O princípio da vedação ao retrocesso social e o papel dos poderes públicos na efetivação dos direitos fundamentais sociais

The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

Da jurisdição constitucional: uma análise da concretização dos direitos fundamentais à luz da hermenêutica constitucional

Trabalho sobre a concretização dos direitos fundamentais pela jurisdição constitucional, mostrando a importância da interpretação da Constituição para a obtenção da eficácia de tais direitos. Desenvolve-se a pesquisa a partir da explicação histórica sobre o constitucionalismo moderno, que implantou o Estado Liberal de Direito e as constituições escritas, e no qual encontra a jurisdição constitucional o seu embasamento cultural e a sua justificação histórica. Verifica-se que a origem da jurisdição constitucional assenta-se no controle da constitucionalidade das leis e atos normativos do poder público, fundado no princípio da supremacia da Constituição. Destaca-se o realce dado pela teoria material da Constituição à normatividade dos princípios constitucionais, tecendo considerações em torno da classificação das normas constitucionais em regras e princípios. Remarca o trabalho que o controle da constitucionalidade pode ser formal ou material, apresentando esta última modalidade uma conotação acentuadamente política, já que, por ele, a aferição da compatibilidade da norma infraconstitucional é feita com o conteúdo material da Constituição. A função primacial da jurisdição constitucional é tutelar os direitos fundamentais, especialmente os das minorias sociais. Tal função sobreleva-se até mesmo contra textos legislativos produzidos por maiorias eventuais, pois o princípio da supremacia da Constituição prevalece sobre a regra da maioria vigente nos regimes democráticos. Comprova-se que a concepção substancialista, adotada para definir os contornos funcionais da jurisdição constitucional, propõe uma maior intervenção desta na apreciação dos casos que lhe são submetidos. Salienta-se que, no Estado Democrático de Direito, derivado da aglutinação do Estado Liberal com o Estado Social e acrescida de um elemento novo voltado à transformação da realidade social, a jurisdição constitucional passa a levar em conta, com mais atenção e destaque, os princípios constitucionais e a sincronia do ordenamento constitucional com a sociedade por ele ordenada. Realça também o estudo que a atuação da jurisdição constitucional, segundo a ideologia democrática defendida pelo Estado Democrático de Direito, tem logrado obter uma sociedade mais justa, e que a comprovação histórica é francamente favorável ao seu ativismo judicial. Os direitos fundamentais dificilmente se dissociam da democracia, que lhes garante a eficácia pela limitação e visibilidade do exercício do poder, traços políticos que constituem a nota típica dos regimes democráticos. Mesmo que os direitos fundamentais tenham tido um caráter pré-estatal como preconizado pelo jusnaturalismo, são eles normas, e não valores, pois tão logo sejam positivados pela Constituição eles se tornam direitos vigentes. Assevera a pesquisa que os métodos concretistas de interpretação constitucional mostram-se mais adequados à obtenção da eficácia da Constituição, pela importância que os elementos objetivos, relacionados com o contexto material da norma, assumem no seu processo de aplicação e interpretação. Conclui-se ser essencial que os operadores e estudiosos do Direito se conscientizem de que a interpretação constitucional deve assumir uma feição principiológica e concretista, de modo a ser obtida a máxima eficácia possível das normas constitucionais, especialmente as de direitos fundamentais, acentuando-se mais a necessidade de um Tribunal Constitucional, cuja criação no Brasil constitui ainda tema polêmico entre os doutrinadores

Fiscalização difusa da constitucionalidade e o incidente de argüição de inconstitucionalidade

The present work consists of studying to diffuse control of constitutionality in Brazil, with emphasis in a procedural alternative to the evolution of that model: the incident to challenge of unconstitutionality. Starting from the discussion about the new role of constitutional jurisdiction in peripheral countries and in the globalized society, without forgetting to face inevitable doubts about its legitimacy before other powers of the State, the Brazilian control of constitutionality is revealed, under a diffuse, non-dichotomical view, through a number of inconsistencies and misunderstandings, that compromise social peace, the credibility of democratic institutions and the supremacy of juridical security. In order to achieve the goal, the study in course discussed the main difficulties of the Brazilian mixed model of constitutionality control, as well as, directing its view to the incident of challenge of unconstitutionality, which the most adequate forms to assure its appropriateness, legitimacy, processing and decisory effects are. Is was essential, in this point of view, to establish the difference between the incident of challenge of unconstitutionality conceived in article of the Brazilian Federal Constitution and the incident of challenge of unconstitutionality such as it is known in the European models. The insertion of the incident of challenge of unconstitutionality based on European models in the Brazilian control system, without jeopardizing the North-American essence the Brazilian constitutional history presents since 1981, is the hypothesis that is presented as an improvement of constitutional protection

A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

Parâmetros de concretização judicial do direito fundamental à saúde no fornecimento de medicamentos

In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health

Efetividade dos direitos trabalhistas e os princípios constitucionais concretizadores da proteção laboral

The Brazilian Constitution aims to regularize the broadest possible the fundamental grounded in the value and supreme principle of human dignity, supporting a Democratic State of Law, to essentially give basic rights to all for a dignified existence. As the result of a historical development, fundamental rights incorporated by legal order represents a real reaction against acts that ignored the dignity of each person in one of these scenarios, especially inserted into the labor relationship, the principle of protection comes to balance and compose such relationship between employers and workers, raising this principle as axiological essence of this subject, based especially on the protection and guarantee of fundamental rights of the worker. For this study, was developed a literature research using books, legislation, legal websites and articles related to the subject, in order to analyze the principle of protection insert in the legal order, properly authoritative on the principle of equality, the social value of the work of human dignity to confer protection to the most vulnerable and admittedly weak of the labor relationship in order to serve the specific regulations legal practical tools and effective protection, against the employer hierarchical power and steering that can not change into abuses and attacks on the fundamental rights of the worker. In conclusion, is not enough, recognizing the vulnerability of the worker, it is necessary to carry out protective legal instruments in line with the the human dignity, consectário logical fundamental rights of workers, to be held in a proportional manner and sometimes flexible, depending on the case. Protection has a beginning and end to ensure that the human dignity that must presuppose a working relationship achieved by orderly and normative power of constitutional norms, with the aim of designing that labor is not an end in itself, but a means to the achievement of the economic advancement by promoting social development and providing necessary support for the increasingly marked impairment of fundamental rights of the worker

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

Ideais formativos de homem da emissora de Educação Rural de Caicó (Rio Grande do Norte, 1963-1978)

Under the aegis of the third diocese bishop of Caicó, Dom Manuel Tavares de Araújo, the Broadcasting Station of Rural Education of that city was founded, in May 1 s" 1963 with the ideal of being then an educational city, preferentially for youths and adults, rural meu and women of the arca of Seridó in Rio Grande do Norte state. In the year of its 40th birthday (2003), we began the investigation of that radio station choosing as study object its educational and formative programming, in the inc1usion of the first fifteen years of its existence (1963-1978), period that reaches the official inauguration of the Radio Station and the end of the bishopric of its fOllllder as Bishop of Caicó. Elucidating and showing Man's formative ideaIs longed by that Catholic educational broadcasting station, underlying to its radiophonic programming, such as the idealization for it reached, is the objective of this Doctorate work. It was considered pertinent to discover the guidelines that historically have permeated the Social Doçtrine of the Catholic Church addressing its aggiornamento, especially in what concerns to the employment of the modern ways of communication for the distance with the aim of evangelizing and educating. In arder to understand the ideaIs of the investigated educational Radio, we have delimited the research to the thematic Catholic Church, means of social communication and base education. In face of the study object and the aim to be reached it was appealed, methodologically, to the notion of cultural action present in Certeau (1995), and to the understanding of educational formation backgrounded fIam the modern thinkers that discuss it. Such frame references have allowed us to analyze in a wider spectrum tl)e programming broadcasted on the air by the sound wavys of that educ(itional Çatholic Radio, as well as, the very acts of cultural idealizations that has orientated it in its foundations. The thesis here defended is that. the Radio, at procJaiming itself as a broadcasting station of rural education directed preferably to the rural sertanejo countrymen, without neglecting its admitted ends, has surpassed them in its overall range. It was identified an articulate approach of its programmatic modules with the guid,elines emanateq from the Catholic Teaching about the use of the. means of social communication. At conceiving, establishin,g and executing an ec1ectic programmatic and div,ersified grating, the Rural Radio of Caicó has transcended to a strict human-Christian formation to request the development of the human, spiritual and cQrporaldimensions, jointly. With suchprogramming, it addressed to the seridoenses as real meu and women inserted in the "sertanej.o" environment with effective structural and existential problems of alI types, induding the hunger, the thirst, the syndical organization, the cQoperativism, the colIective modero work and the absence of universalizing school education. Its radiophonic transmissions, I}lled by the demands of an enlarged, open, dialogic and responsible communication, wheneIllbracing dedicated modules to religious and catechetical emissions, to the entertainment, to the radiojoumalism, to the country root culture, and to the school education of b se for the modality of the School and of the radiophonic classes, subsumed to ideaIs that longed for the formation of a multifaceted and pluridimensional sertanejo Man; of men and women that, without abjuring the Catholicism, were able to understand, to dialogued and to live together with the general demands of a society in progressive mutation, whose economical, social, cultural and educational demands it IDade themselves to be felt through the sertão potiguar of the Serido region, equal way of the intemationalized world

Serviço social na educação: saberes e competências necessárias no fazer profissional

The Theory analyzes what should know and what competes, formally, to the Professional of Social Service to act in the School Education. He/she investigates, starting from studies on the theme, and close to Council Federal and Regional of Social Service, and of the Brazilian Association of Studies and Researches in Social Service, that you know and competences are necessary for the social worker performance in that specific area. Through a research of nature empiric, bibliographical and documental, the analysis focus outlines the glance and the understanding of the professionals' category that represent the defense organs, fiscalization and formation of the profession. The importance of the scientific study is justified for the social worker necessary contribution acting in the School Education, whose political and pedagogic context presents multiple demands, you know and relationships, and when it is lived a social and education picture at the present time with order words in formation, as inclusion, empowerment, competence, that they demand other specialists in the school scenery to work with the varied expressions of the social subject. Since the years 1930 the social worker acts in the area of the Education, with an originating from knowledge the human and social areas that you/he/she makes possible him/it to contribute, undisciplinement, close to the pedagogic team of the School Education. The clarity of the you know and of the necessary competences to intervene in that field of specific work makes possible the legitimation of the identity, of the social worker professionalization and the formalization of his/her practice. The Theory ends that the profissionality and the social worker professionalism is built and it is recognized in the area of the Education starting from the knowledge of the you know and pertinent competences to intervene in that context, beginning that knowledge on the part of the category of the Social Service and of the formation organs and representation of the profession so that the school community - administration and pedagogic coordination, teachers and students - he understands and recognize the social worker necessary intervention in that field. The formalization of those you know and competences are built starting from actions and thought mobilizations and operation in the group of the category, and not for isolated actions and individualized. It is revealed, in the opinion of the ones that represent Regional Council of Social Service, a wide vision of the social worker in that space exercising, among other, functions that don't compete to the professional's profile or restricted to actions and techniques historically exercised in their work fields. A new profile of the professional of the Social Service that it acts in the School Education is possible when his/her action is visualized centered not just in the work with the family, but, doing of the school a proposition space and execution of programs, projects, studies and social researches. He intends, an action politics and of popularization on them know and the social worker competences in the School Education

Corporeidade, dialogicidade e virtualidade: desvelando a aprendizagem

Cette étude essaie d offrir des contributions pour la construction de connaissance concernant à la corporeité et dans l espace virtuel. À travers des processus interactifs elle propose la construction la production de nouvelles possibilités/stratégies pour la production de connaissance, en adoptant une pratique éducative spécifique: apprendre dans l éducation à distance (EAD). L apprentissage est le centre de ce travail, les acteurs les élèves sont sujets de l action et de la transformation selon la penseé de Paulo Freire et Corpo-vivido dans sa totalité, selon Marleau Ponty. Ce dialogue vif et révecu fait un parcours méthodologique à partir des interlocutions de Pierre-Lévy (1993,1996). On a réalisé une trajectoire pour se représenter, renvoyer, dialoguer et mettre en perspective, en ayant comme point de départ les attributs communicatifs et imagés des matériels d étude utilisés par l EAD, les changements socioculturels provoqués par des possibles dépassements paradigmatiques manifestés dans la société informations et de la communication, et les présuppositions théoriques qui sont ancréesdans les formulations des stratégies et/ou de propositions méthodologiques et comme élément intervenant dans le processus de construction de la connaissance à distance: le sujet de la corporeité. L espace empirique de la recherche est donné à l intérieur du cours TV na Escola e os desafios de hoje , et presenté dans la période de 2000 à 2004 dans l État du Pará. Le texte a été divisé à quatre chapitres. Le premier moment du texte parle de la métaphore de la Fleur et de l organisation du travail. Le deuxième moment systématise ce qui a été projeté pour donner une vision du travail dans l ensemble. Le troisième moment apporte des mots et des concrétisations qui deviennent réelles dans le Desvelando o corpo e o diálogo: a Flor da aprendizagem percebida , en reflétant sur la corporéification du mot s en allant à la rencontre et à la participation d'un apprentissage de dialogue. Et finalement le quatrième moment où nous parcourons la culture de la potentialité de la modalité de l'enseignement à distance, faisant le portrait en arrière plan de l'étude tout en mettant en évidence l'étude du phénomène dans le cours "TV na escola e os desafios de hoje" les paroles des sujets et leur interlocutions. A Flor numa totalidade englobe dans une totalité les moments qui le précedent et invite tous les autres moments à d autres révélations

A recepção do gênero romance na escola: práticas de leitura e formas do trabalho docente

Ce travail se propose de discuter, dans les domaines de la linguistique appliquée, focalisés dans l enseignement-apprentissage de la langue maternelle, les processus didactique-pédagogique avec lesquels se construisent, interactivement, et s organisent les pratiques de lecture et d écoute du genre roman, en tant qu objet enseigné, dans le contexte du cours de langue portugaise. On cherche ici, spécifiquement, à décrire et à interpréter les différentes manières utilisées par l enseignante pour apprendre la lecture et l écoute du roman Le Petit Prince, d Antoine de Saint-Exupéry, et, par conséquent, la réception de ce genre du discours par les apprenants, résultat des échanges interactifs entre l enseignante et les apprenants pris dans le processus de transposition de savoirs à propos de ce genre. La condition d existence de ces échanges se trouve dans les procédures didactiques de l enseignant lorsqu il propose aux apprenants des activités de la lecture et de l écoute des textes. Dans ce contexte, le corpus dont nous nous occupons se constitue des enregistrements en vidéo, audio et prises de notes dans les carnets de classe des cours de Portugais, pour la période scolaire de 2005, avec un groupe de 5ème année de la formation fondamentale d une école publique fédérale de Belém (PA). Du point de vue théorique-methodologique, nous nous inspirons des contributions de Moita-Lopes (2003) et Geertz (2006), surtout à ce qui concerne la conception et les procédures de constitution et traitement des données selon les présupposés de la recherche ethnographique. Encore du point de vue théorique et pour ce qui concerne l analyse des données, nous utilisons les contributions de Bakhtin (2003), sur les études énonciatif-discoursifs sous une conception dialogique du langage, les contributions issues des domaines des études appliquées et des études en didactiques de langues, dans la section de Psychologie et Sciences de l Éducation de l Université de Genève, coordonnée par Schneuwly, Dolz et ses collaborateurs (2000, 2001, 2002, 2004 et 2005) envisageant la construction de l objet enseigné par moyen d instruments didactiques, et, finalement, Rojo (2001 et 2002), et sa discussion sur l apprentissage des capacités de lecture essentielles à la formation du lecteur et producteur à l école. L analyse des données obtenues nous a permis de relever la façon utilisée par le professeur pour enseigner le genre roman, mettant en relief l apprentissage de la lecture par les apprenants à travers les instruments didactiques capables de le faire devenir l objet enseigné

Representação social do ensinar: a dimensão pedagógica do habitus professoral

Teaching is an activity inherent to the human condition. Historically, from the institutionalization of education, the key role to pursue that activity has been attributed to the teacher, who is required to adapt to the demands of each historical conjuncture. Currently, according to the new paradigmatic requirements, the teacher must possess various skills in order to handle the complex and challenging act of teaching. Assuming the existence of a gap between what the State and the scientific discourse recommend the teacher act upon in the classroom, a decision was made to identify the configuration and structure of social representation in the act of teaching, put forth by elementary school teachers in the public schools of Natal, RN, Brazil. Therefore, the research relied on the theoretical model developed by Domingos Sobrinho (1998, 2000, 2003), which articulates the praxeology of Pierre Bourdieu with the theory of social representations of Serge Moscovici (1978). It was intended to demonstrate how teachers habitus, in its due historical context, directs the construction of social representations in the act of teaching which guides the actions of the teacher, particularly in the classroom context. At the methodological level, the following methods and techniques were used: bibliographic and documentary review in order to identify the scientific discourse on the subject matter and the official parameters of educational regulation and the act of teaching; the Procedure of Multiple Classifications PMC in order to capture the configuration and structure of the representational content in focus, the direct observation of the classroom to identify in actual terms the social representation as "guide to action" as the theory preaches. From the standpoint of the analysis, quantitative data were analysed through Multidimensional Scaling MDS, covering in this study the Multidimensional Scale Analysis MSA and Smallest Space Analysis SSA; and non-parametric statiscal techniques. Additional data of qualitative value had to undergo categorical content analysis. It was then concluded that the teachers investigated guided themselves by social representation, the product of collectively constructed and shared assumptions about the act of teaching, forming a synthesis of different sources of information and knowledge acquirement, involving elements of common sense, religious habitus, pedagogic models considered outdated, the agencies responsible for teacher training and the hegemonic discourse about education today

O processo de invenção de si: um estudo sobre a construção identitária de pedagogas em formação

This work was developed in the course of Pedagogy, Universidade Federal do Rio Grande do Norte. Aims to understand the process of identity construction of teachers and educators in initial training. We started from the idea that such process was made by a complex and interdependent movement, once it was an inventive phenomenon wrought by individuals who are authors and actors of the story of their "real life" (KAUFMANN). This identity is rooted in the trajectories and social biographical experiences (FERREIRA), relationships with the constructed and accumulated knowledge in this route (CHARLOT) and in the developing of a sense of cultural belonging institutionally constructed (Luckmann, Berger). Then, the training involves relationships with knowledge in several instances, considering the effects, in one hand, the historic-social production and, in another hand, from the positions of subject and their biographical itinerary, existential and formative. We used the methodology of the Comprehensive Interview (KAUFMANN; SILVA), associated with a network of theoretical references, empirical and very analytical and interpretive activity. She researcher also relied on the "sensitive listening" (BARBIER), empathic attitude of "listening / seeing" the subject, and the notion of "intellectual artisan" (MILLS). The individual interviews were supplemented by the Focus Group. The approach was multi-referential (ARDOINO; MACEDO), with the intertwining of different perspectives, allowing a more complex configuration and less reductionist. In the analysis and interpretation we located the starting point, genesis of identity whose dynamics is not rigidly determined, but localized in space-time that precedes entry into the initial training. It is the time of concerns, questions and reflections about what you want to be in the future professional life. In sequence, we saw the route, multifaceted process whose the direction is the increasing involvement of individuals with their training. This training is engendered by the relations with the curricular, extracurricular and discursive knowledge, as simultaneous dynamics of self training and socio training. The self training of the individuals, understanding the critical, ethic and authority reading of their own experiences, is also seen as an exercise of shared responsibility, it assumes that the relationship with others meanings and professor mediation. The socio training refers to the collective subject and turns to the historical production and diversified knowledge, and comprehension of the various training instances. Self training and socio training are both objects of negotiation, because they are provocative of new designs, and cultural and identity maps, mobilizing the senses towards new meanings of themselves and the professional reality. It is in this interdependence between what is historically produced and the experiences of the subjects, who we located the arrival, considering it as a radically incomplete process of the professional identity and the building itself.

Tear identitário:a prática docente em arte como conhecimento compartilhado

This investigative tissue is about the formation of identification processes of teachers and pedagogical practice of Art, in Teresina city. This search comprised the sum of the needs presented, agreed upon with the teachers engaged in the process, it was developed through the establishment of interactive environment Loom Team where collaboration and critical reflection were steering actions to promote the understanding of existing connections or relations within the processes of identifications and the pedagogical practice of Art. The tissue is formed by the polyphonic plot of the critical reflection of nine teachers of Art who engaged voluntarily and this investigation of formative nature and a production of knowledge. All these teachers have degree and the course of artistic education and especial qualification in Fine Arts and/or Drawing. The texture, which we denominated Identification Loom: The pedagogical practice of Art as share knowledge is (de) (re) construction of knowledge resulting from the critical reflection, in an environment of collaboration, which may have implications and ethical political attitudes in the pedagogical practice of the group. Within this context, we pose the following question: - How does the pedagogical practice in Art influence and/or be influenced by the identification processes of the teachers, and how do they interfere with the search and manifestation of the knowledge involved and the investment in professionalization? In view of this query, we make use of the cooperative investigation, having social history as theoretical reference and as analytic perspective of interactive and dialogical-reflexive processes. Thus, social historic theory, cooperative approach and pedagogical practice were the major components of the plot. The methodological texture counted on the threads of dialogical reflexion, of mediation and of collaboration. The conceptual formulation, the recording in videos of classes and the narratives of formations were the main threads of the analytic substrate of the investigation. With this articulation, theses threads appear as developers of processes leading to a major approximation of the thought on the identity/alterity dialectical pair of the participants involved. The language within this plot had a decisive importance in all the moments of the search of signification, embracing and connecting the identification/alterative processes, the pedagogical practice of Art and the knowledge shared. In such processes involving (de) (re) construction, one can notice a close correlation of the triad social identity, pedagogical practice and knowledge shared. For this reason, the vigotskian, guetmanovian and kopnian theoretizations were the major framework for the analysis of conceptual formulations; and, as for discourse analysis, Baktin and Orlandi were our masters. For these teachers, the experience shared throughout the process of this typology of tri-axial investigation focused the experience of many theoretical and practical assumptions. Such an experience enabled them to state that this, with collaboration, can make reflection on the practice a starting and promoting element, within the individual level of self-management, in addition to being a space of (de)(re)construction of meanings, of knowledge and of reinvention per se