A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

A constitucionalização da solução pacífica de conflitos na ordem jurídica de 1988

In the Brazilian legal context, conflict resolution is studied and analyzed over a majority jurisdictional view, which is one of the reasons of litigation culture that creates a jurisdictional resolution hopeness. The practical impact of such reality is the loss of quality in the public service of the judicial function, moved, as a rule, by the overcrowdings, slowness of legal procedures and the relegation of peaceful resolution methods to peripheral plan. However, the Federal Constitution of 1988, following the Ordinary Law constitutionalization phenomenon provides specific guidance about the values towards the litigation resolution. The study, therefore, aims to approach the constitutionalization of conflict resolution in order to identify, through scientific and spiritual interpretation in conjunction with the systematic paradigm, what are these values, as well as operation and legal representation and practice of these measurements. In this sense, the thesis is to study the initial point of the analysis of conflict theories and explanations about the culture of litigation matched with concepts of creation and interpretation, constitutionalization, access to justice and social pacification public policies. It is used for this purpose, the logical-deductive method with the aid of the dialectic immanent in Law

As zonas de processamento de exportação como instrumento de desenvolvimento e redução das desigualdades regionais

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

Sobrevivência de adultos e estimativa populacional da guaracava-de-topete-uniforme elaenia cristata (aves: tyrannidae) em fragmento de mata atlântica no Nordeste do Brasil

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Mudanças no rural nordestino: uma análise dos determinantes da pluriatividade nas famílias rurais nordestinas, no ano de 2011

This study aims to the evaluate the determinants for rural households northeastern be pluriactive, in 2011. For this, at first, we conducted a review of national and international literature in order to get beyond the theoretical part which refers to the study of pluriactivity identify possible determinants of the phenomenon. In this rescue, it was the observed determinants could be macroeconomic in nature and / or microeconomics. Therefore, it became necessary to describe the characteristics of the region under study, the Northeast. In order to identify the determinants were two estimated Probit models, one based on the literature review and the second with a variable characteristic of the Northeast, the transfers. For this, we used the PNAD in 2011. The results indicate both the microeconomic determinants are : gender, race, age, years of education, hours worked, number of family members, per capita income, transfer the macroeconomic in nature: living conditions (water, energy, sanitation ), housing location. In addition to identifying the determinants, the Econometric model allows to know the probability of each variable on the dependent variable, which stood out: the transfer variable, gender, per capita income, number of family members, housing conditions and housing location. Therefore, it is concluded that it is the set of determinants (macro and micro) allow rural families become northeastern pluriactive. However, one can not fail to consider may also have other determinants were not captured due to the availability of data, which may be indications for future studies. In summary, the pluriactivity in the Brazilian Northeast is a phenomenon distinct from found in Europe and southern Brazil. It is a pluriactivity survival that is part of the strategies of rural households in the Northeast to ensure their social reproduction amid the poverty of the region

Tornar-se, ser e viver do professorado: entre regularidades e variações identitárias

The main aim of this research has been to analyze the identity patterns of the teacher s staff of fundamental education public schools in the Metropolitan Area of Natal-RN. It sets out from the hypothesis that being a teacher within this context grows out of the regularities of a specific habitus, which, according to Bourdieu, develops into mental schemes of thought and action within a specific social group. This habitus forms the basis on which is built the social representation of being a teacher prevailing in the group, as well as the symbolic differences that typify its identity variations. Three data sources have been fundamental in building up this thesis: (a) formative essays of students graduating from a Higher Teacher s Formation Course, as well as observing some of the public defense of these essays during field work; (b) a questionnaire aimed at classifying economically, socially, and culturally a sample of public teachers of the Natal-RN county; and (c) submitting a sub-sample of this group to the process of Multiple Classification Procedures (MCP). The analysis of data was done according to the multidimensional, non-parametric statistical procedures of both the Category Content Analysis and Enunciation Analysis methods. The results of the analysis took into account an ample set of variables, its associations and implications, the cultural and social profile of the population under scrutiny, their life styles, as well as the strategies they developed in the process of becoming a teacher, and the social representation of being a teacher . We came to the conclusion that the social identity of the teachers corps, or as we prefer to say it being a teacher , is a result of a set of regularities produced by the habitus that gives social shape and meaning to the existence of the group proper. We note the existence of identity variations caused by the variables (a) educational level; and (b) mode of action in fundamental education (if these are the first or last grades where the subjects operate). However, these variations will not break the power of the regularities that give shape, meaning, and social visibility to the group. The social representation of being a teacher points to the tensions, ambiguities, and trends inherent to common sense, as well as to a strong tendency to reassign a new meaning to being a teacher. Our thesis, therefore, is that the identity configuration of the teachers corps under scrutiny is characterized by an integrative synthesis, by-product of a habitus that is superimposed, and at the same time co-exists with different identity variations

A (re)significação conceptual nas práticas colaborativas com professores do Ensino Fundamental

The work objectified to apprehend the degree of the teachers' concept concerning the territory concept and to intervene with situations of critical reflections to accompany and to analyze the process of conceptual elaboration. It contemplates on the (new)meaning of knowledge and (new)elaboration of the concept in study done inside a pedagogic intervention. The Municipal School Dr. Julio Senna - Ceará-Mirim/RN and six (6) teacher-collaborators that taught in the 3rd and 4th grades of the fundamental teaching, constitutes the empiric field of the research. Its theoretical-methodological contributions are built in the studies of Vigotski (2000a, 2000b and 2001) on the formation process and development of concepts; in the methodology colaborate (Ibiapina (2004), Bartomé (1986), Kemmis and Mctaggart (1988), Arnal, Del Ricon and Latorre (1992), Pepper and Ghedin (2002), among others) and in the critical-reflexive conception of the Geography (Soares Júnior (2000 and 1994), Silva (1998), Raffestin (1993), Santos (1994), Felipe (1998), among others). The accomplishment of the work presupposed starting from the reflections on the following subjects: which the teachers' understanding in the school space concerning the territory concept? How does happen the process of conceptual construction territory for the teachers? The analysis of the teachers' previous knowledge on the concept in study, evidenced that its apprehensions on the attributes of the referred concept went mentioned the to light of the perceptible dimension of the real-concrete relationships of the reality linked to the degree of the spontaneous concepts and followed by the ideas of the traditional, humanistic and cultural geographical conceptions (positivism and phenomenology), restricting the territory meaning the notion of State-Nation and place of the men's dwelling. In the intervention process, it was verified to real possibility of the acquisition of indispensable scientific concepts to the process of (new)meaning conceptual of geographical knowledge through the continuous practice of the educational formation, when it was evidenced that the teacher-collaborators acquired high degrees of attributions of the significance of the territory concept to the they elaborate generalizations by means of analyses and syntheses of the concept-attribute (essential and multiples) of the reference conceptual in study

A Formação de Padres no Nordeste do Brasil (1894-1933)

The Nossa Senhora da Conceição Seminary, installed in 1894, by Dom Adauto Aurélio de Miranda Henriques, first Paraíba Bishop, and the Episcopal Seminary of the Sagrado Coração de Jesus, implanted in 1913, by Dom José Thomas Gomes da Silva, first Aracaju s Bishop diocese, were created as a result of lack of an official religious process proposed by the Brazilian Republic Proclamation, in 1889. With the appoint to enlarge the number of priests and change the image of the priest married and unrolled who used to identify the Catholic Church in the colonial and imperial Brazil. Such bishops developed into intellectuals in the government, dioceses and formation priest houses. I take as a study object, for this doctorate paper, the academic formation and priesthood developed in theses seminaries, from 1894 to 1933, once 1894 the year of João Pessoa Creation Seminar that was implied the Minor Course (preparation) and the Major one (built by Philosophy and God related studies) and the research limit year of 1933, is concerned about the Major Sergipe Seminary ending, which was created and has worked offering the Minor and Major courses, from 1913 to 1933. Showing the teaching models that guided and leaded the priest formation, referred as Seminaries, and the application result is the objective of this investigation. To comprehend the teaching models seminaries studied, my research line is the Catholic Church theme and priest formation in Brazil. In front of the object and the objective desired, I chose the historical comparative method and the scholars modals notions of Araujo de Barros (2004) and the Sirinelli intellectuals (1996). Such references allowed me to analyze the formation given in the seminary and seminarian participation and actions, included the sequence after the scholars formation. The thesis defended is that the teaching model developed in the Brazilian Seminaries, created after a non official religious process in the Brazilian government, deal with a model of one unique center (Seminary formation and aim pre arranged by Santa Sé), although adapted, presuming the local reality and formation structure (privileged not only spiritual and moral speaking, but intellectual also), was it responsible for intellectuals generations (teachers priests, educationalist priest, journalists priests and so on) that boost the education in Brazil. During the Republic first three decades, when, in thesis, the Government was becoming free religion, i.e., the government did not subsidize the Church anymore, and the Government, among others aspects, did not received any Church care to help the public teaching in the country. The investigation reveled accede, by bishops and their followers, such as by the Concílio de Trento pre concept, or by the others ideas, leading by the priests formation in Seminaries. By creating and stalling diocese Seminary, Bishop Dom Adauto and Dom José went further their functions, by the time they built inside themselves a teaching model thought from the main pedagogic logic, based on several religious exercises, moral and ethic, considered by themselves several knowledge connected to humanity, philosophy and God related studies). Following clearly rationalism principle (the way of teaching, which each subject has its own teacher and this class get together students with the same knowledge, regardless of age) and efficiency (trying to teach the whole content in each class), the Seminaries researched developed a whole education, allowed the structure of a spiritual education, moral and intellectual, for a quality developed by priests, including different levels that they used to performance. Their bottom line, actions and priest matter achievement allowed their broad fulfillment, in the way that priests matter were associated with cultural, educational, welfare assistance, at last, intellectuals

Palmyra Wanderley e a educação da mulher no cenário Norte-rio-grandense (1914 -1920)

The present work has the intention to analyze the contribution of the writer and journalist Palmyra Guimarães Wanderley to the education, throughout her writings in the period between 1914 to 1920. I search through her journalist writings produced in the feminine magazine Via Láctea (1914-1915) her idealization, and as in the newspaper A República e Diário de Natal, in the decade of 1920 establishing relationships with education, mostly because of her production in the pages of the paper articles regarding feminine education and women condition. At the same time I sketch the biographic profile of Palmyra Wanderley relating her to the historical moment that she lived. To achieve the proposed goals I begin with a documental research within the available archives and use other sources like pictures and interviews with her relatives. The results of the research show that the worry of Palmira Wanderley with the education in our state, goes beyond her published writings in magazines and newspapers. She has been ahead of Escola de Comércio Feminino and Aliança Feminina, she has also done a conference in the House of the Young Single Ladies' Protection (Casa de Proteção às Moças Solteiras), institution of the Aliança s responsibility that offered shelter, food, formal and religious education to the workers of the Fabric Factory of Natal (Fábrica Tecidos de Natal). Her involvement evidences her contribution to the historiography of the education in Rio Grande do Norte, specially the history of women education ensuring her presence in the day by day history

Retratos, imagens, letras e numeros colados nas paredes:representaçãoes sociais de escola para ribeirinhos dos rios Môa e Azul - Acre

Remote Communities. Absence of artifacts and minimization of the exacerbated consumption of modernity. The desire which spread beyond what reality can provide. Expressions like this are present in this paper which focus in the social representations of school built by residents who live at the riversides of Môa and Azul Rivers, in Mâncio Lima, Acre State. To do so, we used the methodological contribution of the semi-structured interview, observation of the place while a natural inhabitant of the region, and also photos analyses of local reality. A key feature of the riverside homes is the glued paper on the walls of houses forming a panel set of portraits, pictures, letters and numbers for all appreciated. Regardless of whether or not read, there is admiration for the color of the images, the layout of the letters, and the things of the city awakening the desire to obtain school knowledge. The resident of this Amazon region maintains a close relationship between thinking, acting and feeling living harmonically with nature that connects them to the ideal landscape which is revisited by the graphic material that attracts wondering what exists beyond the shores of the river, beyond the horizon of green forests. It is a life entirely accomplished by the imaginary where exist a framed landscape merged and confused by the real and the supernatural, in which men and gods walk together by the forest, sailing by the rivers and seek a possible aesthetic between the real and ideal. The Theory of Social Representations spread by Serge Moscovici (2005) and Jodelet (2001) guided our gaze on the understanding what the school is and its representation to the riversides, as well to reveal the relation they practice with the knowledge that is spread by the mystification and the knowledge that is practice daily. Based in Bardin s thematic analysis (2004) we tried to raise such contents combining them in five analysis categories

Praxiologia, representação social de menopausa e práticas educativas de enfermeiras na estratégia saúde da família

This research, whose theme is related to climacteric, aims to know the social representation of menopause developed by the nurses working for Estratégia Saúde da Família (Family Health Strategy) in João Pessoa PB, as well as identifying its structure and verifying the way it interferes with the assistance and educational practices to the climacterial user. In the theoretical level, it is based on a model that articulates the social representations theory, the central nucleus complementary theory and the central concepts of Pierre Bourdieu s praxiology: habitus, cultural capital, social field and symbolic power. A hundred and forty-seven female nurses who work for Estratégia Saúde da Família (Family Health Strategy) in João Pessoa (PB) took part in this research, and the data collection period was from February 2008 to March 2009. As to the methods and techniques, we used the method to determine the central nucleus based on the free association of words, a questionnaire to identify certain regularities that constitute the nurses habitus, and the semi-structured interview to explore opinions and attitudes when facing assistance situations and educational practices and to collect other relevant information. The data analysis was developed, when referring to the free associations, with the help of the EVOC software, which is a group of articulated programs which carry out the statistical analysis of the evocations and the identification of the possible elements of both the central nucleus and the peripheral system of the social representation. As to the questionnaire, we used the descriptive statistical analysis and the analysis of correlation between the variables. The interviews were submitted to a categorical analysis of the content. The EVOC result indicated that the cognition hormone was the only element of the central nucleus of the social representation of menopause. Due to its symbolic value and structuring power, this central nucleus ensures the strict and, at the same time, flexible character of the representational content. The analysis of the social advancement, of some fundamental features of the group habitus, as well as the analysis of its insertion in the health field and of the attitudinal opinions and dispositions concerning the assistance given to the climacterial user, and the analysis of the pedagogical dimension of this assistance, all these analyses lead to the conclusion that the nurses who took part in this research share a social representation of the menopause resulting from the association of different technical and scientific knowledge. These derive from the biomedical pattern as well as from hegemonic values which disqualify old age and overvalue youth, from pedagogical conceptions arising from patterns that are presently regarded as authoritative and old-fashioned and from cultural references (responsible for the semantic variations concerning the central nucleus) which are specific to the subgroups the nurses belong to. This research enables the creation of opportunities for discussion between active nurses working for Estratégia Saúde da Família, and the nurses who are teachers at institutions of higher education, aiming at linking theory to practice, so that they can find ways of thinking about the climacteric and working, in a more comprehensive way, with users who are experiencing this stage of life

Potencialidades do uso do blog em educação.

This research is an interpretative analysis of the type participatory research, developed in a qualitative and quantitative use of the blog as a support to a specific discipline, in order to identify the potential evident from its use. The report discusses the changes that have occurred in contemporary society, relating to the development of information technologies and communication (ITC s), presents a brief review of the historical background of the Internet and its use as an aid to education, emphasizing some environments inserted media the Internet, focusing on the main blog - its concept, origin and categorization, and analyzes the concepts of using the blog from the dialogues with teachers and students of pedagogy course at the Federal University of Rio Grande do Norte. Started from the assumption that the use of technological resources, such as blogging, with strictly educational purposes, can extend the knowledge beyond the walls of the classroom, thus creating a dialogic and interactive environment. Using data collected through interviews, questionnaires and observation, we seek to understand the object of study as a supportive environment for the teaching of a subject, raising some theoretical and methodological questions about its application to educational practice, and possible contributions to the construction of knowledge. The results indicate that there are several capabilities that make the blog a space conducive to teaching and learning process, and relates the concepts of the study participants about their use, highlighting the most important places to be solved, so that teachers and students to take ownership of knowledge necessary for capacity building required by the contemporary social context, due to the advancement of science and technology.

Fugindo da banalidade: o uso do orkut como extensão da sala de aula

This dissertation investigated the insert and use of the education technologies in the on-line social net Orkut, as an extension of the classroom, especially for debates. With that experience accomplished in a discipline of a Brazilian public institution of higher education, it was tried to go beyond the use of the atmosphere for entertainment and to look Orkut as a tool of assistance to the process of teaching and learning. The research was based in the Paulo Freire´s communication concept and in the Célestin Freinet´s school cooperation concept. In this dissertation, in methodological terms, was adopted the category of the qualitative research. The adopted method was a combination of case´s study with research-action. The technique was the application of questionnaires, the collect of data was personal and the types of data were primary. Finally, introduces, then, prognostics about the future of the on-line social nets and finally suggest the formation of academicals on-line social networks

Dimensões didática, afetiva e formativa de docência que tecem as representações sociais entre licenciandos da UFPI

This study intends to analyze the social representation of teaching for students of first years of undergraduate courses in Education, Letters and Biology. The field of this research was the Federal University of Piaui - Campus of Picos in 2009. To reach the objective proposed above, was used the theory of social representations to the seizure of the elements which constitute such representations according to Moscovici and colleagues, considering the contribution of Abric with his Theory of Central Nucleus and Wagner with the Theory of Sociogenesis. Data were collected in two phases: first, through the Technique of Free Association of Words (TFAW) of which 100 subjects evoked representations of their teaching through the inductor terms 'to teach', 'student' and 'teacher'. For those data we used the EVOC software that promoted to detect the elements of the core and to conclude that the social representation of teaching is one of the work performed by a master / teacher who transmits, directed to an apprentice who learns, confined to the school involving the student with all his virtues to be smart, interested and dedicated, and teacher to be friend, wise bearer of knowledge and also intelligent. Then, using the Multiple Classification Procedure (MCP) only 10 subjects made ratings of 25 more evoked words in the first phase, for the analysis of data from the MPC with the use of the SPSS software we used Multidimensional Statistical Analysis (MSA) for the Free Classification we found three dimensions of Social Representation of Teaching: The Didactic, that focuses on teacher and student being superimposed, meaning the inseparability of these elements, the Affective, which presents the elements inherent in teachers with love as the strong point of this dimension, and the Formative, that is as ambiguous as ambivalent because it sees the teacher as a professional directed to help students get an education; for Directed Classification with Similarity Structure Analysis (SSA), we learn that teaching is a profession that materializes in the classroom, which is extremely true because the action happens in this teaching space, supposing a caring, loving, cheerful, capable, apt, patient, partner, responsible, dedicated, committed educator, who has wisdom and knows how to teach and help students through dialogue to there study and learning. All of it s necessary to occur the result of teaching, which is education in a disciplinary manner. The results point to a very traditional social representation of what is the role of teachers, the role of students and the role of the relationship itself between teaching and learning through the act of teaching. With this statement, we can confirm that the structure of Social Representation of Teaching for the investigated subjects reflects the sociogenetic conditions that engendered them, and that these conditions permeate their structural organization, in particular time-context in which social representation was captured

A dinâmica do pensamento geométrico :aprendendo a enxergar meias verdades e a construir novos significados

This work is a case study to investigate the dynamics of the historians thought as they produce a knowledge about the history of the area measurement systems as forms of historical expressions and representations. We refer to some of the ideas of David Bohm (1989, 1992, 1994, 1996) to support our theoretical understanding about the operation of thought. We chose a period that is recognized by the theorists as the origin of the geometrical thought -embracing the knowledge developed by the Egyptians, Babylonians, Chinese, Hindus, Greeks and Romans- and is referred to as containing a cycle in the development of this knowledge, described as beginning, apogee and decline. We assume this history, as told by the theorists, as a version that we organize and tell with the help of three sets of categories. The first refers to the elements that take part in the measurement practices; the second refers to the historians understanding about the development of the scientific knowledge. This exercise allowed us to extract the theorists main beliefs, that we criticized in the light of the knowledge about Cubação (Dal Pian, 1990). We stress the importance of the methodological approach adopted in this study to the teaching of Geometry and its history