grande do Norte

Entrepreneurs are individuals who can transform economic and social realities by promoting development, so it became important tools in generating externalities in regions where they operate. In Brazil, 59.9% of new ventures do not reach the fourth year of life, the mortality rate of new ventures is high. The causes of mortality are numerous, and within the behavioral aspects, one is the locus of control. This study determines the degree of association between internal locus of control and achieving business success of entrepreneurs in Rio Grande do Norte who participated in the workshop EMPRETEC. The approach that studies the behavior entrepreneurs agreed that there are psychological characteristics associated with a set of values, attitudes and needs that determine the behavior and induce the entrepreneur to achieve success. Among these features is the locus of control, a skill that individuals must identify in their actions, or lack of them, the causes of their successes and failures. The locus is external when the individual attributes to factors outside themselves as causes of their results, and is built in when you can identify the actions that led to success. We surveyed 223 entrepreneurs statewide who answered the questionnaire for assessing the scale of locus of control, selfassessment questionnaire of entrepreneurial characteristics of EMPRETEC and a questionnaire assessing the business success. 71.9% were identified as having success. Among the behavioral characteristics strongest in the group of entrepreneurs are setting goals and commitment. Was found for locus of control mean value of 7.35, confidence interval between 7.05 and 7.66. Showing that the locus of control group is predominantly internal. We also found a correlation between the locus and commitment, between setting goals and commitment; calculated risks and information search; search of information and commitment, and between commitment and independence and self confidence. Dependence was not identified among the set of features and business success, determining the absence of an ideal profile. However, logistic regression significant association was found indicating that the smaller the individual's locus of control increased the likelihood of it achieving business success

Interesses da habitação social : políticas e processos no Rio Grande do Norte

En 2003, le gouvernement brésilien (gestion Lula) a initié une nouvelle phase dans son histoire de l habitation, en intensifiant les constructions de logements sociaux au Brésil. Un tel accroissement a eut des répercussions tant en ville comme à la campagne, et fût marqué dans le Rio Grande do Norte, par la production a grande échelle d ensembles d habitations, dans les programmes de Gouvernement. Afin de viabiliser ces transformations, des instruments politiques, financiers et de gestion ont étés articulés conjointement, utilisant la répétition d une typologie d édification, comme modèle, accompagnée de la reproduction d une morphologie dans les constructions de logements sociaux. Afin de comprendre ce processus nous introduisons une recherche urbanistique et socio-économique du problème du logement social au Brésil, en cherchant à mettre en relation les aspects techniques avec les questions historique, professionnelles et culturelles, éléments complémentaires. Notre analyse cherche a identifier comment les politiques de gestion et financement officielles (administrées dans sa grande majorité par la Caisse Économique Fédérale -CEF-), influencent le processus de conception de projets, en provoquant les répétitions de type/morphologiques, déjà citées. Basée sur l observation directe au cour de deux expériences différenciées pour du logement social en milieu rural, au Rio Grande do Norte, nous montrerons aussi certaines limitations et possibilités des acteurs sociaux, face aux agents et politiques officielles pour le logement social au Brésil, proposant des solutions alternatives standardisées qui caractérisent le résultat des projets financées et gérés par la CEF. Nos principales références théoriques et méthodologiques sont Nabil Bonduki (1998), David Harvey (2009,1982), Henry Lefèbvre (1970), Ermínia Maricato (2010, 2009, 2000, 1987) et Raquel Rolnik (2010, 2009, 2008, 1997)