Humanização do direito e da justiça: reconhecimento e efetividade dos direitos da criança e do adolescente

The crisis of the model of technical and formal rationality is discussed in light of a paradigmatic change of the Law that arises in the context of recent transformations of capitalism worldwide, proposing a humanization of Law and Justice with a new ethical-political foundation that promotes a reconciliation between the rules that governs the social order and the world of life, a process of society’s emancipation. As empirical cut it is taken the Right of Children and Youth and, in a practical perspective, the recognition and effectiveness of the Rights of Children and Adolescents in Brazil. It is proposed to analyze the process of democratization and legitimacy of the children and youth rights from the study and apprehension of knowledge that advocate a multidisciplinary view of knowledge and a dialogic praxis for construction of a thought able to contribute to the analysis of public policies and to develop strategies that allow a real change on the social thinking about the doctrine of integral protection of children and adolescents. The proposed methodological approach was developed from a dialectical view of science and as a research strategy for data collection of symbolic cartography or cartographic sociology of law and justice. It is shown that in the process of humanization of the Law and Justice there is a gap between the rights and the democratic participation of these rights.

A cidadania no contexto do estado constitucional democrático de direito brasileiro

The citizenship is a fundamental category to the democratic progress and the development and concretization of human rights, in addition to being one of the essential foundations of democratic contextualized in the rule of law of the Federative Republic of Brazil. That’s exactly why the discussion about its concept and content is a paramount requirement to the understanding and interpretation-application-concretization of the Federal Constitution of 1988, as well as its democracy, since there is no democracy without citizenship. That is why the general objective of the research is to determine the characteristics of the citizenship, relating it to the Law, as well as to discuss (critically) its inclusion in the list of fundamental rights and delimitate the scope of protection and the limits of this right, in the context of Brazilian law post-1988 Constitution. The specific objectives are: a) to analyze the concept of citizenship, its extent and scope, contextualizing it historically; b) to examine the evolution of the legal and regulatory treatment of the citizenship in Brazilian constitutions, focusing on the 1988 Constitution; c) assess whether citizenship can be considered a fundamental right; d) to investigate which implications, theoretical and practical, of assignment fundamentality character to the right to citizenship. This research identifies and deconstructs current conceptual confusions, such as the lack of distinction between citizenship and nationality; citizenship and electoral capacity; citizenship and person. It also helps to identify and oppose the generalizations, as well as the excessively abstract associations which tend to purely metaphysical understandings, fluid and empty of any content. The main virtue, however, is the proposed of understanding of the citizenship as a fundamental right and the examination of the relationship between citizenship and human dignity. In this context, citizenship appears as a corollary of human dignity and it goes beyond. This (human dignity) requires equality, non-arbitraries, non-excessive, disproportionate or unreasonable impositions affecting their freedom rights, and, yet, doesn’t affect a minimum core of possibilities of have to a decent life, in conditions of freedom and self-conformation involved in the necessary consideration of the individual as a subject. All of this requires a decision-making process, molded by the citizenship, which reaches the entire development process of possible state interventions, to ensure the person as a subject, the right holder and the objective point of reference of the juridical relations. Thus, the citizenship represents a substantial and beneficial addition to the human dignity, since the emancipated citizen is a person, formally and materially, qualified, to be able to build their own and collectively organized history, to participate effectively in the making processes decision juridical and social

Os efeitos do reconhecimento da diversidade sexual como um direito humano pelo sistema interamericano de proteção

La diversidad sexual emerge en las Américas como una de las cuestiones más importantes en relación con la protección y promoción de los derechos humanos. A partir de la democratización de la mayor parte de los Estados Sudamericanos en los años 80, se ha iniciado una discusión acerca de la ampliación del concepto de igualdad con el fin de introducir el derecho a la diferencia como otra expresión de la dignidad de la persona humana, cuyos estudios fueron encabezado de lo que se llamaba La hermenéutica de la Diversidad. En este escenario, el Derecho Internacional de los Derechos Humanos aparece como el principal responsable por el proceso de reconocimiento de la diversidad sexual como un derecho humano, lo que permite la asignación de temas tales como la sexualidad y el género en la agenda de los principales órganos regionales de protección de derechos humanos, así como en la agenda de algunos Estados, que por su promoción de políticas de diversidad han llegado a ser considerados empresarios normativos en relación con el libre ejercicio de la sexualidad humana. En este sentido, se pretende con esta tesis analizar el proceso de reconocimiento de la diversidad sexual como un derecho humano en el marco del sistema interamericano de protección, comprobando el potencial normativo de Argentina, Brasil y Uruguay con respecto a la adopción de normas internas promoción de la diversidad sexual. También tenemos la intención de analizar la norma internacional llamada Convención Interamericana contra todas las formas de discriminación e intolerancia como el primer tratado producido por el sistema interamericano para la protección de la sexualidad como un derecho digno de protección. La investigación ha demostrado que después de la posición adoptada por la Comisión y la Corte Interamericana respecto al ejercicio de la sexualidad, países como Argentina, Brasil y Uruguay promovieron un progreso significativo en el campo de las libertades individuales y en el campo de las políticas públicas de asignación de la sexualidad como un derecho que necesita de una protección efectiva del Estado

Princípios da construção enxuta no processo de planejamento de uma construtora de grande porte de Natal (RN)

Considered as one of the oldest activities done by men, the civil construction represents one of the most important sectors for the economic growth of a country, in spite of the low results of growth in the past few years and also in the current year. To make this industry grow, even with an unfavourable economic scenario, it is necessary to implement an effective planning in its activities. This is one of the most important concepts brought by the Lean Construction philosophy, which had its origin through the adaptation of the concepts established by the Toyota Production System (TPS) or Lean Production. By having as a scenario the city of Natal\RN, the main goal of this dissertation consists in investigating how the 11 principles of the lean construction influenced the schedule of a construction field that started to implement its lean concepts. As a methodology, it was used the case study of a big enterprise located in Natal (RN). During the execution of the method, documents related to the short-term, midterm and long-term planning were analysed , aiming to describe its planning process; it was also described the factors that caused the delays at the enterprises’ field ;in addition, a comparison was made between the results obtained at the case study and the ones presented at the literature; in the end, the actions were listed by the company, which had the purpose to solve the main causes of delays, verifying if they were linked to the lean construction principles. This research finds its reason of existence in the relevance of its theme at the nowadays reality of the construction industry, since the principles of the lean construction uphold the reduction of processes that are useless, diminishing wastes as well as costs in construction. The relevance is perceived for the academy, in terms of the possibility to discuss if the concepts established by the lean production are being adapted to the civil construction sector and how this adaptation is influencing at the buildings planning project. Economic importance, because with the reduction of the wastes and costs, the companies may reduce the building´s value into a more accessible value, even with the sector´s lower growth. And social significance, because lean construction gives a better participation of the labour at the planning activity. Among the main results, the high frequency of planning errors stands out, mainly the programming deviations and not the task programming, as well as the execution errors, low productivity and activities executed by the workers. Amongst the 11 principles of lean construction, only five were related with the 12 actions analysed by the author. From the 12 actions, four were completely cohesive to one or more from these five principles. Some improvement proposals were also highlighted and established by the research.

O processo de ensino e aprendizagem de língua espanhola para alunos cegos: narrativas do ensinar e aprender

En los días actuales, la Educación Inclusiva hay sido eje de amplias discusiones, pues en ella, la educación es direccionada a todas las personas, con discapacidades o no. Por intermedio de ella, todos tienen derechos a una enseñanza de calidad y pueden compartir las mismas oportunidades de aprendizaje. Esta investigación tiene por objetivo hacer un análisis del proceso de enseñanza-aprendizaje de la lengua española en un contexto, en lo cual alumnos con y sin ceguera compartían el mismo espacio educacional. Es por lo tanto un investigación de naturaleza exploratória e cualitaviva, en la cual es utilizada como un herramienta para la recogida de los datos la entrevista semiestructurado con preguntas abiertas, realizada con los profesores de lengua española y sus alumnos ciegos. Como aporte metodológico utilizamos el Análisis Proposicional del Discurso – APD (PIRES, 2008) para que los datos pudieran ser analizados. Los resultados señalaron que, aunque los diferentes condicionantes, los alumnos ciegos, cuanto al proceso de enseñanza aprendizaje de la lengua española, presentan dificultades de orden estructural, personal y pedagógica semejantes. Evidenciado a partir de las declaraciones. También se constató una ausencia de preparación por parte de los profesores referentes a la utilización de recursos didácticos y estrategias de enseñanza que pudieran contemplar a las especificidades de aprendizaje de estos alumnos.

Assédio moral na administração pública e a responsabilidade civil do estado

The social and economic changes of the last decades have enhanced the dehumanization of labor relations and the deterioration of the work environment, by the adoption of management models that foster competitiveness and maximum productivity, making it susceptible to the practice of workplace bullying. Also called mobbing, bullying can occur through actions, omissions, gestures, words, writings, always with the intention of attacking the self-esteem of the victim and destroy it psychologically. In the public sector, where relations based on hierarchy prevail, and where the functional stability makes it difficult to punish the aggressor, bullying reaches more serious connotations, with severe consequences to the victim. The Federal Constitution of 1988, by inserting the Human Dignity as a fundamental principle of the Republic, the ruler of the entire legal system, sought the enforcement of fundamental rights, through the protection of honor and image of the individual, and ensuring reparation for moral and material damage resulting from its violation. Therefore, easy to conclude that the practice of moral violence violates fundamental rights of individuals, notably the employee's personality rights. This paper therefore seeked to analyze the phenomenon of bullying in the workplace, with emphasis on the harassment practiced in the public sector as well as the possibility of state liability for harassment committed by its agents. From a theoretical and descriptive methodology, this work intended to study the constitutional, infra and international rules that protect workers against this practice, emphasizing on the fundamental rights violated. With this research, it was found that doctrine and jurisprudence converge to the possibility of state objective liability for damage caused by its agents harassers, not forgetting the possibility of regressive action against the responsible agent, as well as its criminal and administrative accountability.

Adiamento da aposentadoria e o significado do trabalho para servidores de uma universidade federal

This study investigated the intention of the older workers to continue working after state pension age/time. On this way, it explores the relation between this intention and factors related with the meanings of the work and retirement. Specifically, it was examined that factors related to work and non-work are predictors of the intention to continue working, and it was explored if meanings of retirement are linked to this decision. It is a crosssectional mixed methods study, using a survey conducted with 283 federal civil servants of a federal Northeastern University which were near retirement. It envolved an on-line questionnaire, with open-ended questions and the likert-type scale "Older Worker's Intention to Continue Working" (OWICW) of Shacklock and Brunneto (2011), which was validated to the Brazilian version. The quantitative data were analyzed using descriptive and multivariate statistics, specifically procedures for comparing means and coefficients of multiple logistic regression. The qualitative data were analyzed using the lexicographical technique Descending Hierarchical Classification. The findings indicate that most participants want to continue in paid work, and that perception of personal autonomy at work, interpersonal relationships at work, interests outside of work, and flexible working arrangements are significant predictors of intention to continue working. Furthermore, the perception of personal autonomy at work, flexible working arrangements, and the financial incentives are predictors of decision to postpone retirement and remain in the organization. The analysis revealed five patterns of meanings of retirement: "worker's right", "resting", "idle time at home", "new stage in the life course", and "enjoy the use of time”. The decision to postpone retirement is linked to idleness and lack of substitutionary activities work, and the decision to stop working linked to retirement as a life with more quality. The study provides information that can contribute with management policies before the process of retirement decision.

Projeto de mobilidade urbana: estudo sobre processos de integração com habitação de interesse social nas obras do PAC da COPA 2014 em Natal/RN

The public political investments of urban mobility financed by PAC of Cup 2014 have developed discussions and questions by the civil society in Brazil expecting positive results to the urban infrastructure referring to the possible human rights violation and, specially, rights of habitation related to the removing/expropriation noticed. Natal, capital of Rio Grande do Norte, is into this context, due to the urban mobility project linking North Zone of the city to the Arena das Dunas stadium, financed by the PAC of Cup 2014, named West Structural Corridor, that crosses a field of social interest and proposes almost 400 expropriations. This research analyzes how strategies and mechanisms of integration were presented between the mobility project of West Structural Corridor and the Social Interest Habitation affected by this project. We have as hypothesis those projects financed by PAC of Cup 2014/Urban Mobility to Natal/RN present many problems related to the integration of social interest to the housing project, however the National Politics of Urban Development has planned this integration. As a result we detach 3 strategies in the elaboration process about the integration of those politics: (i) integration between municipal secretaries involved in this project; (ii) urban integration of the city; and (iii) integration of public rules or public politics integrated. For each strategy were presented the main mechanisms used to establish the integration of the project. Those mechanisms, however, in this process of establishment/implementation of the empirical research, presented many contradictions and conflicts that compose problems to the integration between the mobility project and the housing area affected.

Da maniva ao grolado: práticas produtivas e patrimoniais no processo identitário dos Tremembé de Almofala (CE)

The indigenous political scene in Brazil is undergoing transformations that need to be better analyzed by scholars in the field of the Social Sciences. The deficit in the policy of indigenous land demarcation emerges as the largest obstacle in the conquest of collective rights. Therefore, a study to analyze renewed strategies in the struggle for social rights, and their implications in local everyday life relations, is urgent. In this context, the aim of this research is to understand the current social dynamics of identity among the Tremembé people of Almofala, in the state of Ceará, Brazil, with a fieldwork conducted in the flour mill of the Casa de Farinha Comunitária project, in the Lameirão community. Specific aims are: a) to analyze the processes involved in the project in order to comprehend their meanings and appropriations as well as their everyday life and political uses; b) understand the strategies to fight for social benefits; c) analyze the local ethnic classifications grounding the construction of the Tremembé identity in Almofala. Methods deployed are ethnography of communities, used to apprehend the social production of networks of relationships, and a social cartography of practices. The realization of rights demanded by the indigenous populations in Brazil is intertwined with a process of social and legal legitimation their identity and cultural heritage. Such legitimation works as a safeguard mechanism of rights secured by the Constitution. Therefore, to own a “cultural heritage” is perceived as a “passport” to benefit from emerging rights. Amid this context, changes in the traditional processing of the cassava root, a productive practice shared locally by diverse social groups, is reified as cultural heritage by the Tremembé people of Almofala and their network of collaborators in the pursuit of accessing distinctive public policies. Furthermore, the research came across specific social arrangements of local subjects which unfolded internal struggles, enabling to understand the dynamics of the Tremembé of Almofala identity process.

Análise do processo de avaliação de desempenho ambiental face às diretrizes da ISO 14031: um estudo de caso

The present dissertation aims to analyze the evaluation process of environmental performance inside an organization from the building construction section of civil construction based on the NBR ISO 14031 guidelines, which provide orientation regarding the implementation of this project towards the internal organizational management. The theoretical research has addressed concepts and historical development of environmental management inside organizations, from the emergence of the first models to the strengthening of environmental management through the standardization of the Environmental Management System caused by the publication of ISO 14001. It has also addressed the evaluation of environmental performance, the NBR ISO 14031 (concepts, types of indicators of evaluation of environmental performance, the elaboration process of such indicators, as well as its use and evaluation by the high administration). The research has an applied character, with exploratory and descriptive goals, and a qualitative approach based on case study. The data collection will be made through questionnaires, interviews, and documental analysis. Through the present research project, one expects to learn the elements taken into consideration by the organization for the elaboration and selection of indicators; to identify which interested parties contribute in the aforementioned process; to discover which sources are taken into consideration by the organization while establishing its environmental performance goals; to learn how the different kinds of environmental indicators are handled by organizations on daily basis, considering the existence of interferences on the decision making process, whether or not the interested parties are integrated, and if there is an periodical evaluation of environmental performance and how it is handled. One also expects to identify the opportunities for improvement regarding the organization that is object of study.

A responsabilidade civil extracontratual do estado na prestação de serviços públicos de saúde

This study aims to examine the Brazilian legal model for the non-contractual liability of the state in providing public health services, from the perspective of threedimensional theory of law. Up based on bibliographical and documentary research, with emphasis on legislation, doctrine and Brazilian jurisprudence, the following conclusions were reached. The right to health is typified in the Constitution as a social fundamental right, and understands the pretension to obtain from the State, the supply of goods or the provision of services that reduce the risk of disease and other health problems; or promote, protect and recover the physical and mental well-being. Once violated the fundamental right to health, provides the managed, among other fundamental guarantees, the non-contractual liability of the state. The provision of public services by the state can be made directly through the Direct or Indirect Public Administration, or by recourse to private entities. In any case, the provision of public health services is entirely subordinate to the principles of administrative law and should be fully funded by tax revenues. As the provision of public health services is part of the administrative activity of the State, there is no way to exclude the application of the guarantee of non-contractual liability of the state in the face of the damage suffered by administered as users of these services. Therefore, it applies the theory of administrative risk, even in the event of harmful and illegal state failure.

Os programas de incentivo à cultura e o processo de fomento às organizações culturais no Rio Grande do Norte: o caso da Casa da Ribeira em Natal

Since the emergence of the first demands for actions that were intended to give greater attention to culture in Brazil, came the first discussions which concerned the way the Brazilian government could have a positive influence in encouraging the culture, as is its interaction with the actors interested and involved with the cause. During the military dictatorship, there were programs which relied on the direct participation of the State to ensure that right, from the viewpoint of its support and implementation of public resources in developing the "cultural product" to be brought to society in its various forms of expression - all this, funded by the government. It is an example of "EMBRAFILMES" and "Projeto Seis e Meia", continued until the present day in some regions of the country, though maintained by entities not directly connected with the administration or the government. However, it was from the period of democratization and the end of the dictatorship that the Brazilian government began to look at the different culture, under its guarantee to the society. Came the first incentive laws, led by "Lei Sarney" Nº 7.505/86, which was culture as a segment which could receive foreign assistance in order to assist the government in fulfilling its public duty. After Collor era and the end of the embargo through the encouragement of culture incentive laws, consolidated the incentive model proposed in advance of Culture "Lei Sarney" and the federal laws, state and local regimentares as close to this action. This applies to the Rouanet Law (Lei Rouanet), Câmara Cascudo Law (Lei Câmara Cascudo) and Djalma Maranhão Cultural Incentive Law (Lei de Incentivo à Cultura Djalma Maranhão), existing in Natal and Rio Grande do Norte. Since then, business entities could help groups and cultural organizations to keep their work from the political sponsorship under control and regiment through the Brazilian state in the form of their Cultural Incentive Law. This framework has contributed to the strengthening of NGOs and with the consolidation of these institutions as the linchpin of Republican guaranteeing the right to access to culture, but corporate social responsibility was the one who took off in the segment treated here, through the actions of Responsibility Cultural enterprises arising from the Cultural Organizations. Therefore, in the face of this discourse, this study ascertains the process of encouraging the Culture in Rio Grande do Norte from the Deviant Case Analysis at the Casa da Ribeira, the main Cultural Organization that operates, focused action in Natal in order to assess the relationships established between the same entity and the institutions which are entitled to maintain the process of encouraging treated in this study - Enterprise, from the viewpoint of corporate sponsorship and Cultural Responsibility and State in the form of the Laws Incentive Funds and Public Culture Incentive

Estudo sobre a influência do massará no processo de formação de salitre em rebocos na região de Teresina - PI

This work had to verify the influence of massará, while mortar component, in the process of formation of saltpeter in cementitious plaster walls of buildings. The massará is a ceramic material, texture areno usually found in large volumes argillaceous sediments in Teresina, Piaui State capital, which is associated with the Portland cement mortar form for fixing and finishing in construction. Saltpeter or flowering is a pathology that happens in gypsum wallboard, which invariably reaction between soluble salts present in materials, water and oxygen. This pathology, supposedly credited to massará caused its use to suffer significant reduction in the market of the buildings. Verify this situation with particular scientific rigor is part of the proposal of this work. Grading tests Were performed, consistency limits (LL, LP and IP), determination of potential hydrogen, capacity Exchange (CTC), electrical conductivity (EC), x-ray fluorescence (FRX) and x-ray diffraction (DRX). Massará analysed samples in number six, including sample plastering salitrado presented potential hydrogen medium 5.7 in water and 5.2 on KCl n and electrical conductivity (EC), equal to zero. These results pointed to the affirmative that massará is a material that does not provide salinity content that can be taken into consideration. It is therefore concluded that the material analyzed not competing, at least with respect to the presence of soluble salts, for the formation of saltpeter