106 resultados para Direitos econômicos e sociais


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This study presents the issue of sexual violence against children and adolescents in the city of Natal RN from a critical approach over the work carried out at the Delegacia Especializada em Defesa da Criança e Adolescente DCA, with the perspective towards guaranteeing their rights. It is constituted of an analysis under a theoretical-methodological focus, both quantitative and qualitative, taking as a premise the sexual violence against children and adolescents in its social, legal, historical, cultural and economical dimensions that are behind this issue. The established course between knowledge and methodology involved: a conceptual analysis of the sexual violence, a research in the official records of the Public Power, the application of questionnaires with the coordinators of social projects and programmes, the accomplishment of interviews with key institutional actors and mothers of victimized children and adolescents, besides the analysis of quantitative indicators from the data made available by the DCA. The research took place within the Delegacia Especializada em Defesa da Criança e Adolescente, and also took for reference the information from institutions that develop actions directed towards children and adolescents victims of sexual abuse. Through this study, the strategies and the contradictions existing in the struggle against sexual violence towards children and adolescents implemented by the Public Power were learnt, the need for a greater articulation was identified to guarantee their rights and it also allowed for the tracing of a panorama of the sexual violence against children and adolescents in the period from 2001 to 2004 in the city of Natal-RN

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The Social Representation Theory provides subsidies to scientifically analyze what is called common sense, suggesting that thought be given credibility to the individual, from the assignment of logic to it. The Representations allow us to interpret, understand, explain and thus classify information, events and people. In this sense, this study aimed to analyze how social representations of the actors of the intinerant traders who operate in Ponta Negra/RN can be used as an element for tourism planning. To achieve the desired goals, we conducted a qualitative study, from a descriptive study, using methods of data collection the research literature, the technique of free association of words and the questionnaire, applied with 90 intinerant traders who work in Ponta Negra/RN beach. As tools of data analysis were used to analyze literature, and software EVOC and SPHINX. This research has revealed the predominance of people in itinerant male, between 18 and 28 years, with incomplete primary education, no contributors of Previdência Social and working seven days a week. The core elements of representations brings that explain that their knowledge is guided by collectively shared knowledge in the culture of tourism, which is seen as something that brings economics benefits (money) to the society, from the travel and entertainment. The plan represents the forward thinking, based on development plans that seek improvements and organization. The structure and operation of tourism planning in Natal/RN, there were no representation of intinerant traders. It is concluded that understanding the needs of itinerant traders provides grants to developing strategies for the development of tourism. This is achieved from its inclusion in tourism planning, since it enables tourism managers to understand how they are capturing, interpreting and acting on their next reality, since these representations are fundamental in forming opinions and the establishment of individual attitudes and collective. Thus, it is an important theory to be used to subsidize social research with individuals living reality and local needs, but which is the margin of decision-making processes of economic in the Brazil

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The work presented here is the result of research on the issue of human rights in the face of conflicting issues such as the incorporation of international treaties, the sovereignty of states, globalization and multuculturalism. Specifically, we will investigate the origin of human rights, alongside his growing recognition, from the Revolutions until its completion in the Universal Declaration of Human Rights in 1948. The question, however, has become broader, when analyzed from the perspective of the internationalization of these rights as conditions and limits of democracy. Given the convergence on the reception of international treaties on human rights, we analyze a series of positions, including recent placements of the Supreme Court, and Constitutional Amendment n.45/2004. The study aims to review the classical concept of sovereignty, now within a new perspective based on the appearance of certain limitations of the state and a crisis in the face of the protection of human rights. We analyze the phenomenon of globalization in light of its complexity and its relation to sovereignty and human rights in pursuit of an expansion of democracy. The theme is consistent also with the line of contemporary constitutionalism, since their approach has a close connection with the issues of sovereignty and globalization, as well as a current relationship with the protection of human rights. The research aims to analyze the formation of a new society within a global vision of the constitutionalization of international law. It seeks to glimpse the invocacion model of foreign precedents and the possibility of dialogue betweem States as a way of protecting and enforcing the protection of human rights

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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.

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This scientific investigation begins with the recognition of the authorization granted by the Constitutional Legislator to the State for, relativizing its neutrality towards the private sector, intervene in the behavior of economic agents, through different means, including fiscal incentives and tax increases in order to achieve the objectives and directives of the Federal Constitution, as well as achieve the rights and guarantees also described in the Federal Constitution. Demonstrates, however, that this intervention in the private sector has the power to generate both salutary reflections as perverse and divorced goals from what was established by the Federal Constitution and Multilateral Agreements and this is the basis that justifies the relevance of the study: because of the urgency to provide a thorough analysis of the phenomenon of state intervention in the Economic Order, given the importance of its impacts, both for citizens' lives, as well as for the maintenance of the State established as it is nowadays. From this premise, this research examines the issue of tax policies adopted in the country, focusing on tax incentives, comparing its use with the principles of the Economic Order and the General Agreement on Tariffs and Trade - GATT analyzing whether these have been respected or if Brazil adopted unjustified protectionist measures. From this context, this research approximated different branches of the law, developed through literature review in areas such as constitutional law, economic law, tax law, financial law and law and economics. This study verifies the motivations and objectives that underlie the adopted justifications for the use of tax incentives, as well as its results, seeking to empirically answer if its use is reasonable and consistent with the terms enshrined in the Federal Constitution of 1988 and GATT. The answer to this research question will be sought through doctrinal analysis, jurisprudence and hard cases. Thus, the study begins with the historical evolution of extrafiscality, analyzes the principles that should guide the behavior of economic agents. Subsequently analyzes the legal regime of tax incentives and the results achieved by hard cases in which the tax policies with extrafiscal nature were adopted in order to demonstrate the positive and negative consequences arising from the adoption of this type of benefit

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This study aims to bring reflection on the legitimacy crisis of the Brazilian representative democracy, which results in non-attendance of fundamental rights, regarding legal and social facts in light of the existing constitutional order and seeking solutions in more democratic procedures and in a more humane, critical, democratic and collaborative education. It has been an issue for some time the understanding that the authorities do not meet the basic needs of Brazilian citizens - the only way to make them autonomous and sufficiently able to conduct their lives in a competitive and globalized labor market. Such situation only worsened - as illustrated by the social movements in mid-2013 - when people took to the streets, showing a noticeable dissatisfaction with public services in general, and some other groups presenting specific complaints in those events. To find solutions or at least suggestions for the reflection of the problem found, a current approach to public authorities was necessary attempting to reveal how the constitutional order authorizes their operation and how - in fact - they act. In this endeavour, the legitimacy of power was discussed, involving the analysis of its origin, to whom it belongs and the legitimacy of deficit situations, concluding that it is only justified as it gets more democratic influence, with greater participation of people in its deliberations and decisions, with its plurality and complexity. Research carried out by official institutions was necessary to have evidence of the low level of social development of the country and the nonattendance of minimum basic rights, as well as exposure to various acts and omissions which show that all public authorities do not legitimately represent the people's interests. The competence of the Supreme Court to establish the broader scope of the remuneration policy in the public service received proper attention, presenting itself as an effective means to promote the reduction of the remuneration and structural inequality in public service and contributing to better care of fundamental rights. Also, considerations were made about the Decree 8243/2014, which established the National Policy for Social Participation (NPSP) and the National System of Social Participation (NSSP) and took other measures with the suggestion of its expansion into the legislative and judiciary powers as a way to legitimize the Brazilian democracy, considering its current stage. In conclusion, it is presented the idea expressed by the most influential and modern pedagogical trends for the creation of a participatory, solidary, non-hierarchical and critical culture since the childhood stage. This idea focuses on the resolution of questions addressed to the common good, which considers the complexity and the existing pluralism in society with a view to constant knowledge update. Knowledge update is in turn dynamic and requires such action, instilling - for the future generations - the idea that the creation of a more participatory and collaborative democracy is needed to reduce social inequality as a way to legitimize and promote social welfare, with the implementation of a policy devoted to meet the minimum fundamental rights to ensure dignity to the population.

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In the context of current capitalist society, marked by the logic that restricts the human person their status as workforce, in order to generate profits, old age is often treated as an underprivileged life stage. This reality becomes more intense considering the sharp aging process that affects brazilian society is accompanied by the country's entry into a globalized world and tensioned by the dictates of capital. Thus, despite the increasing development of policies to strengthen the guarantee of elderly rights, it is necessary to establish effective strategies of these measures to ensure a higher quality of life to these subjects. Therefore, it is necessary to develop studies that problematize the issue of the elderly, which represent a growing portion of the population, and hence have more visible demands, including in health. With the increase in the elderly population in Brazil it is possible to realize the country is going through a demographic transition and epidemiological changes that contribute to change the landscape of health care of the elderly, especially the hospitalization. Thus, this study aimed to analyze the multiple aspects of ensuring the rights of elderly patients admitted to the State Hospital Dr. Ruy Pereira dos Santos (HRPS), located in Natal / RN, whose most patients are elderly. Specifically sought to understand the aging process, its social consequences and the vulnerability to which it is exposed, especially during the disease situation; understand the process of construction of the Brazilian public health and their actions for older people; learn the expressions of citizenship formation in Brazil with regard to policies for older people; and investigate the design of health professionals about the guarantee of the right of hospitalized elderly. Starting from an integrated coordinated theoretical and practical possibilities, a qualitative research and literature character, documentary and field was held. For this, there were four semi-structured interviews with health research locus Hospital professionals - namely, two social workers, a doctor and a nurse - as well as life stories with the hospitalized elderly patients, one in each deck the said Hospital, totaling three. The results pointed to the difficulty of health policy become effective as law and stressed one historical scenario violation of the rights of elderly hospitalized patients, which persists due to the precarious situation and the difficulty of effective implementation of the Unified Health System (SUS ) and other public policies to that end.

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Such work aims to analyze aspects of the lives of adolescents, authors of Infraction, after completion of the Socio-Educational Measures in Half Open (Probation - LA and Services to the Community - PSC) in the city of Natal / RN in 2010. Thus, it become necessary to point out and consider the socio-historical determinations that permeate the lives of these young men, estimating the economic, social, political and historical aspects. We understand that these individuals experience numerous expressions of Social Issues, such as lack of opportunities, violence, unemployment, among others. In the reduction context of the State actions for the social, and investments negligible in public policies. Thus, the research aimed to identify such determinations in the lives of adolescents, young people today, and aimed to know these adolescents and analyze the family situation, socio-economic and political these, after completion of educational measures; and to evaluate the inclusion in school life and in the labor market. Therefore, we used as a methodological way the qualiquantitative research, using the procedure of 4 (four) semi-structured interviews, 9 (nine) analysis processes by configuring so documentary research, through the analysis of reports, processes and monitoring documents. The universe of analysis went adolescents who fulfilled socio-educational measures in liberty in the city of Natal / RN. The sample consisted of nine (9) young, that we follow during the mandatory curricular training, in the period of graduation in Social Work at the Federal University of Rio Grande do Norte, in 2010. The time frame of the research took place between 2010 - 2014. The results of this study indicate that the solution to problems of violence is not the reduction of criminal majority. It is necessary to take actions in ensuring rights and allow other living conditions to the children and adolescents, because, in fact, in the society there is a tendency to regression of rights. We learn that, despite all the difficulties, as: low education, access to the labor market, low income, among others, young people interviewed understand the Socio-Educational Measures such as a watershed in their lives, because, they do not practice more illicit acts, they seek a better life, they have dreams and plans for the future, and they continue writing their histories.

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Such work aims to analyze aspects of the lives of adolescents, authors of Infraction, after completion of the Socio-Educational Measures in Half Open (Probation - LA and Services to the Community - PSC) in the city of Natal / RN in 2010. Thus, it become necessary to point out and consider the socio-historical determinations that permeate the lives of these young men, estimating the economic, social, political and historical aspects. We understand that these individuals experience numerous expressions of Social Issues, such as lack of opportunities, violence, unemployment, among others. In the reduction context of the State actions for the social, and investments negligible in public policies. Thus, the research aimed to identify such determinations in the lives of adolescents, young people today, and aimed to know these adolescents and analyze the family situation, socio-economic and political these, after completion of educational measures; and to evaluate the inclusion in school life and in the labor market. Therefore, we used as a methodological way the qualiquantitative research, using the procedure of 4 (four) semi-structured interviews, 9 (nine) analysis processes by configuring so documentary research, through the analysis of reports, processes and monitoring documents. The universe of analysis went adolescents who fulfilled socio-educational measures in liberty in the city of Natal / RN. The sample consisted of nine (9) young, that we follow during the mandatory curricular training, in the period of graduation in Social Work at the Federal University of Rio Grande do Norte, in 2010. The time frame of the research took place between 2010 - 2014. The results of this study indicate that the solution to problems of violence is not the reduction of criminal majority. It is necessary to take actions in ensuring rights and allow other living conditions to the children and adolescents, because, in fact, in the society there is a tendency to regression of rights. We learn that, despite all the difficulties, as: low education, access to the labor market, low income, among others, young people interviewed understand the Socio-Educational Measures such as a watershed in their lives, because, they do not practice more illicit acts, they seek a better life, they have dreams and plans for the future, and they continue writing their histories.

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The farm’s rural dwellings of creation from the Seridó Potiguar microregion, built in the nineteenth century, became a reference by its vernacular character, i.e. these buildings, besides having recognized relevance to the identity of the region, they are adapted to the conditions of the place in many aspects (economic, cultural, construction, physical, et.) and consist in protective spaces in relation to hostile characteristics of Seridó’s climate. Considering the above premise, the following question arises: What characteristics of the nineteenth century Seridó Potiguar’s cattle farms are crucial for them to be a protective space in relation to the semiarid climate? In order to answer the question, this research aim to identify which particularities of the Seridó’s farmhouses that contribute to adaptability in these buildings to semiarid climate, as protection environments; and contribute to the stock valuation of the architectural heritage concerned. Therefore, procedures were adopted divided into two stages. Were first identified the recurring characteristics in the studied buildings, through typological study performed from existing inventories (DINIZ, 2008; FEIJÓ, 2002; IPHAN, 2012). To define the type it worked up with the concept that merges Durand’s analytical typology that identifies the similarities and differences to classify buildings, having the character of historical survey and architectural documentation, with the definition proposed by Argan (1963) that the type is not defined a priory, but the deduction from a number of illustrative cases which have formal and functional similarity with each other. Then worked up in a sample of five different types with each other, defined by the possibility of access to the interior of the houses, proximity to other copies, good state of conservation and preservation. The contemplated farms were: Pitombeiras, Agenus e Garrotes in Acari’s town, and the municipality of Caicó, Palma and Penedo. The second stage consists of the architectural survey, photographic record, digital three-dimensional modeling (aiming to expand the existing documentation and registration) and thermal monitoring over approximately a representative day in five farmhouses, relating the thermal performance of the houses with their individual characteristics. The selected variables for analysis monitoring are based on the thermal comfort adaptive model (SPAGNOLO and DE DEAR, 2003 apud NEGREIROS, 2010). The characteristics of the houses were analyzed as meeting the passive thermal conditioning strategies recommended by NBR 15220 (ABNT, 2005), for the bioclimatic zone 7 where the municipalities of Caicó and Acari are located. The house’s analysis of the operating temperatures revealed that 90% of the times of day the environments are within the comfort range. The farmhouses, which had a higher degree of compliance with recommended bioclimatic strategies, had the best thermal performance. In environments (usually the kitchen and rooms with low ceiling heights, exposed to west radiation) which still had discomfort hours, the thermal comfort can be reached with air movement approximately 1,0 m/s.

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The farm’s rural dwellings of creation from the Seridó Potiguar microregion, built in the nineteenth century, became a reference by its vernacular character, i.e. these buildings, besides having recognized relevance to the identity of the region, they are adapted to the conditions of the place in many aspects (economic, cultural, construction, physical, et.) and consist in protective spaces in relation to hostile characteristics of Seridó’s climate. Considering the above premise, the following question arises: What characteristics of the nineteenth century Seridó Potiguar’s cattle farms are crucial for them to be a protective space in relation to the semiarid climate? In order to answer the question, this research aim to identify which particularities of the Seridó’s farmhouses that contribute to adaptability in these buildings to semiarid climate, as protection environments; and contribute to the stock valuation of the architectural heritage concerned. Therefore, procedures were adopted divided into two stages. Were first identified the recurring characteristics in the studied buildings, through typological study performed from existing inventories (DINIZ, 2008; FEIJÓ, 2002; IPHAN, 2012). To define the type it worked up with the concept that merges Durand’s analytical typology that identifies the similarities and differences to classify buildings, having the character of historical survey and architectural documentation, with the definition proposed by Argan (1963) that the type is not defined a priory, but the deduction from a number of illustrative cases which have formal and functional similarity with each other. Then worked up in a sample of five different types with each other, defined by the possibility of access to the interior of the houses, proximity to other copies, good state of conservation and preservation. The contemplated farms were: Pitombeiras, Agenus e Garrotes in Acari’s town, and the municipality of Caicó, Palma and Penedo. The second stage consists of the architectural survey, photographic record, digital three-dimensional modeling (aiming to expand the existing documentation and registration) and thermal monitoring over approximately a representative day in five farmhouses, relating the thermal performance of the houses with their individual characteristics. The selected variables for analysis monitoring are based on the thermal comfort adaptive model (SPAGNOLO and DE DEAR, 2003 apud NEGREIROS, 2010). The characteristics of the houses were analyzed as meeting the passive thermal conditioning strategies recommended by NBR 15220 (ABNT, 2005), for the bioclimatic zone 7 where the municipalities of Caicó and Acari are located. The house’s analysis of the operating temperatures revealed that 90% of the times of day the environments are within the comfort range. The farmhouses, which had a higher degree of compliance with recommended bioclimatic strategies, had the best thermal performance. In environments (usually the kitchen and rooms with low ceiling heights, exposed to west radiation) which still had discomfort hours, the thermal comfort can be reached with air movement approximately 1,0 m/s.

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The right to the preservation of a healthy environment is perceived as a Fundamental Right, inserted in the National Constitution and referring to present and future generations. The preservation of the environment is directly connected to the right to Health and Human Dignity and, therefore, must be treated as a personal right, unavailable, claiming for a positive response from the Brazilian State, through the development of related public policies, control of potentially harmful economic activities, with special focus on the principles of precaution and solidarity. The Brazilian judiciary must thus be attentive to the guardianship of the Fundamental Right. The judiciary control over the execution of public policies is based on obeying the principle of the separation, independence and harmony between the Powers, however it should never deviate from the constitutional obligation of caring for the effectivation of the rights and guarantees within the Magna Carta. In the balance between the principle of human dignity, from which springs the right to a healthy environment and the principle of separation of powers, the former should prevail, maintaining the latter to a core minimum.

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The central research question was to search for data to ratify the theory and discourse of the so-called practitioners of economic solidarity, by defending the substantive rationality should guide the principles of economic solidary, designing the space economy incidental and not the primacy of relations in determining social as well, reflecting the predominance of dimensions of social management in administrative practices of ESS's. For both analyzed the theoretical dimensions of social management - sociopolitical, economic, organizational and environmental - manifested in organizational practices supportive of economic organization Potiguar West. For the success of the research realized the triangulation involving a combination of quantitative and qualitative methodological approaches. At first the research will use a quantitative approach, from the cluster analysis, to verify the behavior of the sample chosen for this study. In the second stage of the qualitative study was carried out focus group technique (FLICK, 2002) for further analysis of the dimensions of social management on organizational practices supportive of economic organization, related to the principles of Solidary Economy, established in a quantitative approach. In quantitative analysis, the socio-political dimension, it was clear that the more equity instruments of internal and external, from the purposeful living in public spaces, the best monetary results. Another point worth stressing concerns the economic dimension, with the practice reciprocity prevailing in market. Thus, the qualitative approach was possible to understand the processes of exchange of product or service. Rural enterprises surveyed in the allocation of the agro-ecological products have the following scale of priority, sequentially: self-consumption (domestic), market and exchange. The research leads to the fact that training and practices that enhance the socio-political dimension (knowledge, empowerment, sense of belonging) become the guiding principle for the strengthening of the social management in the context of other dimensions, leading to gains sociopolitical, economic, organizational and environmental. Despite the weaknesses found in the organizational dimension and environment, both in a quantitative as in qualitative, we determined that the practices of ESS's Potiguar West incorporate predominantly elements of social management and economic solidarity, with a preponderance of substantive rationality in the primacy of the instrumental. Finally, research has brought information that the participants of the ESS's do not give the money economy primacy in determining social relations, which in turn leads to the confirmation that, in practice the solidarity economy, prevailing the dominance of substantive rationality, as a guide for organizational practices

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The relationship between the State and the non-governmental organizations (NGOs) needs to be analyzed and debated by the objective to extinguish or to reduce the existent failures in this partnership in order that the whole society may benefit from it. To understand how the partnership between the public and NGOs work is fundamental. The present study searches to contribute to a better understanding of this matter. With this aim, the research focused the partnership formed between Natal Child and Adolescent Council (COMDICA) and NGOs which were selected by public notice in 2007. Theoretical references were based on the Continuum of Collaboration proposed by Austin (2001) that serves to differentiate the degree and the mode of interaction between the two organizations. It was observed that in some points there is a lack in the interaction between COMDICA and the NGOs. The frequent change of the government counselors makes difficult a more intense involvement and partnership awareness with the NGOs. The NGOs members need to be more involved with the activities of COMDICA and search for a larger participation in the assemblies, on the discussions and on the intrinsic council actions. The relationship must also be rethought, since that the partnership must not be limited to financial resources support. The channels of communication must be improved and become more frequent. The evaluation and monitoring of social projects are poor and own methodologies need to be elaborated. Therefore, it is necessary to make some adjustments in this relationship involving not only the partnerships made by the selected ONGs, but also all those who assist the child and the adolescent. A closer relation makes possible a greater effectiveness of the public policies on one side and on the other side improves the performance of the COMDICA and the NGOs

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This paper presents a case study from the Society for the Defense of Sexual and Migrate Rivers Amazônia - Sodireitos, whose central problem is to understand how it the works the social entrepreneur of the NGO Sodireitos in defense of sexual rights and migrate rivers in Amazônia. The central objective is to analyze the practices Social Entrepreneurship at the NGO Sodireitos on sexual rights and migrate rivers. The method adopted examined the entire creation process at the NGO the present day. Primary and secondary dates were used allowing the viewing of the dynamic intervention Social Sodireitos practiced by the fields of human rights and migrate rivers. Categories of analyses were given, and possible perceive in works of the strong Sodireitos flags that converge to social entrepreneurship as a guideline in the search for a model of human development, social and mainstay vel.