3 resultados para Aborto - Aspectos jurídicos

em Universidade Federal do Rio Grande do Norte(UFRN)


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State intervention generally demands the purchase or rental of goods and services, and such acquisitions are subject to a number of indispensable legal frameworks. In the Brazilian State, Law 8.666 of 21 June 1993 and further norms regulate the necessity of a formal process, usually licitation. Given the importance of this subject to public and private spheres, one of the prerequisites of these formal contracting rules is the openness of public acts, and society s knowledge and accompaniment. The objective of this study is to investigate society s participation in public contracting, with the aim of debating theories surrounding the state/society relationship proposed by public political thought and authors in relation to legal aspects involving licitations. The principal question of this research is: despite the possibility of society s participation being predicted in the legal frameworks which orientate licitations, why is this social control not carried out? Why does it only occupy a secondary position to both individual and collective agents? In order to test some of this study s hypotheses, field research was carried out in the Coqueiral community in Aracaju, Sergipe, in relation to public acquisitions of goods and services during the period of May to September 2009. Research involved observation visits and guided interviews with the relevant community and public sector representatives. This project s hypotheses were confirmed, as this social control is not apparent, even in areas where popular participation is a strong component in asserting ones local rights, like in the Coqueiral community.

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This master thesis aims to research the tension established between the judicial review and democratic theory which was always present in the constitutional doctrine of separation of powers. In this regard, the expansion of the Brazilian constitutional jurisdiction checked after the occurrence of the Federal Constitution of 1988 and the inertia of the Legislature in disciplinary relevant legal aspects of Brazilian society contributed to a hyperactivity of the Supreme Court. However, in a complex society of context, as is the Brazilian society, there are contained demands and political controversies that hardly would be well represented or resolved through the action of the Court of ministers at the expense of other government bodies. Among the supremacy of Parliament and the legitimacy deficit of these magistrates, is the constitutional text and the social fabric that makes this legal status of the political. Participatory democracy established by the guidelines of the Federal Constitution requires this perspective when the Supreme Court acting in place of concentrated constitutionality control. In a plural society, there is no reason to get rid of state decision moments popular participation. Lack the Supreme Court, this time, the democratizing perception that the institute brings to the interior of the Court, as state determination of space in which to come together and meet the aspirations of society and state claims. The dissertation investigates thus the possibility of amicus curiae Institute serve as a mediator of the democratic debate, to assist the Supreme Court in the preparation of the decision is, historically, that which is of greater legitimacy, from the perspective of a theory participatory democracy. Analyzes, likewise, the unfolding of abstract judicial review in the context of Brazilian law. Proposes, incidentally, a rereading of the separation of powers, with the call for the Judiciary be careful not to become the protagonist of national political decisions. It maintains, finally, that procedural opening the interpreters of the constitution, through the amicus curiae Institute, shows up as able to decrease the legitimacy deficit in the performance of the Brazilian Supreme Court.

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Abortion is a very controversial and stigmatized subject, target of many criticism and discussions, mainly regarding to the legal, bioethical and religious aspects involved. In Brazil, abortion is considered a serious public health problem, being the major cause of maternal death due to its criminalization. The woman who causes an abortion is not up looked by society, since motherhood, culturally and historically, was imposed as a destination. Our main goal is to understand, from the existential-phenomenological perspective, the unique experience of the woman who induced the abortion This study is an offshoot of a larger study from USP in partnership with UFRN. Our participants were women who checked in on a maternity hospital in Natal with a miscarriage diagnosis and, among them, those who reported having induced abortion. Altogether, five women were interviewed. The used method was a phenomenological hermeneutics. The research revealed that the experience of abortion is a possibility that permeates women s life, being understood as a choice. This choice pervaded by much suffering, once it goes against everything that women are culturally taught and meant to be. The feeling more surfacing in this experiment, confirming the literature review, was blame. Abortion was also shown as an experience of helplessness and loneliness, due to lack of support from family and the partner. It was also revealed that abortion was made, mainly, by the desire of going along with future projects, including the prosecute of motherhood in the therms of what they consider ideal to a son s arrival, meaning, a family formation grounded on a stable relationship. Regarding the care provided by health professionals to these women, there is the need of restructuring the operating logic of SUS, so that women have the right to health in a integrate manner. This experience also made women reconsider the meanings they had towards abortion, and their life projects