O princípio constitucional da legalidade administrativa e os limites do controle das atividades-fim das agências reguladoras pelo Tribunal de Contas da União

Analysis of the role of the Union Accounts Court on the control of regulatory agencies, with the objective of identifying the limits of the Institution s acting on the aim activities of the agencies, particularly the control limits of the Court on the merits of discretionary administrative actions, taking into account the autonomy of these entities in the model of regulatory state. Analyzes the principle of administrative legality, the control of public administration, state s action in the economy and facing regulatory agencies, their emergence, evolution and characteristics. Includes the study of jurisprudence and doctrinal differences, as for the limits of the powers conferred by the constitutional legislator to Federal Court of Audit, regarding the control of agencies aim activities, or, in other terms, their regulatory and inspector missions of market, under the principle of administrative legality. Performs analysis, based on case studies involving Court s audits on regulatory agencies. Are appreciated differences within the Institution about the their decisions effects - imposed or not - as regards the arrangements to be adopted by regulatory agencies to correct the flaws and omissions found during Court s inspections, in which content of the act of public agent, despite their technical nature, can happen the criterion of convenience and opportunity

DEVIDO PROCESSO LEGAL E PROCESSO ADMINISTRATIVO SANCIONADOR NAS AGÊNCIAS REGULADORAS

This paper discusses the growing attention that, over the last decades, has been given to the administrative procedure in Administrative Law, as it also highlights the procedures which are in tune with the new trappings of this legal field. It focuses on the sanctioning competence of regulatory agencies, notably what concerns the procedural guide that conditions its exercise. It aims at gathering varied elements, many times dispersed over the legal system, so it is possible to list, with a satisfactory degree of detail, the procedural constitutional guidelines which are indispensable to the sanctioning of private entities through punitive action by regulatory agencies. It highlights the due legal process clause, for the abundance of the protective set there is around it, as a guiding constitutional principle for the application of sanctions by regulatory agencies. It examines the repercussion of the constitutional principle of the due legal process on Administrative Law, focusing on the most relevant principles on which the first unfolds itself. It analyzes, in light of the due legal process principle, the sanctioning administrative procedure developed in regulatory agencies. In conclusion, it is asserted that there is no room, in the Brazilian legal system as a whole, for sanctions to be applied summarily; that there reigns, in our system, an absolute presumption, dictated by the Constitution, that only through regular procedures can the best and fairest decision, concerning cases in which the rights of private parties could be affected, be taken by the public administration; that, respecting the principle of the right to a fair hearing, it is indispensable that there be motivation of a decision that imposes a sanction; that there should be, in homage to the principle of full defense and for the need to preserve the autonomy of the regulatory party, an appeal court in every agency; that the principles listed in the federal law No. 9.784/1999 should be mandatorily monitored by the agencies, for this is the only alternative consistent with the Constitution

A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

Estratégia ambiental e agências de viagens e turismo :um estudo sobre a importância de práticas ambientais na escolha de um pacote turístico

The objective of the work was to investigate, from the vision of travel agents, the importance of environmental practices as a decision factor in the purchase of a tourist package. For in such a way, it was established as target population, the travel agencies and tourism linked to he Brazilian Association of Travel agencies ABAV, hearing the Brazilian travel agents that exerted the function in Natal, city in 2005. The election of the sample was accomplished using the simple random sampling technique. The amount of agents effectively searched was of 150 agents being distributed 150 questionnaires, with closed and opened questions, applied during the month of November in 2005. Results showed great variability of interviewed answers in that if it relates for sale of package tourist where the customer demonstrates enviromental concern with the environmental quality. Through multiple regression analyses, it was environmental concern with the environmental quality of the place and the perception of the practical importance of the existence environmental practices in the place as important factor in the decision of tourist package purchase

A imagem do Brasil na mídia impressa portuguesa: um estudo do caso diário de notícias e público

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Interpretando direitos e incorporando novas agências: o reconhecimento da Terra Indígena Las Casas, PA, e as perspectivas caiapó sobre esse processo

O artigo trata do processo de retomada e reconhecimento da Terra Indígena Las Casas, PA, de ocupação tradicional dos índios caiapó. O intuito é mostrar que os Caiapó interpretam esse evento, que é também jurídico e administrativo, a partir de suas próprias ló- gicas culturais, a ele incorporando novas agências e visões de mundo

Análise gráfica de elementos do design na interface de aplicativos de notícias baseados em mobilidade: um estudo do aplicativo Brasil 247

The different characteristics and needs of mobile device users, the situations in which these devices are operated and the limitations and characteristics of these devices are all factors which influence usability and ergonomics; two elements highly required for achieving successful interaction between users and devices. This research aims to identify characteristics of interface design for apps in mobile device applications, focussing on design, visual publishing and content editing, and the actual process of creation of these interfaces, with a view to guarantee quality interaction through touch technology, in observance of service limitations, the opportunities offered by the devices and the application requirements. The study will examine the interface of the mobile device application titled “Brasil 247” which provides news broadcasts using the concept of usability and ergonomics mainly in the field of adaptation, searching and browsing informative articles, as well as clarifying the processes and techniques necessary to carry out interaction tests which seek to evaluate the usability of interface.

Jornalismo público em questão: uma análise do TVU Notícias

Esta dissertação analisa um programa jornalístico da TV Universitária do RN e sua possível contribuição para a formação cidadã. O objetivo principal é analisar se o telejornal TVU Notícias contribui para a formação cidadã dos seus telespectadores, a partir das escolhas dos assuntos e da angulação das matérias exibidas no programa. Busca-se compreender os princípios, os conceitos e as práticas do jornalismo público, movimento formado por um grupo de jornalistas norte-americanos que pretendiam recuperar a ética e os princípios democráticos no processo de formulação de notícias. Pretende-se apresentar e analisar o jornalismo público como uma forma possível de desenvolver a cidadania e verificar se os conceitos que conduzem este tipo de jornalismo podem ser encontrados no jornalismo da televisão pública brasileira. Para consecução do objetivo deste trabalho, foi realizada pesquisa bibliográfica acerca do jornalismo público, da evolução do jornalismo, dos efeitos da mídia e do conceito de TV pública. Foi, também, realizada pesquisa empírica através da observação do processo de produção do programa, relacionando-se as matéria/pautas, revendo-se os arquivos dos textos das matérias, e para complementar o estudo assistiu-se os áudios das matérias gravados em mídia DVD. A análise envolveu 12 programas e 12 matérias veiculados no período de 2009 a 2014. Os resultados da pesquisa permitiram constatar que a amostra das notícias apresentadas no programa sugere que os assuntos agendados são, em sua maioria, de interesse público e valor social, mas carecem de mais contextualização, profundidade e pluralidade de fontes. A partir desses resultados e tendo como diretriz o papel e a função da TV pública, concluiu-se que para o TVU Notícias possa contribuir efetivamente para a formação de seus telespectadores precisa superar a superficialidade das matérias apresentadas, aproximando-se mais do jornalismo que se espera de uma TV pública.

Representações discursivas sobre lampião e seu bando em notícias de jornais mossoroenses (1927): “O mais audaz e miserável de todos os bandidos” e o seu “grupo de asseclas”

In this doctoral thesis analyzed the discursive representations of the bandit Lampião, the Lantern and his bandits gang in news mossoroenses newspapers published in the twenties of the last century (1927), when the gang invasion of the city of Mossoro in the state of Rio Grande do Norte, on June 13 of that year. To this end, we take as basis the theoretical assumptions of linguistics Textual, especially the narrower context of what is known today as Textual Analysis of the Discourses (ADT), theoretical and descriptive approach to linguistic studies of the text proposed by the French linguist Jean-Michel Adam. In this approach, we are interested in, specifically, the semantic level of the text, highlighting the notion of discursive representation, studied based on benchmarking operations, predication, modification, spatial location and temporal connection and analogy (ADAM, 2011; CASTILHO, 2010; KOCH, 2002, 2006; MARCUSCHI, 1998, 2008; NEVES, 2007; RODRIGUES, PASSEGGI & SILVA NETO, 2010). The corpus of this research consists of three reports in the twenties of the last century in newspapers The Mossoroense, Correio do Povo and the Northeast, and reconstituted through the collection held in the Municipal Museum Lauro Scotland files, Memorial Resistance Mossoro, both located in Natal, and in the news collection of Lampião newspapers in Natal, north of Rio Grande Raimundo Nonato historian. The discursive representations are built from the use of semantic analysis operations. Lampião to, the following representations are built: bandit, head of bandits, briber, defeated, Captain and Lord. To the outlaws of Lampião bunch of the following discursive representations were built: group, gang, gangsters, mates, bloodthirsty pack, brigands, bandits, criminals, burglar horde, and wild beasts. These representations reveal mainly the views of the newspapers of that time, which represented mainly the interests of traders, politicians, the government itself and generally Mossoró population.

Cooperação e competição entre políticas no Brasil: os cursos da governabilidade no presidencialismo da catalização

Public policies have been studied in the various fields of humanities and social sciences, from different theoretical and technical aspects. However, there is still a lack of studies that incorporate the dimension that encompasses the political action and its interference in such actions, also recognizing the importance of the institutional setting of the Brazilian presidential model in implementing these policies. This fragmented and multiparty system has led to power heterogeneous sets of political parties. Thus, the ministerial offices, more than assisting the President´s government project, manage particularized agendas, which are party biased and have the influence of interest groups in hegemonic themes addressed by government agencies. When these agendas operate in sectoral and specialized policies, the friction level is apparently low. However, when this occurs in intersectoral actions, such as in regional development, there is evidence of strong signs of competition among government agencies, which in theory, should operate in an integrated manner. Although this is not a specific feature of Luiz Inacio Lula da Silva´s government- the period to be studied- there was similar behavior in Fernando Henrique Cardoso´s presidency, one realizes that the expansion of coalition on behalf of governance is increasingly interfering in the outcome of intersectoral public policies, due to these multiple arguments in action. In order to understand these processes, this study focused on the Sustainable and Integrated Development Programme for Differentiated Meso-Regions (PROMESO), part of the National Policy for Regional Development (NPRD). The program provides interface with various government agencies and their public policies in a clear intersectoral design. The research sought to identify and analyze the relationships between government agencies and their programs with interest groups, whether political parties or other segments of civil society, highlighting the logic of favoritism, which poses in second place the integration of actions in the intersectoral policies. Therefore, besides the theoretical debate that incorporates several categories of political science, public administration, public policy, geography and economics, the study focused on secondary sources, using different government agencies databases in order to raise information. It was observed that the interference of partisan politics has been disastrous for some public policies. Thus, the research confirms that cooperative character is fragile within government agencies, often limited to official documents, and that there is indeed, a striking feature of competition, especially when it comes to transversalized policies

Mapeando fundamentos do Constructo Neuromarketing com profissionais de empresa de publicidade

This study aims to acknowledge the domain level and influence of the neuromarketing construct. This is done considering professionals at advertising agencies in Brazil. The presence of concepts related to this new approach is very little divulged, and there are little analysis performed on this area. Thus, the research is of qualitative and exploratory nature and used as primary fonts books, articles related to marketing, neuroscience, and psychology as well as secondary fonts. A profound interview was realized aiming the main advertising agencies in Brazil. The public was composed by managers responsible for planning. A content analysis was performed afterwards. The advances related to the brain science have permitted the development of technological innovation. These go primarily towards knowledge and unconscious experiences of consumers, which are responsible for the impulse of decision making and consumer behavior. These issues are related to Neuromarketing, that in turn, uses techniques such as FMRI, PET and FDOT. These scan the consumer s brain and produces imagines on the neuron s structures and functioning. This is seen while activities such as mental tasks for the visualization of brands, images or products, watching videos and commercials are performed. It is observed that the agencies are constantly in search of new technologies and are aware of the limitations of the current research instruments. On the other hand, they are not totally familiar with concepts related to neuromarketing. In relation to the neuroimage techniques it is pointed out by the research that there is full unawareness, but some agencies seem to visualize positive impacts with the use of these techniques for the evaluation of films and in ways that permit to know the consumer better. It is also seen that neuroimage is perceived as a technique amongst others, but its application is not real, there are some barriers in the market and in the agencies itself. These barriers as well as some questioning allied to the scarce knowledge of neuromarketing, make it not possible to be put into practice in the advertising market. It is also observed that even though there is greater use of neuromarketing; there would not be any meaningful changes in functioning and structuring of these agencies. The use of the neuro-image machines should be done in research institutes and centers of big companies. Results show that the level of domain of the neuromarketing construct in the Brazilian advertising agencies is only a theoretical one. Little is known of this subject and the neurological studies and absolutely nothing of neuroimage techniques

Influência dos intermediários de distribuição de produtos turísticos no processo de decisão do meio de hospedagem pelo consumidor

This study examines the complex hotel buyer decision process in front of the tourism distribution channels. Its objective is to describe the influence level of the tourism marketing intermediaries, mainly the travel agents and tour operators, over the hotel decision process by the buyer-tourist. The data collection process was done trough a survey with three hundred brazilian tourists hosted in nineteen hotels of Natal, capital of Rio Grande do Norte, Brazil. The data analysis was done using some multivariate statistic techniques as correlation analysis, multiple regression analysis, factor analysis and multiple discriminant analysis. The research characterizes the hotel services consumers profile and his trip, and identifying the distribution channels used by them. Furthermore, the research verifies the intermediaries influence exercised over hotel buyer decision process, looking for identify causality relations between the influence level and the buyer profile. Verifies that information about hotels available on internet reduces the probability that this influence can be practiced; however it was possible identifying those consumers considers this information complementary and non-substitutes than the information from intermediaries. The characteristics of the data do not allow indentifying the factors that constraint the intermediaries influence neither identifying discriminant functions of the specific distribution channel choice by consumers. The study concludes that consumers don t agree in have been influenced by intermediaries or don t know if they have, still considering important to consult them and internet doesn t substitute their function as information source

Apoio governamental à inovação Tecnológica: análise da indústria farmacêutica paraense

The transformations economical, cultural and social that happen in world ambit they are associated to the intense progress and expansion of new technologies, forcing governments, people, companies and nations to the introduction of new patterns of behavior, forcing, in that way, to the continuous renewal of products and technological processes to maintain the competitiveness, so much among nations, as in the managerial world. In that matter, the technological innovation is recognized as basic factor of maintainable economical competitiveness, being the responsible for the breaking and/or improvement of the techniques and production processes, what presupposes the systematization varied institutional arrangements that they involve firms, interaction nets among companies, government agencies, universities, research institutes, laboratories of companies and scientists and engineers activities. Those arrangements, to the if they articulate with the educational system, with the industrial and managerial section and, also, with the financial institutions, they take the form that Freeman (1987) it coined of national system of innovation, promoted through public politics of CT&I, which seek to induce and to support innovative initiatives in the companies, as well as to establish demands and to prioritize vocations and regional potentialities. In that context of government support to the technological innovation interferes this study, that it looked for to know the reasons of the fragility innovative in the pharmaceutical industry of State of Pará in Brazil, pointed for PINTEC (2005), starting from the point of view of the businessmen of that section. For such, the qualitative approach was used - with interviews directing semi and the technique of the content analysis. The results of the research pointed that the fragilities innovative of the section links to the ignorance of the government support to the technological innovation on the part of the businessmen of the pharmaceutical industry of State of Pará in Brazil

Comunicação pública e marketing político na gestão pública municipal

Based on the definitions of Public Communication, Political Marketing, Public Interest Information and Communication as a Tool of Governance, the study notes the use of the news section of the websites of the City Christmas and Mossoro, Rio Grande do Norte, in regard to strengthening citizenship and encouraging participatory management, from the characterization of materials like pieces of Political Marketing and Public Communication. Data collection in qualitative research was conducted from August to September 2011 and content analysis showed that the appropriation of public property for personal use is a reality, despite legal requirements to the detriment of strategic communication and governance for results from the dissemination of information of public interest and the establishment of a communication channel between State Government and Society. Elements of this study suggest the need for further research to deepen the discussion

...Em busca da realidade... : a experiência da etnicidade dos Eleotérios (Catu/RN)

The south region of the Rio Grande do Norte has been historically recognized as a place of old indian villages. Inhabitants of the edges of the Catu River, border between the cities of Canguaretama and Goianinha, the Eleotérios in the threshold of 21st century had passed to be seen and self recognized as "remaining indians" of the RN. Their ethnic mobilizations, when becoming public had placed to the intellectual and political fields an old question to be reflected on: the asseverations concerning the "indian disappearing" in the State. This item brings with it other implications. Accessed by a para-oficial indigenism, the Eleotérios had started to establish political relations with the Potiguara indians of the Baía da Traição/PB and the Indian Movement, feeling stimulated to produce and to reproduce forms of social differentiation. In this context, this research is worried about elucidating the process of construction of the ethnicity among the Eleotérios, percepted from the social relations and politics kept with the amplest society, into a particular historical situation involving sugar cane fields owners, proprietaries, militants, researchers, ambiental agencies. The effects of these political and social relations had been extended, making Eleotérios appear to the society as susceptible social actors to the specific policies for the aboriginal populations