82 resultados para camila mendonça
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The progress of a nation is closely linked to the energy supply that it has to develop its economic capabilities. The dependence of contemporary society for energy requires the continued expansion of the use of renewable energy, and implies coordinated action of the Democratic State in the delimitation of the best ways to make full use of energy. In periods of rapid development, countries need an increment of energy supplies superior to those of periods of regular economic growth. Energy demand generated by the condition of Brazil as an emerging country reveals the need for orderly expansion of energy supply. In reverse, lack of energy planning effectively paralyzes a country and generates incalculable losses in national socioeconomic development. The Brazilian Constitution abandoned the notion of development tied to the simple increase in the gross domestic product. The respect for the environment, sovereignty, national development, and especially the constant and growing supply of energy, promotes the advancement of national economic agents, and quenches the simple accounting increase in energy supply. Constitutional principles condition the rational use of energy potentials, in ensuring adequate supply of energy for the entire national territory. The Brazilian Ministry of Mines and Energy, through its agencies, government offices and companies, establishes and formulates policies and guidelines for energy in Brazil, playing an important role in national energy planning. National development is enhanced by the good performance of the state agencies responsible for planning the energy sector
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The paper investigates the legal mechanisms used by the Legislature and the Executive to implement the constitutional principle of the teacher s minimum wage, which is proclaimed in the Constitution as a strategy of professional appreciation for this category. The text demonstrates that the legal mechanisms used to value the teacher were: the 1988 Constitution, the constitutional amendments to this Charter updated and modified the original text in relation to the matter, and finally, the Minimum Wage Law . Article nº 206 of 1988 s Federal Constitution established that basic education teachers, who work in public schools, would be entitled to a national minimum wage. Law nº 11.738/2008 ( Minimum Wage Law ) regulated the matter and made other determinations on the relationship between the State and the teachers such as the establishment of parameters for the distribution of the workload of teachers. Based on this law, since 2009 the minimum wage has been set annually by the Federal Government. However, state governments and municipalities throughout Brazil protested prescriptions contained in the Minimum Wage Law . In this context, some governors and mayors led the Supreme Court regarding the constitutionality of this law. The complainants considered that there was unconstitutional by the following: definition of the teacher s workday, which in the complainants point of view was competence of local governments; ensuring that teachers receive salaries tied to the minimum wage with retroactive effect; transformation of the minimum wage in basic salary, lack of sufficient budget in the states and municipalities to honor with the new values to be paid to teachers and, finally, determining workload for the teacher to perform other activities besides classroom activities. At the trial held at the STF the majority of Ministers rejected the claim and considered that the Minimum Wage Law , taken together, was constitutional. However, this decision did not alter the position of the managers or the interpretation of the ministers who agreed with the unconstitutionality of some aspects of the law. This means that one law can present differences in interpretation between ordinary people and among members of the Judiciary. The search showed the following conclusions: the law is not a definitive parameter of justice, because it is deeply linked to various interests; the development, implementation, and judgment of laws dealing with minimum wage of teaching are linked to historical and cultural aspects of society; the demand for enhancement of teacher and setting a minimum wage has only emerged in the late twentieth century, a fact explained in this work based on data that indicate the recent concern of Brazilian State with schooling a phenomenon typically Republican and with the professionalization of teaching emerging concern from the knowledge society; the Legislative and Executive search mechanism to implement the minimum wage of the teachers because of the contemporary need for professionalization of teaching
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Brazilian law passes through a crisis of effectiveness commonly attributed to the extravagance of fundamental rights and public shortage. However, public finances are not dogmatically structured to solve the conflicts around the limitations of public spending. There are ethical conditioning factors, like morality, proportionality and impartiality, however, these principles act separately, while the problem of public shortage is holistic. Also, the subjectivity of politics discretionary in the definition of public spending, which is supported in an indeterminate concept of public interest, needs material orientation about the destination of public funds, making it vulnerable to ideological manipulation, resulting in real process of catching rights. Not even the judicial activism (such as influx of constitutionalism) is shown legally appropriate. The Reserve of Possible, also presents basic ethical failure. Understanding the formation of public shortage is therefore essential for understanding the crisis of effectiveness of state responsibilities, given the significant expansion of the state duty of protection, which does not find legal technique of defense of the established interests. The premise of argument, then, part of the possibility of deducting minimal model ethical of desire to spend (public interest) according to objective parameters of the normative system. Public spending has always been treated disdainfully by the Brazilian doctrine, according to the legal character accessory assigned to the monetary cost. Nonetheless, it is the meeting point between economics and law, or is in the marrow of the problem of public shortage. Expensive Subjects to modernity, as the effectiveness of fundamental rights, pass necessarily an ethical legal system of public spending. From the ethical principles deducted from the planning, only the democratic principle guides the public spending through the approval of public spending in the complex budget process. In other words, there is an ethical distancing of economic reality in relation to state responsibilities. From the dogmatic belief of insufficiency, public spending is evaluated ethically, according to the foundations of modern constitutionalism, in search of possible of the financial reserve, certain that the ethics of public economy is a sine qua non condition for legal ethics.
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The 1988 Federal Constitution of Brazil by presenting the catalog of fundamental rights and guarantees (Title II) provides expressly that such rights reach the social, economic and cultural rights (art. 6 of CF/88) as a means not only to ratify the civil and political rights, but also to make them effective and practical in the life of the Brazilian people, particularly in the prediction of immediate application of those rights and guarantees. In this sense, health goes through condition of universal right and duty of the State, which should be guaranteed by social and economic policies aimed at reducing the risk of disease and other hazards, in addition to ensuring universal and equal access to actions and services for its promotion, protection and recovery (Article 196 by CF/88). Achieving the purposes aimed by the constituent to the area of health is the great challenge that requires the Health System and its managers. To this end, several policies have been structured in an attempt to establish actions and services for the promotion, protection and rehabilitation of diseases and disorders to health. In the mid-90s, in order to meet the guidelines and principles established by the SUS, it was established the Política Nacional de Atenção Oncológica PNAO, in an attempt to sketch out a public policy that sought to achieve maximum efficiency and to be able to give answers integral to effective care for patients with cancer, with emphasis on prevention, early detection, diagnosis, treatment, rehabilitation and palliative care. However, many lawsuits have been proposed with applications for anticancer drugs. These actions have become very complex, both in the procedural aspects and in all material ones, especially due to the highcost drugs more requested these demands, as well as need to be buoyed by the scientific evidence of these drugs in relation to proposed treatments. The jurisprudence in this area, although the orientations as outlined by the Parliament of Supreme Court is still in the process of construction, this study is thus placed in the perspective of contributing to the effective and efficient adjudication in these actions, with focus on achieving the fundamental social rights. Given this scenario and using research explanatory literature and documents were examined 108 lawsuits pending in the Federal Court in Rio Grande do Norte, trying to identify the organs of the Judiciary behave in the face of lawsuits that seeking oncology drugs (or antineoplastic), seeking to reconcile the principles and constitutional laws and infra constitutional involving the theme in an attempt to contribute to a rationalization of this judicial practice. Finally, considering the Rational Use of health demands and the idea of belonging to the Brazilian people SUS, it is concluded that the judicial power requires ballast parameters of their decisions on evidence-based medicine, aligning these decisions housing constitutional principles that the right to health and the scientific conclusions of efficacy, effectiveness and efficiency in oncology drugs, when compared to the treatments offered by SUS
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This work has as objective to rise stages of the human beings dignity evolution and its superposing with the entirety and the men s activities development, until its elevation as a constitutional principle and its evolution as a judicial decisions vector, being important to register that conviction ethics or convenience ethics imposes the existence of the constitutional principle. Human beings dignity principle deals about a historic and cultural, politic and social and economical construction, whose sloping is violently imposed to the production resources, which drives the present work through a trial of clarifying and aggregating all those nuances of the men s stages until they find out, welcome and construct the human beings dignity in all its subjective and objective aspects. The adopted research method was based in historic enrolment of the appearance among people since the bases of the word dignity until the acceptation of this value in the Brazilian society. This research searched dignity s doctrinaire valuation at the juridical point of view and the way of appreciation of this value, in its condition of constitutional principle, by the Brazilian Judicial Power. The work concludes that man and Law s evolution, in this moment, exposes, necessarily, an ethical posture in favor of dignity
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The existence of inequalities among the Brazilian regions is an indeed fact along the country s history. Before this reality the constitutional legislator inserted into the Federal Constitution of 1988, as a purpose of the Federative Republic of Brazil, the reduction of regional inequalities. The development has also been included as a purpose from the State, because there is an straight relation with the reduction of regional inequalities. In both situations is searched the improvement of people s living conditions. . In pursuit of this achievement, the State must implement public policy, and, for this to happen, it needs the ingress of income inside of the public coffers and support of economic agents, therefore the importance of constitucionalization of the economic policy. The 1988 s Constitution adopted a rational capitalism regime consentaneous with current legal and social conceptions, that s why it enabled the State s intervention into economy to correct the so-called market failures or to make the established objectives fulfilled. About this last one, the intervention may happen by induction through the adoption of regulatory Standards of incentive or disincentive of economic activity. Among the possible inductive ways there are the tax assessments that aim to stimulate the economic agents behavior in view of finding that the development doesn t occur with the same intensity in all of the country s regions. Inside this context there are the Export Processing Zones (EPZs) which are special areas with different customs regime by the granting of benefits to the companies that are installed there. The EPZs have been used, by several countries, in order to develop certain regions, and economic indicators show that they promoted economic and social changes in the places where they are installed, especially because, by attracting companies, they provide job creation, industrialization and increased exports. In Brazil, they can contribute decisively to overcome major obstacles or decrease the attraction of economic agents and economic development of the country. In the case of an instrument known to be effective to achieve the goals established by the Constitution, it is duty of the Executive to push for the law that governs this customs regime is effectively applied. If the Executive doesn t fulfill this duty, incurs into unjustifiable omission, correction likely by the Judiciary, whose mission is to prevent acts or omissions contrary to constitutional order
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This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies
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The fundamental social right to education has a lengthy constitutional argument, having been declared as a right to everyone in the Title dedicated to the fundamental rights and warrants and, later, scrutinized in the Social Order Chapter exclusively devoted to this theme, where specific rights are guaranteed and fundamental duties are imposed to family, society, and state. In that which concerns education, the 1988 Constitution is the result of a historical-normative process which, since the days of the Lusitanian Empire wavering between distinct levels of protection warrants in some way the educational process. Nevertheless, not even the State s oldest commitment to education has been fully achieved, namely, the annihilation of illiteracy. Even as other fundamental social rights, education is inflicted with the lack of effective political will to reach its fulfillment, and this is reflected in the production of doctrine and jurisprudence which reduce the efficacy of these rights. The objective of this work is to analyze what part is to be played by the constitutional jurisdiction in the reversal of this picture in regards to the fulfillment of the fundamental social right to education. Therefore it is indispensable to present a proper conception of constitutional jurisdiction its objectives, boundaries and procedures and that of the social rights in the Brazilian context so as to establish its relationship from the prism of the right to education. The main existing obstacles to the effective action of constitutional jurisdiction on the ground of social rights are identified and then proposals so as to overcome them are presented. The contemplative and constructive importance of education in the shaping of the individual as well as its instrumental relevance to the achievement of the democratic ideal through the means of the shaping of the citizen is taken into account. The historical context which leads to the current Brazilian educational system is analyzed, tracing the normative area and the essential content of the fundamental right to education aiming to delineate parameters for the adequate development of the constitutional jurisdiction in the field. This jurisdiction must be neither larger nor narrower than that which has been determined by the Constitution itself. Its activity has been in turns based on a demagogic rhetoric of those fundamental rights which present a doubtful applicability, or falling short of that which has been established showing an excessive reverence to the constituent powers. It is necessary to establish dogmatic parameters for a good action of this important tool of constitutional democracy, notably in regards to the fundamental social right to education, for the sake of its instrumental role in the achievement of the democratic ideals of liberty and equality
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This study aims, to characterize the diversity of cephalopods by analyzing the stomach contents of fishes caught in the islands of St. Peter and St. Paul (ASPSP) and Fernando de Noronha (AFN). Also, verify the participation of cephalopods in the diet of their main predators. A total of 723 stomachs were collected, from 8 species of fish, caught by the fishery, 471 stomachs were from ASPSP and 252 were from the AFN. It was recorded the occurrence of food items (fish, cephalopods and crustaceans) and the cephalopods were identified to the lowest taxa possible, according to specialized literature. The Ommastrephidae family represented 84.46% of occurrence in the ASPSP and 63.48% in the AFN, confirming the importance of this family in the area studied and also in the diet of their predators. Among the species with greatest occurrence Ornitoteuthis antillarum was the most representative in both regions. This species had an average mantle length of 54.25 mm, thus demonstrating that the majority of this population is in the juvenile stage of development. The smallest species found was Argonauta nodosa with a mantle length of 4.06 mm and the largest was Ommastrephes bartrami, with 223.33 mm. In the AFN, the species richness (d) was 2.318, the diversity index (H ') was 1.454 and the measure of evenness (J) was 0.585. In the ASPSP, the species richness (d) was 2.66, the Shannon diversity index (H ') was 1.013 and the measure of evenness (J) was 0.373. AFN has a greater cephalopod diversity than ASPSP, confirming the pattern suggested by the Theory of Island Biogeography. Among the occurrence of prey items for all predators, the cephalopods are secondary preys. The most important cephalopod species in the diet of Thunnus albacares and Acantocybium solandri was Ornithoteuthis antillarum. These predators have different niche width the diet of Thunnus albacares is more specialized, but they have an overlap of 84.684% in the trophic niche, suggesting that in the ASPSP these two species may use similar niches
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Conselho Nacional de Desenvolvimento Científico e Tecnológico
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This study addresses issues related to the mathematical knowledge and practices of the workers of carcinoculture (shrimp farming), associating such knowledge and practices to the conceptual aspects and the academic mathematical language. Our central aim was to investigate and discuss such knowledge and practices in order to contribute towards having the members of this group reflect upon their own working practices. The investigation took as reference the ethnographic research approach during observations and interviews, as well as the analysis and interpretation of the existing cultural aspects on the use of Mathematics in the shrimp farmers daily activities, thus composing the four chapters of this dissertation. Initially, the local-regional context was set in the area where the workers of the shrimp farm reside, also describing our methodological options. After that, the kind of work that was carried out is explained through a brief history of the shrimp-farming activity, including a short discussion on the environmental impacts that result as a consequence of shrimp-farming. We then discuss some theoretical and practical aspects of the Ethnomathematics while field of study and research. At that moment, we make a reflection upon the different kinds of Mathematics, especially stressing the kind of Mathematics being taught in Schools and that being put to practice by identifiable cultural groups. With that in mind, we show the investigated knowledge and practices e some possible systematizations accomplished during the study. In the end, we point out some conclusive propositions based on the implications of our study towards the development of an educational process within the local communities, considering a possible use of the results and conclusions of this study in the classroom activities
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As a result of the prediction of irreversible changes on necessary conditions to maintain life, including human, on the planet, environmental education got the spotlight in the political scenario, due to social pressure for the development of individual and collective values, knowledge, skills, attitudes and competences towards environmental preservation. In Brazil, only in 1999 the right for environmental education was officially granted to people, having the status of essential and permanent component in the country s education. Since then, it has been Government s duty, in each federal branch, to plan actions to make it happen, in an articulate way in all levels and modalities of the education process, both formally and informally. This work of research has environmental education in the school as subject matter, and aims on analyzing social and political mediations established between this National Environmental Education policy and the contexts associated to the legislative production process, the political nature of the conceptions about environmental education that underlie Law 9.795/99 (Brazil, 2009c) and also Rio Grande do Norte Government s actions and omissions related to the imperative nature of the insertion of environmental education in the schools ran by the state, during the ten years this law has been in force. The investigation of the subject matter was led by a social and historical understanding of the social and environmental phenomena, as well as of the education system as a whole, considering that only through a dialectical view we can see the real world, by destroying the pseudo-concreteness that surrounds the topic. While analyzing, we assumed that in face of the dominance of a social organization in which market regulations rule on environmental ones, by developing individual and collective critical conscience, environmental education can become a threat to dominant economical interests in exploiting natural resources. The results of this research suggest that as an educational practice to be developed in an integrated, continuous and permanent fashion in all levels and modalities of formal education, environmental education has not yet come to pass in the state of Rio Grande do Norte, due to the neglect and disrespect of the government when facing the need of promoting the necessary and legally appointed measures to make it present in the basic education provided by the state. The legislators silence when it comes to approving a regulation on environmental education essential to define policies, rules and criteria to teaching the subject in the state and the omission from the public administration regarding critical actions in order to integrate in public schools the activities related to the National Environmental Education Policy, represent a political decision for not doing anything, despite the legal demand for an active position. This neglecting attitude for the actualizing of strategically concrete actions, urgent and properly planned for the implementation of environmental education in schools in a multidisciplinary way, exposes the lack of interest the predominant classes have in such kind of education being made available, as it could be developed based on a critic political view, becoming a political and educational action against dominance. When analyzing the basic principles and fundamental goals in Law 9.795/99 (Brazil, 2009c) the development of a critic environmental education is really possible and concurs with the National Environmental Education Policy, reflecting the social and political mediations established between this public policy and the contexts associated to its legislative production process, which are responsible for approving a regulation which also represents the mind of the people about environmental protection above anything else
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This thesis entitled SINAES: the different faces of the evaluation at UFRN, aims to analyze the configuration that the national policy for assessment in higher education has taken on UFRN. We assume that in recent years there are an oscillation between the concepts of evaluation, according with the logic of public administration it has preferred an approach that presents itself as a promoter of quality, sometimes with regulatory aspects, sometimes with educational ones. The text discusses the use of the new assessment tools for higher education placing them under the new demands on state reform context in which this is to promote and measure quality based on the values of excellence and competitiveness. This movement arises from the redefinition of the role of the State that has been taking features of Evaluator State. From a historical review of government initiatives in the field of evaluation, we analyze the characteristics of assessment policies outlined over the past decades. We are based on the theoretical method that aims to examine the multiple determinants that shape a particular reality from the larger movement of totality. To identify, in this case, connections and ruptures that have emerged over the history of assessment policies aimed at higher education by checking their determinants in order to better explain the reality. To investigate the object of this study we used as instruments: the research literature and research documents, the semi-structured interviews and non-participant observation. The study revealed that there are different practices of evaluation and that before to establishment the SINAES program, the UFRN already had a culture of an institutional assessment, more participatory and democratic, opposing to the rigidity of the self-assessment in SINAES program that it was instituted by the Commission for assessment (CPA). We also noticed that the implementation of the SINAES at URFN has been performed very slowly and the breadth and complexity of the evaluation process has contributed to hinder its implementation in all dimensions provided by MEC. Although it was observed that in its operationalization the SINAES has assumed a more normative assessment and directed to establish rankings between courses and higher education schools than to establish a more qualitative assessment in this system. As regards the evaluation of the undergraduate course studied on this research and subjected to the three dimensions of evaluation proposed by SINAES (self-assessment, Evaluation of Courses and ENADE) it was not possible to verify an effective integration between the methods of assessing conducted. The results are considered separately, in only a partial view of the course evaluated the proposal what pits the SINAES as a system that involves the totality
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The study object of this thesis intertwines the history of deaf education in the last 30 years in three schools for the deaf in the cities of Campina Grande, Gado Bravo and Aroeiras, Paraiba, the life stories of six deaf teachers of brasilian sign language (Libras) that have formed and works in these educational institutions for the deaf and our own journey, as a teacher and researcher. The study was conducted on the theoretical-methodological principles of (auto)biographical research in education and socio-historical studies on the social formation of the human. The corpus used for analysis was consisted of six narrative interviews conducted in sign language and transcribed into portuguese, documents and personal files and institutional. The analysis allowed us to define three hinge moments of this story: the creation of the first school for the deaf, within the framework of oralism (1980 - 1991), the passage into the Total Communication (1991 - 1995) and, finally, the introduction of Bilingualism (1995 to today). The analyzes show that the trajectories of teacher formation of the research participants reflect the history of the three schools which have costituted bilingual social spaces of paramount importance to the subjects and the deaf community as a group of linguistic and cultural minority. The evolution of this trajectory has allowed to demarcate between the two generations of research participants. The generation of heirs of oralism, which had delayed access to the Libras and lived an education referenced in oralism, whose reminiscences of childhood and adolescence are strongly marked by suffering for the lack of communication, which hinders their social and professional career until today. And the generation of the sons of bilingualism, the youngest in age, who had childhood access to Libras and education within the framework of bilingualism, whose reminiscences are not marked by suffering and have a positive vision of the future. With respect to your teacher formation, three figures stand out as a teacher. The teacher's improvised, closer to the first generation of teachers who were called to teach without proper training. The figure of the teacher craftsman, which corresponds to the image that most of them have of yourself now, understanding that their knowledge are based on the exchange between peers. And finally the figure of the real teacher, which stands on the horizon of expectations as future graduates in Letters |Libras. The narratives allowed to realize that the evolution between these figures is based on the contributions of the other: hearing teachers of EDAC and the Federal University of Campina Grande and deaf teachers of the two generations who learn from each other. The analyzes and reflections allowed to defend the thesis of the centrality of bilingual environments for the establishment of the deaf person as a citizen with full rights, based on the voice of the deaf, muted by the history of education, conducted by listeners
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The thesis investigated how social networks online that allows anonymous postings can be used by teachers and students to promote the meeting between the sexual education and the needs and expectations of young people face a crosscutting theme, remarkably a taboo. It needs teaching strategies more efficient than those traditionally defended. With this experience, found in a short course about sexuality and health, we sought to go beyond the use of social networks for social entertainment, showing they can be an field that favors the process of teaching and learning. The research was based on the convergence of the communication concepts from Paulo Frere and another from Jürgen Habermas, as well as the philosophical concepts of utopia, ideology and dialectic are interrelated not only among themselves, but also inside an education field. Methodologically in this thesis, we adopted the category of qualitative research; the method is a combination of case study with action research. The technique was the use of questionnaires, data collection was in attendance and the types of data were primary. Finally, we present, then, the idea the communication is not in the middle, but in the trusty relationship established between the interlocutors. In this way, we can think when a student has met their need to be able answer his questions about sex with their teacher through an online social network that allows anonymity and through which the student knows who responds is their teacher, but the teacher can not distinguish the identity of his students, this dialogic relationship serves to get claims of the validity that are characterized as potential communicative action