Responsabilidade civil como função social na distribuição e revenda de combustível face ao direito do consumidor e ao meio ambiente

The civil liability of the distribution and retail fuel stems from the fact business activity developed to be high risk and can be said as risk inherent or latent danger that has predictability and normality characterized by placing the consumer in a position of vulnerability, such as the environment, both public policies defined and constitutional protection. Consumer protection as a fundamental right and the environment as the primacy of social order aims the welfare and social justice, as inserted right to the third dimension, are guarded by the State when it creates operational standards through public policies and indirectly intervenes in the economic order. This intervention is due to consumer protection and the environment are economic order principles, founded on free initiative and free competition, ensuring everyone a dignified existence which underlies the irradiation of fundamental rights in private initiative, before the commercial evaluation, mass consumption, the emergence of new technologies that link consumers to the environment before the protection of life, health and safety and ensuring a better quality of life for present and future generations. To repair this damage and the right to information are provided as fundamental rights that put the person at the epicenter of the relations and collective interest stands out against individual interests that to be done need public-private partnership. In such a way that the used methodology was an analysis of documents correlating them with bibliographic sources whose goals are to recognize the civil responsibility as limit to subjective right, having to develop a social function where guilt and risk grow distant and the damage is configured as a consequence of inherent risk, requiring the State interventional postures in fulfilling its public policy; prevailing in these risky activities the solidarity of those involved in the chain of production and socialization of damage forward those are provided directly of products of hazardous nature that put in a position of vulnerability the environment and the consumer

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

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

Contribuição ao estudo da isonomia na tributação sob a perspectiva da ordem econômica

The study aims to investigate the limits of state intervention via induction on Economic Order, especially in cases regarding tax equality, through the analysis of their effects on economic development and on free competition from the perspective of economic efficiency and the Constitution. Thus, the work seeks to demonstrate that the achievement of equality in taxation is important in that it strengthens the economic relations in terms of efficiency, protects competition and fosters economic development to reduce regional and social inequalities and other constitutional desiderata. A dissertation is characterized by interdisciplinarity and was divided into two parts. The first is to discuss the legal meaning of equality from the doctrinal analysis of the principle and the relationship between equality and justice in the economic sense without rejecting its philosophical content. It is noteworthy that hermeneutics and the philosophy of language are useful tools for achieving equality in presenting the pragmatic methodologies applicable to the subject in terms of corrective justice. Based on these general assumptions, is going to study the tax equality and their characteristics, the corollary of the ability to pay and its relation to the economic capacity and the issue of progressivity in taxation as an ideal of distributive justice. The second part concerns the legal foundations of Economic Order and its relation to extrafiscality as a means of economic regulation in order to investigate the efficiency of this induction in order to promote economic development, free competition and tax equality itself to reduce inequalities and distributing wealth. Within this context, we investigated the scope of the constitutional principles of economic order, free enterprise and free competition, and favored differential treatment for small and medium enterprises, the issue of regional development for the reduction of regional and social inequalities, the problem the "fiscal war" and finally the efficiency from the perspective of Economic Analysis of Law

Regulação do livre acesso no transporte de gás natural à luz da ordem econômica da Constituição de 1988

In the middle of modern social changes produced by globalization and capitalism, several markets have changed. States have left the direct coordination of these markets (chiefly public utility sector in the form of monopolies), introducing regulation in order to promote competition. These changes have affected natural gas industry by promoting competition as a key factor to the development and the increase of firms in this market. The regulatory reform of natural gas industry ocurred in EUA and Europe Union and it has produced its first results. In Brazilian context, Constitutional Amendment nbr. 09 and Federal Law nbr. 9.478/97 ( Petroleum Law ) opened the natural gas market to a broad range of private economic agents and they finished the monopoly over the industry before managed by Petrobras. The new regulatory framework of Brazilian natural gas industry has designed competition as a central element to the new form of managment of business and contractual relationships of this industry. Among the regulatory instruments, open access regulation in natural gas pipelines is directed to promote competition. The questions arised about its implementation in Brazilian context are studied in the present work, in which it is discussed the constitutional rules and principles are to be applied to the open access regulation within the theme of statal regulation of economy present in constitutional economic order

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

Para uma andragogia do esporte:discutindo as diretrizes e a formação profissional para a Educação Física de Jovens e Adultos

For the development of this research the following general objective has been formulated, indicator of the process of inquiry: To discuss the relation between the attitudinal and the sportive contents presented in the proposal of Curricular Lines for the Physical Education of Young and Adults in Brazil. According to the corporeity and the ludicity, questioning the formation of the professional of Physical Education and delineating the perspective for a sport andragogy that values the Being and the Life. From this general objective, the following objectives, which had given greater specificity to the investigative process, were defined: 1. To create the theoretical context from the corporeity/ludicity axis, articulating transversally sportive knowledge, aiming to contribute for a sport Andragogy; 2. To analyze the objectives proposed for the Physical Education of Young and Adults according to an elaborated theoretical reference and to the testimonies of the egresses of 2005 of the Physical Education course of the UFRN. 3. To interpret the relation between attitudinal and educative content from the academic reality lived by the egresses of the Physical Education course of the UFRN. 4. To understand the most urgent necessities of sustained formation of the egresses of 2005 for satisfactory performance with the Physical Education of Young and Adults. 5. To propose perspectives for the construction of a sport Andragogy from the corporeity/ludicity axis. In attendance to the nature of this research and as form of guiding ourselves in this epistemological adventure, the following ones had been basically and theoretically estimated. 1. Corporeity is a radiant focus, prime and main of educational criteria; 2. The task of the education must be carried through with men and not for men; 3. Man must only play with the beauty and with the beauty he only must play. ; 4. The sportive education must be based on esthetic and fair play. The adopted research approach is of a qualitative nature, using the interview procedure with a group consisting of twelve egresses of the Physical Education Course of the UFRN of the year of 2005.2 After the discussion of the results on the attitudinal objectives and content for the Physical Education for Adults and Young, the study shows nine themes presented by the investigated group as priorities for their sustained formation, aiming at the performance of the professional of Physical Education with the EJA: inclusive experiences; leisure and quality of life; relationships; body and personal care; social values; self esteem; sportive phenomenon; EJA training; attitudinal contents. As a contribution to the construction of knowledge for a Andragogy of Sports, the study presents a metaphorical structure called Galaxy of Knowledge righteous Glamor of integrating nine elements inspired by the Ode to the Sport of Pierre de Coubertin: life, beauty, justice, daring, honesty, joy; Fertility; progress; peace. At the heart of the structure of knowledge is righteous install a system that articulates five principles ludopoiético epistemological function of connecting with the righteous knowledge of the sport that must integrate the content attitudinal proposed for Fitness for Youth and Adults in order to facilitate the realization of their objectives proposed for this method of teaching

A educação da mulher em Lima Barreto

Lima Barreto has built an educational conception of women in his fictional productions despite nuances inciting scholars to debate his writings and label him as misogynist and philogynist. Thus, the objective of this study is to comprehend, through signs present in his literary works, how women used to be educated in early twentieth century to accomplish the historical differences in gender relations. The main reason for this extract is the periodicity of his publications that started in 1900 by means of chronicles in newspapers and ended in 1922 after his death. For this, we identified codes and rules forged in the social processes to be assimilated by children through diverse institutions, aiming to incite the production of behaviors and social practices represented by the existence men and women in an ever changing society. Gender relations are analyzed within a society for their configuration concept by Nobert Elias (1970) as interdependence bonds among individuals. An investigative method proposed by Ginzburg (1989) was the most adequate to conduct the research on the work of Lima Barreto because it enables us to reconstruct the education concept for women. The dramas and novels analyzed point out the construction of categories such as women education, family, love and seduction revealing the engagement of Lima Barreto with the social problems of the period investigated. It was concluded that gender differentiation has come from family education which kept men and women in opposing sides giving them a marriage perspective that, after consummated, would bring frustration to women causing them to adopt confronting practices against domination strategies through celibacy or adultery. This research constitutes a reflection based on determined representations like justice, respect and duties that were the ideas defended by Lima Barreto in his writings, concerning both broader situations in social life and particular gender relations

Eram realmente pitagórico(a)s os homens e mulheres catalogado(a)s por Jâmblico em sua obra Vida de Pitágoras?

Pythagoras was one of the most important pre-Socratic thinkers, and the movement he founded, Pythagoreanism, influenced a whole thought later in religion and science. Iamblichus, an important Neoplatonic and Neopythagorean philosopher of the third century AD, produced one of the most important biographies of Pythagoras in his work Life of Pythagoras. In it he portrays the life of Pythagoras and provides information on Pythagoreanism, such as the Pythagorean religious community which resembled the cult of mysteries; the Pythagorean involvement in political affairs and in the government in southern Italy, the use of music by the Pythagoreans (means of purification of healing, use of theoretical study), the Pythagorean ethic (Pythagorean friendship and loyalty, temperance, self-control, inner balance); justice; and the attack on the Pythagoreans. Also in this biography, Iamblichus, almost seven hundred years after the termination of the Pythagorean School, established a catalog list with the names of two hundred and eighteen men and sixteen women, supposedly Pythagoreans of different nationalities. Based on this biography, a question was raised: to what extent and in what ways, can the Pythagoreans quoted by Iamblichus really be classified as Pythagoreans? We will take as guiding elements to search for answers to our central problem the following general objectives: to identify, whenever possible, which of the men and women listed in the Iamblichus catalog may be deemed Pythagorean and specific; (a) to describe the mystery religions; (b) to reflect on the similarities between the cult of mysteries and the Pythagorean School; (c) to develop criteria to define what is being a Pythagorean; (d) to define a Pythagorean; (e) to identify, if possible, through names, places of birth, life, thoughts, work, lifestyle, generation, etc.., each of the men and women listed by Iamblichus; (f) to highlight who, in the catalog, could really be considered Pythagorean, or adjusting to one or more criteria established in c, or also to the provisions of item d. To realize these goals, we conducted a literature review based on ancient sources that discuss the Pythagoreanism, especially Iamblichus (1986), Plato (2000), Aristotle (2009), as well as modern scholars of the Pythagorean movement, Cameron (1938), Burnet (1955), Burkert (1972), Barnes (1997), Gorman (n.d.), Guthrie (1988), Khan (1999), Mattéi (2000), Kirk, Raven and Shofield (2005), Fossa and Gorman (n.d.) (2010). The results of our survey show that, despite little or no availability of information on the names of alleged Pythagoreans listed by Iamblichus, if we apply the criteria and the definition set by us of what comes to be a Pythagorean to some names for which we have evidence, it is possible to assume that Iamblichus produced a list which included some Pythagoreans

Acesso e permanência na universidade federal do rio grande do Norte sob o ponto de vista do docente e do estudante com deficiência Natal-RN

Inclusion of students with disabilities is a recent case that has been discussed in school contexts, but the current policy of inclusion for access and retention of students in higher education is still a problem face there is much to do, therefore, are incipient studies in which this student body is involved. Accordingly, what is happening is that the most studies deal with on these students and little is said about them. For inclusive education thus the institution should prepare to receive students, having as one of its premises their point of views about what actually experience aiming at promoting education for all. Therefore, this study deals with the process of inclusion of students with disabilities regularly enrolled in undergraduate courses at the Universidade Federal do Rio Grande do Norte - UFRN.They were used the assumptions of qualitative research enabled by the case study method and semi-structured interviews. It has been analyzed by guiding actions and teaching practices, under the views of disabled students and teachers, the conditions of access and permanence offered by UFRN. Twelve students with physical, visual, hearing disabilities participated and five teachers from the acedemic centers that in academic year 2008 taught to these students. For data analysis it was used the technique of content analysis. It was extracted two themes: access and retention of students with disabilities in UFRN, in which emerged the categories described and analyzed in the course of this work. The results show the difficulties of access and retention of students with disabilities within the UFRN, such as attitudinal, pedagogical and architectural barriers. However, as it has also turned out, initial advances in the quest for achieving more effective actions to guarantee access and permanence of these students in UFRN. It has concluded that the scope for the exercise of citizenship in the pupils with disabilities who need this Higher Education Institution has an inclusive education Project, wide and consolidated, for the actions undertaken by the Ministry of Education - MEC, by itself, are not guaranteed to all students due to mobility, autonomy and security. It has hoped this work will bring benefits for new studies to develop features that were located, but were not our focus, because then the UFRN may advance the inclusive process of disabled students

Custo social de oportunidade na trajetória de acesso ao ensino superior: o caso dos ingressantes na UFRN nos vestibulares de 2006 a 2010

Access is a problem of higher education in Brazil that has existed since the formalization of this has occurred since the installation of the Portuguese court in Brazil in 1808. Only 10% of young people between 18 and 24 years of age attending this level of education in 2000, arriving in 2010 just 15%, far from that determined the National Education Plan in 2001, triple that percentage by the year 2010. In addition, a majority of seats of public HEIs is populated by students from the private network, especially in high-demand courses. In this context, this study aims to identify the costs related to the trajectories of students who were successful in the vestibular UFRN editions from 2006 to 2010. Presents an overview of higher education in Brazil, a brief history of vestibular, as well as new forms of access, and some of the policies to expand such access, highlighting the argument Inclusion UFRN. Focusing on the theme of the paper presents the concepts of opportunity costs and social. After collecting data through a questionnaire and consultation of databases COMPERVE was developed to search for a descriptive and analytical, with the participation of 3,995 students, of whom 1642 (41.1%) had completed secondary education in schools public, and 2,078 (52%) in private schools. The profile indicates that 90% are single, about 50% are 21 years of age, are white and female. In the course of preparation for college entrance exams, 80% chose the course during or after completion of the last year of high school, and almost 70% said they had started preparing at that time. Findings related to the costs involved with this preparation indicate that, in most cases there were school fees and disbursements and workshops, and the purchase of books and other materials, with parents primarily responsible for this cost, the amount disbursed each month was up $ 300 for 64% of respondents and only 7% of them exceeded $ 1,000, the major non-financial costs were characterized by the following resignations: job opportunities (24%) or temporary work (20%) courses of languages (26%), leisure activities (48%), leisure travel (43%), and parties and / or shows (54%). Of social investments by the government, stand out in the tax waiver scholarships for study in private institutions, grant exemption from the registration fee of vestibular, the preparatory courses UFRN, and seminars by COMPERVE / UFRN with networks of high school. From the junction of the opportunity costs (private costs) and social costs (public costs), a new concept: the social opportunity cost, which measures the combined efforts of families and government to finance the opportunity to access higher education of an individual. This concept can and should be incorporated as a strategic vector for the sake of democratic university, which reflects the social model that is sought

A eficácia na execução do planejamento estratégico no poder judiciário do Rio Grande do Norte

This paper presents an analysis of the current strategic plan of the Judiciary of Rio Grande do Norte emphasizing the evaluation of strategic indicators verifying the effectiveness in implementation, since the implementation of the Balanced Scorecard as a tool for performance evaluation of strategic management. The research presents the strategy map and the evaluation indices of strategic performance reporting on the effectiveness. After literature review and documentary, is making the measurement of indicators that are treated from the standpoint of an exploratory and descriptive in strategic planning used by the judiciary Potiguar. The problem was evaluated qualitatively and quantitatively using statistical techniques for data analysis comparing them between Judiciaries of Brazilian States. With respect to data collection was used performance indicators extracted from the data of Justice in Numbers provided by CNJ the period from 2004 to 2011, and the information sought in the Sector Strategic Planning TJ / RN. The main results of this study are as follows: Acquisition of insight into what level is the strategic planning of the judiciary of Rio Grande do Norte and the evolution of its performance indicators comparing them with the states of RS, CE, SE and the National Judiciary

SOA-DB: uma arquitetura embarcada orientada a serviço para acesso a dispositivos biomédicos

The great diversity in the architecture of biomedical devices, coupled with their different communication protocols, has hindered the implementation of systems that need to make access to these devices. Given these differences, the need arises to provide access to such a transparent manner. In this sense, this paper proposes an embedded architecture, service-oriented, for access to biomedical devices, as a way to abstract the mechanism for writing and reading data on these devices, thereby contributing to the increase in quality and productivity of biomedical systems so as to enable that, the focus of the development team of biomedical software, is almost exclusively directed to its functional requirements

Vinicius de Moraes e Shelley: um exercício de desleitura .

Using Harold Bloom s methodology known as dialectical revisionism we undertake the task of misreading of Vinícius de Moraes (1913- 1980) poems Poética (1950), Operário em construção (1955), Poética II (1960) against Percy Bysshe Shelley (1792-1822) and his poem A Song: Men of England, suggesting that the Brazilian poet trammeled a battle with his poetic triad, in which Operário em Construção is Vinicius s main weapon. It is suggested here that each one of Vinícius´poem represents a step of what Bloom calls anxiety of influence . The misreading proposed confronts the themes and the imagery of the poems, arguing that Shelley and Vinícius are similar when they approach exploitation and working class consciousness according to the Dialectic Marxism pattern, and that Vinícius´s poem was not only inspired by Shelley s, but using one of the strategies suggested by Bloom, he corrects the ideological flaws of Shelley s poem. It is also discussed the possibility that both poems are inspired by Plato´s (428-7 a 348-7 a.C.) allegory of the cave, his concept of justice and the moral construction of the polis defended in A República. Thus, considering the process of misreading, these five poems constitute what Bloom calls a family romance , which is characterizes the phenomenon of melancholy of creativity

Estratégias argumentativas na construção do discurso ideológico: um estudo da produção didático-pedagógica do meb

This research studies the argumentative process developed by the Basis Educational Movement (MEB), using as corpus the booklet Viver é lutar , and other lesson plans of the Educational Rural Radio from Natal. It has as objectives reveal the argumentative strategies in the discursive production of MEB, exploring the meaning effects suggested by its production conditions, and the ideological positions defended, in addition to this, verify how the booklet and the radio classes dialogued in the argumentation of their theses. So, the study is guided by the Discourse Analysis presuppositions, by the Argumentation Theory, by the conceptions of Popular Education, as well as the conception language dialogical language conception, recurring to Bakhtin (1995). The research adopts the documental characteristic of qualitative nature with an interpretative basis. The analysis of the data permitted us to confirm that the pedagogical didactic material discourse of MEB was produced in a social-historical-ideological context in what the education was seen as a social liberation instrument, being able to transform the Brazilian people and the Brazilian unequal structure. The results reveal that the booklet and the classes assume a position remarkably in favor of the popular classes, structured by the argumentative techniques that intended to convince, and to persuade the auditorium. Thus, the argument was based initially on the convincing of youths and of adults for, afterwards, to construct a persuasion to the learners, in terms of referring to act on the reality to transform it, according to their desires of social justice