65 resultados para Recepção Constitucional
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The focus of this thesis is children's reception to literary texts starting from literary livelihood in an inclusive literary context, looking for the possible evidences that are present in the construction as reader/hearing of literature. Based on a study case, we search the ways of participation of a child (girl) with intellectual deficiency in situations of offering and reception of literary texts, looking for the understanding and explication of some aspects of her processing and the building up of an initial reader. The data were taken starting from observations in moments of reading and story-telling in the period from November to December/2008 and May to June/2009 in a public school of children education, in Natal- Brazil, in which there was a registered student showing intellectual deficiency associated to Down syndrome. As research tools we used: field diary, interview scripts and video recordings. The analyses were based on research from Amarilha (2001, 2006a, 2006b), Bettelheim (2007), Coelho (2008), Iser (1996), Jauss (1979, 1994), Luria (1990a, 1990b), Vygotsky (1991, 1993), Wallon (2007, 2008) amongst others. The research showed that although expressing little verbalization and limited levels of attention, body attitudes, movements and talks of the child under investigation, denounced engagement and rendition to the sonority of the texts shared. These data gives us traces that, under a mediating action, the child with intellectual limitation can turn into a reader/hearing subject of literature, developing a sensitive and a selective attitude towards the literary text. Amongst other aspects, we identified that (1) a conception of deficiency present through the school that recognizes his/her potential of developing and learning (2) the situation of sharing, that favours a relation with the texts through the other, and (3) the relevance of orality providing the semantic paths that help the child in the building up of meaning, presenting themselves as fundamental to her/his viewing of the literary text, and, therefore, the formation of the reader. Thus, recognizing her/his capacity and possibilities, we think it is important to guarantee to the child with intellectual deficiency, a space towards interaction with the fictional text in which the child can learn and live its ludic and interactive character, to enjoy its hearing abilities, benefiting, then, from the aesthetic experience lived, mainly, in collective situations mediated through the more experient reader and shared with her/his different pairs. The research shows yet that, looking after conditions that guarantee a comfortable environment to the story hearings in the classrooms that focus on children education, being aware of a selection and the prosody of stories, the didactic contract, the attention to individual reactions, enlarge the possibility of any child deficient or not to enjoy her/himself as reader/ hearing subject of literature, engaged in its richness and magic
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Conselho Nacional de Desenvolvimento Científico e Tecnológico
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L'obiettivo principale di questo lavoro è valutare le difficoltà di comprensione e di identificazione nella ricezione da parte della cultura italiana dell'opera Grande sertão: veredas, da quelle trovate, in modo pionieristico, dal traduttore italiano, a quelle che sono state percepite e indicate al momento della lettura dai critici, dagli accademici, dall'autore di questo lavoro e, soprattutto, dai lettori comuni, mostrando, allo stesso tempo, che i problemi avuti dagli italiani nella traduzione esistono, sotto certi aspetti, anche per i brasiliani urbani, poiché la dimensione linguistico-geografica presente nel romanzo è così peculiare, che perfino molti lettori di lingua portoghese ignorano il mondo plasmato dal linguaggio di Guimarães Rosa rivelando una esacerbazione della questione universale espressa nella formula "traduttori, traditori". Partendo da tutto ciò, abbiamo cercato di dimostrare che, sebbene la traduzione di Edoardo Bizzarri abbia raggiunto un eccellente risultato, l'opera rosiana, così come nella poesia e di più di qualsiasi altra narrativa, comporta, nel passaggio da un idioma all'altro, perdite irrimediabili, tanto relative all'armonia musicale e ritmica, quanto alla richezza semantica che si occulta nel testo originale
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This dissertation is the result of the development of a two-year research entitled POTIGUAR ACROSS THE COMMUNICATION: MEDIATIZATION AND SOCIAL PRACTICES. Or as the reception of the political agenda unfolds in social practices of the Pau dos Ferros, showwing Pau dos Ferros as a provincial oestano of Rio Grande do Norte, now living a meaningful set of social transformations, which interact with practices media that have just mediatized new public policies in the area of Technical Education and Higher Education. Thus, with the introduction and expansion of state and federal public policy of democratization of Technical and Higher Education in the period 2002 to 2010, the phenomenon of migration of students from elementary and high school, before existing in the region has changed significantly in that Pau dos Ferros polo is made. The concentration of the media city in the hands of politicians, in their favor, and the emergence of new midiatizações are contributed to the formation of this (non-migration) and other social practices, reinventing and rearranging the schedule of the ideas and concepts about the educational practices. Our goal is to observe the relationship of interaction between media, politics and education and examine how young students are realizing this interaction. Under the prospects of receiving the light of Cultural Studies, strolling our research primarily on the technique of focus group data collection
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In itinerant film projects made in Brazil, the unique experience of watching movies on the big screen is held in open spaces, through the establishment of a contemporary ritual, under which the presence of spectators is primordial. Considering this dynamic of the performance of itinerant cinema, the main objective of this research is to analyze the process of reception of the spectators of the sessions of Cine Sesi Cultural, conducted by the Social Service Industry - Sesi, in Rio Grande do Norte state. The body of research was composed by the audience of the movie sessions of the edition developed in 2010. Analyses were made from the look on the specific audience of open sessions of this cinema project throughout a case study. Theoretical authors of Latin American as Jesus Martin-Barbero, Guillermo Orozco, Eliseo Veron and Nestor Garcia Canclini, which have important theoretical basis for the analysis of research on the cinematographic reception of the spectators, were taken as a basis. In this discussion are associated with contributions from Brazilian authors as Roseli Paulino, Fernando Mascarello, Mauro Wilton Souza, Nilda Jacks and Carolina Escostesguy. Besides the reception study, the research focuses on aspects that relate to and explain the circumstances in which itinerant cinema emerges as an alternative exhibition, for example, the context of the exhibition of films in the country, lack of public policies in the audiovisual sector, and mainly the closing of movie theaters in the inner cities of the country and the consequent migration of these rooms to the malls. Seeking to reduce the existing gap in the studies of the reception of spectators to the cinema in the country, this research presents a deeper analysis of the reception of the public of the itinerant cinema as a contribution to an important database for the diagnosis of projects such as the Cine Sesi Cultural
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Subjective and socially constructed instance, the memory is not a natural phenomenon, but an area of contention between various social organizations for control and legitimation of a past. With the development of writing and the advent of new technical devices, it creates new ways to store and transport information. The memory is no longer restricted to the limits of the here and now of the subject and undergoes transformations. In this scenario, the media start to play an important role in publicizing and construction of embodiments of memory. This study aims to analyze the conformation of the memory of political groups during the process of receiving audiovisual fiction. For this purpose, a corpus of four chapters of the soap opera Love and Revolution was used as a cognitive device for remembering. The television series, broadcast by SBT between April 2011 and January 2012, went back to the beginning and development of the military dictatorship in Brazil, in the cities of Rio de Janeiro and São Paulo. Three militants of various affiliations Communists who acted against the regime in Rio Grande do Norte and neighboring states, were participants in this study. Using the method of oral history, the research was divided into two stages: in-depth interviews, which dealt with the history of life of employees with the militancy in the Communist parties and other social movements, and the assistance of a drive dramatic soap opera Love and Revolution. Comparing these two phases of the study, we analyze the flow of mediations that crossed memories of militancy and media framework; shifts the narrative of remembrance during reception, and the opposition between memory and represented the experiences of the receivers
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The concern with issues related to consumer protection has emerged in North America and then spread throughout the world. In Brazil, consumer‟s rights and interests only gained greater importance after their consolidation in the Constitution of 1988 and the enactment of the 8078/90 Law (Consumer‟s Protection and Defense Code), which established the consumerist microsystem. The understanding of the legal relationship of consumption concept is necessarily connected to knowledge of the elements that compose it. Among these, we can find the consumer and the provider (subjective elements), the product or service (objective elements), and the consumer‟s condition as final receiver of the consumption object (finalistic element). In order to elucidate the configuration of consumer protection before advertising communication, this work will analyze the advertising through the prism of consumerist laws, conceptualizing it and presenting a differentiation of it in relation to practices such as marketing, offer and commercial communication as well as examining its several kinds of manifestation, focusing mainly the ones categorized as misleading or unfair advertising. All kinds of advertising communication against the consumerist microsystem are subject to judicial control exercised by the State. Besides individual protection possibilities, this state-owned control can be collectively exercised as a result of the utilization of public civil action and popular action. Some specific categories of advertising (smoking products, alcoholic beverages, pesticides, medicines and therapies) are still subject to a set of particular restraints provided by the 9294/96 Law, which enables the performance of a special control in relation to them. In addition to state control, there is also a system of advertising communication self-regulation, which develops itself through the actions of the National Council of Advertising Self-Regulation that are based mainly on the laws established by the Brazilian Code of Advertising Self-Regulation and its annexes. However, this system of advertising self-regulation still has some deficiencies that hinder its effectiveness
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This study is developed in setting in which the Federal Constitution of 1988 completed 22 years of validity, as well as in general elections (national and state) in country. From this perspective, there are multiple reflections, especially on the constitutional mechanisms of popular sovereignty consolidation, the integrity and legitimacy of elections and democracy itself. It has appeared timely, therefore, to examine the development of ensured instrument of these precepts. Thus, it is approached as an object of research to Action of Impugnation to the Elective Mandate- AIEM, under Art.14, § 10 and § 11 of the Constitution of 1988, considering its constitutional and electoral reasons. It is then aimed to review the second AIEM conceptions of scale, systematic interpretation, preservation of constitutional rights and its effectiveness. Specifically, it is analyzed the Action as to the forms of power that relate to this. then it is examined the democracy principal aspects related to the issue. Without being followed, it is the democratic situation in which it is operated. They are also examined the political rights, especially regarding restraint applied to ineligibility and the possibility of integrating the effects of an impugnatory origin. Following, it has been discussed the formation of an early panorama, consisting of constitutional principles applied to electoral constituencies and eminently procedural principles and, according to which subsidizes the operations of such Action. After that, addressing the Election Law, including its concept, its sources, the Electoral Court and its peculiarities and functions. It is also considered the elective office as to its definition, characteristics and ways of accessing and extinguishing it. Afterwards, the Action of Impugnation is studied from its historical evolution of laws, legal, concept and goals. Expanding on the theme, it s highlighted about their chances of traditional appropriateness (economic power abuse, corruption and fraud) and modern (abuse of economic power intertwined with political) business, including the suggestion of suitability in case of abuse of unique political power. It was also identified the injurious potential demand affecting these illicit to enable the Action. Subsequently, other relevant aspects were explored, such as the legitimacy ad causam, competence, secrecy, procedure, recklessness, bad faith, the purpose of the merits and manageable resources. In the end, it is demonstrated an evolution of AIEM, however, still insufficient to reach full intentions that rise it. It is proposed therefore to re-read the action from news perspectives, based on constitutional and electoral precepts, as well as wider interpretation of the appropriateness of their assumptions of suitability and effects, according to a systematic interpretation, all aimed at the preservation of constitutional rights and their own effectiveness
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The work presented here is the result of research on the issue of human rights in the face of conflicting issues such as the incorporation of international treaties, the sovereignty of states, globalization and multuculturalism. Specifically, we will investigate the origin of human rights, alongside his growing recognition, from the Revolutions until its completion in the Universal Declaration of Human Rights in 1948. The question, however, has become broader, when analyzed from the perspective of the internationalization of these rights as conditions and limits of democracy. Given the convergence on the reception of international treaties on human rights, we analyze a series of positions, including recent placements of the Supreme Court, and Constitutional Amendment n.45/2004. The study aims to review the classical concept of sovereignty, now within a new perspective based on the appearance of certain limitations of the state and a crisis in the face of the protection of human rights. We analyze the phenomenon of globalization in light of its complexity and its relation to sovereignty and human rights in pursuit of an expansion of democracy. The theme is consistent also with the line of contemporary constitutionalism, since their approach has a close connection with the issues of sovereignty and globalization, as well as a current relationship with the protection of human rights. The research aims to analyze the formation of a new society within a global vision of the constitutionalization of international law. It seeks to glimpse the invocacion model of foreign precedents and the possibility of dialogue betweem States as a way of protecting and enforcing the protection of human rights
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Elabora-se estudo de hermenêutica constitucional que envolve neoconstitucionalismo e estruturas míticas da realidade jurídica em face do automatismo judicial. Utiliza-se de método dialético em estudo teórico-descritivo de base documental. Busca analisar se há relação entre mitos jurídicos e automatismo do juiz na interpretação constitucional, bem como procura identificar se a mitificação do direito e o automatismo judicial influenciam o exercício da jurisdição pelo magistrado. Constata-se que há diferença entre interpretação constitucional e interpretação da Constituição, bem como que inexiste especificidade da interpretação constitucional em relação à interpretação jurídica. Comprova-se que os marcos histórico, filosófico e teórico do neoconstitucionalismo perdem seu sentido quando submetidos a apreciação crítica. Demonstra-se que a realidade jurídica decorre de processo mítico, no sentido de uma representação da realidade através da verdade compartilhada na crença e disseminada nos mitos, tal qual ocorre nos mitos da força normativa da constituição e do sentimento constitucional. Identifica-se a relação implicação recíproca entre mitos jurídicos e automatismo do juiz, além de verificar que o maagistrado atua no automático não apenas quando se conforma em ser o juiz boca da lei, mas também quando torna-se juiz boca do juízo, quer do juízo pessoal subjetivo, quer do juízo Institucional do Judiciário. Verifica-se que, uma das nuanças dos mitos está na representação de uma construção social compartilhada que descreve a realidade cultural circundante através das normas jurídicas e, nesse sentido, os mitos jurídicos são histórias com fundamento em verdades que merecem confiança, mas que, por outro lado, há mitos que atuam contra a normatividade positivada, como o mito do neoconstitucionalismo. Conclui-se que é imprescindível ao magistrado perceber que trabalha com mitos, compreender o processo de atuação e difusão dos mitos, e atuar de forma comprometida com sua atividade em benefício da sociedade, evitando incidir em automatismos de pensamento e ação, haja vista que o constitucionalismo é síntese de mudança (para adequar-se ao tempo vivencial) e permanência (para salvaguardar seu núcleo primordial) e precisa de um magistrado em estado de vigília para operar adequadamente a perspectiva de um direto de Estado democrático.
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The Brazilian juridical ordain has suffered several transformations on Family Law as of the 1988 Federal Constitution, which incorporated the changes in socio-cultural values and behaviors that appeared in the post-modern Brazilian society, with the repersonalization of the family, beginning with the principles of human dignity, affectivity and familiar solidarity; occurring an enlargement of the concept of family, increasing the relevance of socioaffectivity and eudaimonia. The general purpose of this dissertation is to analyze the constitutional interpretations of paradigmatic cases of the Brazilian Superior Courts checking the conditions and behaviors required to achieve the principles of affectivity and familiar solidarity. To do so, uses an exploratory and descriptive research trough books, scientific papers, jurisprudence, monographs and consult to specialized magazines to identify the reasons and specific purposes of the principles of affectivity and family solidarity within the constitutional norms, systematizing the primary meaning of these principles, then to observe the trial of patriotic courts, the criteria and standards of behavior used in their application. The analysis of recent decisions of the Supreme Federal Court and the Superior Court of Justice on the topic of the familiar relations, utilizing the new interpretative approach to the law that considers man as an ontological being of language, demonstrate that the affectivity and familiar solidarity are constitutional principles concretized in decisions, that don’t affect the principle of protection of the juridical security, that is, don’t cause uncertainty despite the incipient specification of criteria to its use
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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 normative construction of the public security system in the Constituent Assembly of 1987-1988 preserved paradoxical normative space, the military police linked to the Army with a restrictive legal statute of the police offices citizenship through a hierarchical and disciplinary model that is anachronistic. This research originates from the following problem: How is it possible to tailor the constitutional system of public safety, specifically the Military Police, according to the democratic paradigms constructed by the Constituent from 1988 and carry the right to public safety under these molds? The militarists limitations of the Constitution allowed the growing militarization of police departments, organizational culture and authoritarian institutional practices. Underlying this, the problems related to difficulties in realization of Right to Public Safety, the strikes of the military police, the incomplete policy cycle started demanding from the constitutional-legal system appropriate responses. Utilizing the dialogical method and an interdisciplinary approach to the subject, and theoretically grounded in overcoming of the constitutional normativist juspositivism.It was found that the constructed infraconstitutional legislation was insufficient to supply the systemic shortcomings of constitutional law, when looking to create a single system of public security without giving due scope to the federal principle and expand the autonomy the Federated States, and even grant democratic legal status to the military police. Formal legal limits imposed by the Constitution constructed a legal anachronism, the military police. Thus, a democratic reading of military police institutions becomes inconceivable its existence in the constitutional regulatory environment. Thus, reform the Constitution in order to demilitarize the police and conduct a normative redesign of the public security system is fundamental to Brazilian constitutional democracy
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This dissertation has the main objective to assess the legal and constitutional legitimacy of the legislative state act that criminalizes the conduct of carrying drugs for own consumption - in the case of Brazil, art. 28 of the Federal Law n.º 11.343 of August 23rd, 2006. Therefore, it is done, initially, a contextualization, pointing the main regulatory frameworks, internal and external, of what is conventionally called prohibition in the matter of drugs, as well as the different species of liberalizing initiatives today on an upward trend in the international scenario. Then analyzes the state intervention in question in the light of references of human dignity, freedom and privacy, emphasizing, in the point, among other contributions, the various precedents of foreign constitutional jurisdiction over the theme. Immediately thereafter, confronts the policy in screen with what is perhaps, these days, the main control mechanism of the restrictive measures of fundamental rights, namely the proportionality test, here represented by classical elements of appropriateness, necessity and proportionality in the strict sense. After that, it examines the criminalization on the agenda before the parameter of equality and the general interests of health and public safety. Based on theory and empirical enrolled in the development, it is concluded, finally, the unconstitutionality of the option of the ordinary legislature to impose criminal penalties on users - problematic or not - of substances or products capable of causing physical or psychological dependence.