O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Vida, experiência, conhecimento : a reforma do sujeito cognoscente em Tsunessaburo Makiguchi

Utilizing a great part of the works by Japanese educator Tsunesaburo Makiguchi and the register of fragments of his life, this thesis affirms that knowledge emerges from peoples` experience as they go about their daily lives. Facts, events, genetic inheritance, cultural patrimony, family history, the place where one was born and lived, and psychological predispositions nurture and form a vision of the world and of life in general. In Makiguchi s case, this multi-causal constellation led him to conceive the system of the value-creating pedagogy of good, gain and beauty; discussing the importance of cognition and evaluation in the experience of the human being. His life is exemplary in demonstrating that these aspects are inter-connected and, in a recursive movement between knowledge and self-knowledge, they can generate creative systems for understanding the world and introducing, essentially, the author into the epistemological problematic of complexity. The Makiguchian system and Edgar Morin s complexity approach suggest a pragmatic, paradigmatic reform of education and a thought reformation in the direction of the complex pedagogy, and that it creates a web that connects master-disciple, subject-object, human-world, local-global and singular-universal

O discurso formativo do Biólogo sobre a morte: matizes e metáforas do saber que o sujeito não deseja saber

This study - Biologist s formative speech about death. Nuances and metaphors from knowing that the subject of do not want to know - shows a marginal cognitive construction in scientific education from biologist - death. It considered as obvious that death is a theme that covers both the scientific education from biologist and the division of the subject, and concerns the splitting of the double life-death and the principles of inclusion and exclusion of the subject. Part of sensitive question: What is the epistemological weave who supports biologist's speech about death? It is constituted an object of study of the biologist s speech on death. It is advocated the thesis that: Death is an epistemological obstacle announcing for something always aims to escape from the perspective of knowledge, especially of scientific knowledge because, since it is understood as cognitive learning about the disruption of biological phenomenon life which is involved on weave of imaginary and symbolic constructions about the finiteness of life; it has constituted a metaphorical knowing - encouraged by the noisy silence - which does not allow to know in full, mobilizing hence subject in searching for transitional truths that reduce the ontological being-mortal anguish centered in subjective dimension involved in the act of knowing. From this movement of search that the object mental life after death wins a symbolic value that requires a real-looking multi-referential for the study of biology - life - and its implications: the finiteness of life, especially by moving the omnipotence of scientific objectivity expressed by signs and symbols that seek say the completeness of scientific knowledge-, signaling thus the existence of the dynamics of incompleteness implicit in subjectivity that supports knowledge relating to the double, life and death, and to the temporality of the existence of Homo sapiens sapiens, with the axis guiding the desire of the subject, do not want to know about death, implicit in the mechanisms objective-subjective founded by non-said of death is the epistemology of the existence of objective-subjective subject, whose core is the negation of death. The theoretical methodological knowing web is anchored in the multi-reference which favors a transit by theoretical current, as the Psychoanalysis, bachelardian philosophy, the epistemology of complexity, the Thanatology, the Social Psychology, and Etnocenology, and Understanding Interview. The unveiling of the study object from the analysis of oral speech of eleven biologists who serve in high school, from three main guiding: Death in the history of life,Death in biologist s academic education and, Conceptions about concepts

Itinerários e marcas na formação do sujeito formador: reflexões acerca de um caminho na educação matemática

This Study inserts in Mathematical Education & Education that search to investigate the (self) formation of formers that gets graduation e pass to graduate others that get graduation and are formers in Mathematical Education. This Is a qualitative search in a perspective from search-formation.The work is formed of four topics. First topic talks about : The self-formation of formers. Second topic: at way of suppositions theorical-methodological from search. Third topic tells over: The life of a former life. Fouth topic A Station called Ubiratan D´Ambrosio created in his reverence and for build all the Knowledge´s Corpus developed by his studies and searches. It´s in sense of come and go from knowledge created at action by mankind to get finality of Transcendency and Survive. Look for to investigate aspects of academical, professional and personal life where are translated in language, thinking and practices oriented for one know-how holistical and transdiciplined in a reflexion, search and the critical it constitute to be a Professor, Teacher, Searcher and Etnomathematic that confered him the merit in 2005 the Prize Félix Klein, that declared Valente (2007), maximum distinction that can receive someone from Mathematical Education. The results point that the narratives of life´s stories are prominences to one re-direction of teach practical in formation´s courses of Mathematical teachers, opening spaces for what the teachers and particularly of Mathematical thinking and take position about your process of formation to be Formers. The Study also given possibilities to propose fourteen stoppages in Station that are beginnings with direction that emerge from studies and searches about the trajectory of life of Professor Ubiratan D´Ambrosio in perspective of re-signify the formative process in education and Mathematical Education

Educação escolar para crianças: o que dizem sujeitos deste direito?

The text aims to discuss the problems that this would be set: - What are the concepts of public school children about their right to primary education, as required step in the Basic Education? - What are conducted by children on the elementary school, in terms of its structure, teaching, and acquisitions provide for their users, especially when it comes to literacy? In order to answer these questions, we conducted within the qualitative a case study within twenty children of the early years of elementary public school, ten of the School Mauricio de Sousa and ten children of the School Monteiro Lobato. with construction procedures of data, we worked with observation, semi-directive interview, questionnaire and document analysis. In analyzing the data, two categories emerged: right to education and school for children. The first focuses on what children think about the legal guarantee to school, seeking to understand if they understand the educational area as a right and relate what the law says and the reality in which they participate. The category for school children, including their purposes, characteristics, space literacy and its relationship with the teacher. In this sense, we comment, taking as its founding, the speech of children in their schools, focusing on how they perceive the school in terms of its structure and functioning, relations with the knowledge and the other children. With regard to child rights, the appreciation of Brazilian children should be the basis of the struggle for a more just, democratic, nondiscriminatory. However, children show not recognize education as a right, but as one who deserves the credit, that is, those children who are always attentive, do not fight and do not complain. In interviews, children express a simple wish child that the school had toys. A school for children should be a place with its own characteristics: cheerful, lively, colorful, which included the same time, security and challenges. Children point to the hope that the course of action the teacher was guided by respect their differences in a more emotional, especially with regard to issues of authority and discipline of the group. The most important learning is for all subjects learning to read / write, differing in the idea of how to learn. Unfortunately, for some students, learning reading and writing appears as a difficult and enjoyable process is not perceived by some subjects up to recognize the instrumental writing. Finally, we point to the actors of the school to launch a more accurate to say that the children and how to outline your main locus of learning

Os ateliês (auto)formativos na constituição do sujeito docente da educação matemática

The object of study of this thesis is the use of (self)training workshops as a fundamental process for the constitution of the teaching subject in mathematics education. The central purposes of the study were to describe and analyze a learning process of mathematics teachers supported by the training-research methodology, which procedures have been affected with the practice of (self)training workshops as a way of collaborating to the constitution of the teaching subject in Mathematics Education. The survey was conducted with a group of teachers in the city of Nova Cruz, Rio Grande do Norte through a process of continued education realized in the training workshops having as main goal the realization of the group s (self)training sessions in order to lead participants to the extent of their autonomy in their personal and professional transformations. The results obtained in the formative processes have shown the need to develop activities of mathematics teaching as a contribution to overcome the conceptual difficulties of the teachers, apart from their (self)reflections about themselves and the educational processes in which they belong. The results raised some propositions about (self)training workshops that may be incurred in practices to be included in the curriculum frameworks or materialize as a strategy of pedagogical work in training courses for teachers of mathematics. Also, they can constitute an administrative and educational activity to be instituted in the public schools of Basic Education

O currículo escolar: uma análise na perspectiva da inclusão de alunos com deficiência intelectual

A mid the many transformations and advances that the contemporary society is going through, the right to education is a topic that does not end and becomes increasingly present, given the urgency of including students with disabilities in education. Given this new reality, schools are challenged to receive them with quality, and implement actions that promote favorable conditions for their development at school. Accordingly, it is fundamental the organizational restructuring of education to meet the specific needs of students. Thus, it is imperative that educational institutions defining the type of person who intend to form and the society proposing to build. These are aspects that precede any question, since the knowledge covered in the curriculum will contribute directly to the creation of human beings are involved there. Based on this theme, this assignment reports aspects of a survey of a local public school, located in Natal/RN, which deals with the analysis of the curriculum and its implementation in teaching practice in the classroom, before the inclusion of students with disabilities intellectual. Thus, to undertake a study of case with five professionals at school, involving documentary analysis and observation of the curriculum of the pedagogical practice of teachers in the classroom, as well as conducting an interview with all stakeholders. To this end, the data analyzed shows that, although the right of citizens with disabilities is guaranteed by constitutional law, the school, locus of this study, have not realized the extent of conquest. Does not recognize the fact of being in school and learn together with others is also a right of persons with disabilities. Thus, while your resume is to present a progressive vision, believed to be open, concerned with the selection and organization of content, with flexibility in defining the goals, with the search for diversification of the procedures adopted, as well as the planning activities teaching and learning based on the level of student learning, this is not effective in teaching practice, either through ignorance of the guidelines defined either by lack of knowledge about the proposal and an inclusive curriculum can provide answers to all educational students, including those with intellectual disability

As crenças docentes sobre a criatividade a as práticas pedagógicas criativa: o caso do programa do ensino médio inovador no RN

Estamos vivendo no século da criatividade em que os sujeitos precisam ser estimulados a criar e inovar nos processos de aprendizagem escolar. Nesse sentido, a criatividade precisa ser compreendida como um bem cultural, um direito de todos e uma condição histórica e cultural do sujeito, e não como uma capacidade inerente ao sujeito ou pertencente alguns poucos eleitos. Para que a criatividade do aluno seja estimulada, faz-se necessário, dentre outros elementos, que o conhecimento profissional do professor considere as crenças como componente de seu processo de profissionalização com o objetivo de reconhecer o seu papel e influências como formas de nortear as ações profissionais docentes. Para tanto, a presente tese tem o objetivo de estudar as crenças dos professores sobre a criatividade dos estudantes no Ensino Médio Inovador. O ensino, nessa perspectiva, mais especificamente, o ensino médio precisa inovar-se, e nesse processo, o Programa Ensino Médio Inovador PROEMI emerge como uma das iniciativas das políticas públicas educacionais vigentes. Para tanto, no intuito de fundamentar as nossas discussões dialogamos com autores que discutem a criatividade no contexto da educação, às crenças, o conhecimento profissional do professor e o ensino médio. Nessa pesquisa, 207 professores que atuam no ensino médio em escolas estaduais na cidade de Natal e sua Região Metropolitana dentro do PROEMI constituíram-se em nosso público-alvo. O instrumento de coleta de dados foi um questionário normativo de crenças contendo perguntas fechadas e abertas. Para a organização dos dados utilizamos os softwares estatísticos R. 2.15.1 e o Modalisa. O tratamento dos dados se deu mediante análises estatísticas como a análise descritiva dos enunciados, da média, do desvio padrão e a Análise de Componentes Principais ACP em relação aos resultados oriundos das perguntas fechadas e a análise de conteúdo em se tratando dos resultados referentes às perguntas abertas. Os resultados corroboraram com a tese de que os professores apresentam em suas crenças a predominância do enfoque tradicional ou clássico da criatividade, ou seja, creem-na como algo inato ao ser humano e que se desenvolve independentemente dos fatores sociais e culturais. No tocante às principais características do aluno criativo, a autonomia e o alto grau de originalidade em sua aprendizagem se destacaram, dentre outras características. Suas crenças, em relação aos elementos que inibem a criatividade do aluno apontaram que a escola, ao privilegiar os conteúdos escolares compromete a criatividade dos alunos e sobre os elementos que favorecem, destacaram-se as áreas da Arte, da Educação Física e da Literatura como disciplinas, que preferencialmente, desenvolvem a criatividade dos alunos no contexto escolar. Assim, constatamos que as crenças dos professores se configuram de forma reducionista e inatista e que precisam, urgentemente, ser repensadas para que não continue a comprometer o desenvolvimento da criatividade do aluno no contexto escolar, e nesse caso, as crenças se constituem em um dos elementos básicos da profissionalização docente que precisam constantemente ser repensadas e incluídas nas discussões sobre a formação e atuação docente, principalmente, dentro do PROEMI que tem como objetivo principal inovar e estimular a criatividade dos alunos no ensino médio

Vozes não silenciadas de alfabetizandos jovens e adultos e suas repercussões na formação docente

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Alfabetização de crianças e jovens: superando desafios da inclusão escolar

This work has its genesis in the life of a teacher. It contemplates the report of a great story that expresses the political will of anonymous people who sought/seek to overcome challenges and prejudices, a joint effort to make real the right to literacy. The reported story was developed in the Pedagogic Clinic Teacher Heitor Carrilho, Natal-RN which, concerned about the sentence of 'unable to learn the written language' attributed to children and young public school students, decided to invest in overcoming prejudices and fight against school failure of these underprivileged. The problem that motivated the study was thus set up: What particularities characterize a pedagogical practice which aims to teach literacy to children and youth from public schools, considered not capable of learning the written language? What theoretical and methodological procedures are shown as a boost to literacy in the development of a pedagogical practice systematically targeted to reflect the perspective of educating those students in public schools? Aiming to answer these questions, we conducted a qualitative research having as methodology, Life Stories and Research/Formation. For the construction of the data, it was decided to use the participative observation, semi-structured interviews and document analysis. Guided by the principles of content analysis the data analysis was built, from which emerged two categories: theoretical and methodological procedures aligned to the major axes of literacy and Procedures of the specific theoretical and methodological fundamentals of literacy. As subsets of the transverse procedures others were seized: didactic-pedagogic procedures; social affective procedures. Regarding these ones, the research shows the importance of the teacher to build a relationship of listening to the students and their families in order to organize the pedagogical work, looking at multiple dimensions of the subject: the intellect, the creative, the affective, moral, noting that between the methodology and didactics or as part of it, the links built represent great opportunities to promote literacy. Regarding the specific procedures, others were built: procedures that emphasize oral communication, procedures that favor writing and procedures that privilege reading. Under these procedures, the results of research show that you can only promote literacy if the teacher provides the students effective conditions of understanding the principles of alphabetical notation from the use of various kinds of texts, leading them to comprehend and use them in different contexts. Therefore, instructors must meet the learners' prior knowledge, their language, and the learning real needs that will bring new challenges consistent with their possibilities. The research confirms the importance of the Educational Support extra school. However, it is essential to emphasize that it is a function of the school to promote literacy for all students in the early years of schooling. It is recorded, however, that for the implementation of this desire, we must break the school model characterized by a rigid tradition, in which there is only room for those who learn the content taught in a minimum time. Unfortunately, despite the discourse of inclusion and ensuring the right to education, the school remains exclusive and selective separating the school learning of interpersonal relations and social integration and performance. On the one hand, research showed the difficulties of conducting studies and/or strategies that address the particularities of children and young people believed not capable of learning. On the other hand, the political commitment and motivation have increased the perception that it is possible to mitigate the existing deficits in the educational context, beginning with the everyday teaching practice, in which new knowledge can be learned, methodologies can be improved and, despite everything, the educational success can be built

Qualidade da assistência e o conhecimento sobre o direito à saúde das pessoas com úlcera venosa crônica

The study aimed to identify the quality of care and knowledge of health rights of people with chronic venous ulcers (VU) in Brasilian National Health Care System (SUS). It is a cross-sectional study, with quantitative approach, performed at the University Hospital Onofre Lopes (HUOL). The study was approved by the Ethics Committee of HUOL (CAAE nº 0148.0.051.000-10). The sample by accessibility was composed for 30 people with VU treated at the outpatient surgical clinic of HUOL. For data collection we used a structured questionnaire composed of two parts: sociodemographic characteristics and of health, of care and the clinical course of VU; and knowledge of people with VU about the rights of health. The results were processed using SPSS 15.0 and analyzed by descriptive statistics. Given the characterizations sociodemographic and health presented, we identified a clientele of users with VU predominantly female (76,7%), aged from 60 years (66,7%), married/ stable union (60,0%), low education level (83,3%), family income lower than a minimum wage (73,3%), unemployeds and with chronic diseases (53,3%), sleep greater than or equal to 6 hours (76,7%) and were not alcoholics or smokers (93,3%). In relation to clinical conditions, were shown the presence of one or more relapses of VU (73,3%), predominance of granulation tissue/epithelialization in the bed of VU (60,0%), exudate serosanguineous (43,3%), in quantity medium/large (60,0%), with no predominance of presence or absence of odor (50,0%), all patients with tissue loss in grade III / IV, no signs of infection (73,3%) and presence of intense pain (50,0%). In the last 30 days the main venue of achievement of dressing was the HUOL (100,0%), the main compression therapy used was the Unna boot (60,0%) and on inability to perform the dressing on the unit were the own patients who made the exchange at home (40,0%). The majority of respondents listed out more positive factors associated with quality of care (56,7%) were satisfied with the care of SUS (76,7%), claimed to have knowledge about their rights (70,0%), but at the same time did not know the meaning of the acronym SUS (90,0%) and classified their level of information as inappropriate (70,0%). We realize that people with VU identified as good the quality of care and demonstrated inadequate knowledge about their rights to health in the SUS, but showed interest in acquiring more information. The basic rights to entry in the SUS are constitutionally guaranteed and need to be disseminated in order to make them known to the population, so it can be implemented and ensured a greater resolution assistance in treating this type of injury

Metodologia de análise e diagnóstico de fratura em um componente automotivo sujeito a cargas cíclicas alternadas

The competitiveness of the trade generated by the higher availability of products with lower quality and cost promoted a new reality of industrial production with small clearances. Track deviations at the production are not discarded, uncertainties can statistically occur. The world consumer and the Brazilian one are supported by the consumer protection code, in lawsuits against the products poor quality. An automobile is composed of various systems and thousands of constituent parts, increasing the likelihood of failure. The dynamic and security systems are critical in relation to the consequences of possible failures. The investigation of the failure gives us the possibility of learning and contributing to various improvements. Our main purpose in this work is to develop a systematic, specific methodology by investigating the root cause of the flaw occurred on an axle end of the front suspension of an automobile, and to perform comparative data analyses between the fractured part and the project information. Our research was based on a flaw generated in an automotive suspension system involved in a mechanical judicial cause, resulting in property and personal damages. In the investigations concerning the analysis of mechanical flaws, knowledge on materials engineering plays a crucial role in the process, since it enables applying techniques for characterizing materials, relating the technical attributes required from a respective part with its structure of manufacturing material, thus providing a greater scientific contribution to the work. The specific methodology developed follows its own flowchart. In the early phase, the data in the records and information on the involved ones were collected. The following laboratory analyses were performed: macrography of the fracture, micrography with SEM (Scanning Electron Microscope) of the initial and final fracture, phase analysis with optical microscopy, Brinell hardness and Vickers microhardness analyses, quantitative and qualitative chemical analysis, by using X-ray fluorescence and optical spectroscopy for carbon analysis, qualitative study on the state of tension was done. Field data were also collected. In the analyses data of the values resulting from the fractured stock parts and the design values were compared. After the investigation, one concluded that: the developed methodology systematized the investigation and enabled crossing data, thus minimizing diagnostic error probability, the morphology of the fracture indicates failure by the fatigue mechanism in a geometrically propitious location, a tension hub, the part was subjected to low tensions by the sectional area of the final fracture, the manufacturing material of the fractured part has low ductility, the component fractured in an earlier moment than the one recommended by the manufacturer, the percentages of C, Si, Mn and Cr of the fractured part present values which differ from the design ones, the hardness value of the superior limit of the fractured part is higher than that of the design, and there is no manufacturing uniformity between stock and fractured part. The work will contribute to optimizing the guidance of the actions in a mechanical engineering judicial expertise

Análise textual dos discursos: responsabilidade enunciativa no texto jurídico

This investigation aims at describing, analyzing and interpreting the Commitment in Initial Petitions, which is a genre circumscribed in the judicial domain. For this purpose, we have chosen sections, facts as found and relevant law , sections of the petition, with the understanding that, in this way, respectively, the narration of events, which gives margin to the propositioning to the judicial action, and the exposition of the law that upholds the author s intention. We base our discussion on the field of Linguistics, more precisely, Textual Discourse Analysis (TDA), whose theoretical basis is derived from Textual Linguistics (TL) and Enunciative Linguistics. We foreground, particularly, the way in which the author of texts, objects of analysis, use discursive strategies that evidence ER. The relevance of this study, then, is in the formation of a critique of the judicial text, as it conceives of a dialogical approach to the point of view, raising not only questions about the way in which a linguistic instance conceives an object of discourse, but also considering questions of language inherent to technical writing and, in this aspect, contributing to the work of those operating in Law about the many ways ER is formed in the body of a petition. We selected two categories to analyze that, according to Adam (2011), characterize the degree of ER in the textual material of the propositional enunciations: the different types of representation of speech and the indications of profile of mediators. In this sense, with this task as an objective, we base our study regarding point of view on Rabatel (2003, 2009a, 2010) with relation to the enunciative approach, including the study of PDV in polyphonic and dialogical theoretical framework to study the ER from different types of speech representations that conceive forms of transmission of discourse and the role of the enunciating subject, mainly the responsibility and the prerogative by the propositional contents. In the same way, intending to study the indications of the mediator profiles, we observed the postulations of Guentchéva (1994, 1996), which develop the notion of mediative grammatical categories, of which permit the linguistic marking of distance and engagement of the enunciator with regard to the information expressed. The methodology we adopted was based on qualitative research, of an interpretive and introspective nature, in light of the fact that his study focuses on processes and strategies underlying language use. The corpus of the research is comprised of Initial Petitions, which gave rise to actions originating in the Civil Court of Currais Novos County RN. The data analysis shows that an object of discourse is always perspective oriented and presents the point of view of one or more enunciators. Consequently, the producer of a text, using the PDV of other enunciators, influences and establishes the argumentative orientation of the text. In the same way, it evidences the relevance of the use of mediated constructions in the judicial text, as they function as strategies attenuated to the responsibility of the producer of the text with what is said, and at the same time points to a discourse of authority through the entrance of the sources of law. Moreover, it reveals the documental and international importance of this practice, at the same time that it exposes the compositional and normative difficulties with regard to legal and linguistic aspects

A fundamentação metafísica do Direito na filosofia de Kant

A fundamentação metafísica do direito a que nos propomos a esclarecer na filosofia de Kant assume não somente uma análise de temas jurídicos. Temos uma questão filosófica de fundo a tratar: a justiça é possível? Tal indagação não é o tema do texto, mas o que está pressuposto. A análise kantiana, de certo modo, assume metafisicamente a possibilidade da justiça a partir do conceito de liberdade. Mas, com base na liberdade, demonstra a possibilidade da justiça na ética e no direito. A dissertação é composta por três capítulos. No primeiro capítulo, partindo da reconstrução inicial do conceito de liberdade na Crítica da Razão Pura, descrevemos a construção do conceito cosmológico de liberdade transcendental a partir do terceiro conflito antinômico e de sua solução na Dialética Transcendental. Feito isso, descrevemos o conceito de liberdade no capítulo do Cânon da Razão Pura e discutimos o problema de como compatibilizar liberdade transcendental e liberdade prática. No segundo capítulo, fazemos uma análise da distinção entre a legislação moral e a legislação jurídica das ações humanas partindo da análise da liberdade prática interna (moral) e distinguindo-a da liberdade prática externa (ou jurídica). Nesse contexto, desenvolvemos os pressupostos de uma metafísica do direito, tomando como ponto de partida o conceito de liberdade e o imperativo categórico como princípio da autonomia da vontade, base normativa para a lei universal do direito. No terceiro capítulo, a partir da relação entre ética e direito, reconstruímos o conceito de Direito e esclarecemos o fundamento da legitimidade da coerção a partir do princípio normativo de coexistência das liberdades individuais. Analisamos também os aspectos fundamentais do direito que derivam deste princípio, tal como os conceitos de Contrato Originário, Estado, Lei, Coerção,bem como a proposta kantiana de uma paz universal com base numa legislação internacional. No fim, discutimos o aspecto metafísico presente no fundamento do Direito

Cuidado de si e hermenêutica do sujeito em Michael Foucault

The work, here present, has as its objective to present in a clear and distinct manner the object of study of Michel Foucault in his last years of teaching at the College de France, namely, the care of the self. We present the care of the self in its birth, in its origin, from the character Socrates and its development until the beginning of the Christian age. With a keen eye, we present Foucault with a work of return and rescue of the care of the self to the personal and academic discussions; we propose, from the self care, to the contemporary subject a problematization of their life so that from this questioning he creates for herself ways of life that are coherence, knowledge and care with which he has of must particular, his himself. Passing by the sources that served as the source of study for Foucault to sketch the birth of care of the self, we design the form with which Foucault has dealt with the documents that speak of the care of self. We present Socrates as one who by excellence ensures that the other will give birth to the forms of knowledge and care of the self or, in other words, we present the care of the self socratic-foucauldian as a constant worry of the other to pay attention to ways in which he conducts her life, it creates for themselves ways of being and, therefore, creates ethics of existence. We present, finally, the care of the self as the cause of continuous immanence of modes of subjectivation of the subject that configure themselves in a non-accepting a determined essence, but a continually updated form . The care of the self leads to a single relationship and educator of modes of subjectivation of the subject; he creates, on the dynamics of temporality, ethical ways of living, which are sustained by an internal coherence of the subject with herself; he admits no stationary nature in the training of the subject, always wants a more beautiful work of himself; he is not isolation, he needs and is made with the other. The care of the self is the principle and the telos of battles and conquests of the subject within his temporality and existence