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

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

O papel sócio empreendedor da ONG Sodireitos em defesa dos direitos sexuais e migratórios na Amazônia

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.

O papel sócio empreendedor da ONG sodireitos em defesa dos direitos sexuais e migratórios na amazônia

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 dinamic 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

Gestão híbrida em cooperativa de crédito: uma análise a partir do interesse, participação, satisfação e expectativa dos cooperados da COOPERUFPA

The globalization of markets has confirmed for the processes of change in organizations both in structure and in management. This dynamic was also observed in credit unions because they are financial institutions and are under the rules of the Brazil´s Financial System. Given the context of organizational changes in the financial capital has played the traditional management reform is urgent. In organizations credit unions, given its dual purpose, because in the same organizational environment and capitalism coexist cooperative whose logics are antagonistic, but can live through the balance between instrumental rationality and substantive rationality in credit unions. Based on this concept a new form of management should be thought to be able to accommodate the demand of cooperative, community, government and the market. Hybridization has been observed in management practices` COOPERUFPA into dimensions financial, social and solidarity participation with a trend in paradigmatic form of hybrid management, in that it directly or indirectly affect the management decisions in the credit union. The hybrid management is a trend that has been setting the basis for societal transformation, so that credit unions promote actions of welfare oriented cooperative members and the community around the same time that attend the dynamics of market globalization. These actions, in the context of hybrid management should be implemented by COOPERUFPA from the sociability of the remains and the wide diffusion of solidarity culture between cooperative partnership as a way to recover their participation in trade relations, financial and the social collective developement. For the members of COOPERUFPA financial interest is evidenced in greater relevance for the social interest given its dominant relationship as "mere customer" of the credit union, however, the proactive participation of the life of the cooperative credit union is one of its expectative among of participation of to share power in decisions by general meetings. This passivity`s cooperator of the COOPERUFPA in defending the ideals overshadowed the spread of cooperative principles and values of cooperation among them. Thus his conception for COOPERUFPA in the financial dimension, social and solidarity democracy, performed transversely. The COOPERUFPA for not developing an education policy for the cooperation among its members, contributed to a process of collective alienation of cooperative ideals, since the cooperative do not understand the reality that surrounds them as members of an organization whose mission is to social and financial sustainability of its members

Influência do ácido α-lipóico na adaptação antioxidante ao exercício físico em ratas wistar hígidas e ovariectomizadas

Introdução: Os hormônios estrogênicos possuem importante papel na defesa contra as espécies reativas do oxigênio, fato que se evidencia na maior incidência de doenças cardiovasculares e neurodegenerativas após a menopausa. O exercício físico melhora as defesas antioxidantes, contudo em altas cargas e em baixas concentrações de estrógeno possui efeito aditivo ao dano oxidativo. O ácido α-lipóico possui uma ampla gama de ação antioxidante e poderia contribuir para diminuição do dano nestas condições. Objetivo: O objetivo deste estudo é caracterizar a ação do ácido α-lipóico sobre a adaptação antioxidante e funções reprodutivas de ratas submetidas a natação moderada. Material e métodos: Os animais foram submetidos a natação diária (1 hora) e sacrificados após 30, 60 e 90 dias. Os animais foram divididos em controles sedentários e exercitados; suplementados (ácido α-lipóico 100mg/Kg/dia) sedentários e exercitados e animais ovariectomizados e suplementados com ácido lipóico. Avaliou-se diariamente o ciclo estral e os seguintes marcadores de estresse oxidativos foram mensurados em fígado e sangue: atividade enzimática da SOD, GPx e CAT, além do SRAT e GSH. Resultados: O protocolo de exercício aumentou a duração do ciclo estral no grupo controle exercitado, sobretudo na fase diestral. Neste mesmo grupo, houve diminuição da lipoperoxidação com melhora da atividade antioxidante da SOD e GPx. O grupo exercitado e suplementado não apresentou alteração na duração do ciclo estral e manteve os benefícios sobre o sistema antioxidante antes observado nos animais exercitados. A suplementação antioxidante juntamente com a natação em períodos superiores a 30 dias, diminuiu o processo de adaptação antioxidante quando comparado aos animais somente exercitados. Nos animais ovariectomizados, o exercício e a suplementação com ácido lipóico não promoveu adaptação antioxidante ao contrário dos demais grupos. Conclusão: O aumento na duração do ciclo estral e a melhora nos marcadores de estresse oxidativo seriam uma resposta adaptativa frente ao exercício moderado. O ácido lipóico impediu a alteração no ciclo induzida pelo exercício, mas preservou a melhoria no sistema antioxidante. A depleção estrogênica provocada pela ovariectomia eleva o potencial de dano oxidativo gerado pelo exercício. A ação antioxidante do LA na presença de estrógeno diminuiu excessivamente o dano oxidativo, comprometendo a adaptação antioxidante a natação. Nos animais ovariectomizados, contudo, o AL promoveu adaptação antioxidante ao exercício

Efetivação da garantia de defesa no estado constitucional de direito: colisão entre o poder punitivo e garantia de defesa

The domination of the violence for the Rule of law awakened a tension between the practice of the punitive power and the right to counsel. However, throughout the recent history of the Criminal law, this shock of forces has been determined for the punitive power. In this perspective, the present work intends to submit the guarantee of defense to a critical judgment, in search to conciliate its content to the Constitutional State of Right. For in such a way, it will be necessary to recognize the disequilibrium of the situation, but without considering the superiority of any of these elements. The State in such a way must fulfill the function to punish the culprits as to acquit the innocents. Despite the law is far from obtaining a harmonious speech, it is necessary that the defense guarantee coexists the punitive power as part of an only public interest, which is, to make criminal justice. In such a way, the existence of a sustainable balance between the punitive power and the guarantee of defense depend on the minimum interference of Criminal law and, also, of the judicial position in the concrete case. The present work faces, therefore, the moment of crisis of the Criminal law, consolidated with the advent of a new way of thinking according to the procedural guarantees, that will demand the overcoming of the old concepts. The Constitutional State of Right not only constitutes an efectiveness of the regime of the right to counsel, but in a similar way it searchs to accomplish the right of action and criminal justice as a whole. Knowing that the philosophy of the language raises doubts on the certainty, the truth and the judgement, it is imposed to understand that the defense guarantee is no more about a simple idea, but, in the crooked ways of the communication, we intend to find what the judge s function is when he faces this new reality

Paradigma constitucional brasileiro da livre concorrência e da defesa do consumidor face às estruturas de poder no mercado

The Federal Constitution of 1988, when taking care of the economical order, denotes special concern in the abuses of the economical power and the disloyal competition. The mark to mediate of all this is, in fact, the defense and the consumer's protection, once this is final addressee of whatever if it puts at the consumption market. The coming of the Law 8.078/90, Code of Protection and Defense of the Consumer, inaugurates a time of effective concern with the homogeneous individual interests originating from of the consumption relationships. In this point, the focus of main to face of the present work lives, in other words, the protection of the right to the individual property, especially manifests in the exercise of the trade freedom that keeps direct relationship with the respective social function the one that is destined. The code of the consumer's defense doesn't just take care of this, but also of the other star of the relationships of the consumption. When affirming in the interruption VI of the art. 4th that the national politics of those relationships, finds ballast in the prohibition and repression efficient of all of the abuses committed in the consumption relationships, keeping inherent relationship-causality in the economical order, sculpted for the article 170 in the Constitution of 1988. In the generic plan, the mark of the present work is to question concerning the limits of the trade freedom and previsible collisions with protection norms and the consumer's defense, as well as factual convergences of those small systems, especially in what he/she refers to the innate interests to the suppliers. In the specific plan, we aspirated to identify the protection device-commands to the actors of the trade relationship, capable to guarantee the free competition in a global economy of market, seeking especially the Well-being, for soon afterwards, in an analytical perspective, to discover the possible applications that it holds the Federal Constitution, in headquarters of economical freedoms. It was observed that the consumer today doesn't need only of laws that their needs, fruit of the vulnerability that it is him/her meditate innate. He/she lacks, yes, of effective mechanisms that prevent lesions that can be them impinged by the suppliers at the time in that you/they are useful to repair the damages when happened, punishing the author of the damage

A escola de ensino médio público noturno: uma conjuntura favorável ao protagonismo estudantil coletivo em contraposição ao protagonismo juvenil via empoderamento

Ce travail etude le protagonisme juvénile en école de enseignement sécondaire publique, avec emphase a l enseignement nocturne. Considere las médiations que determinent le paradigme du protagonisme juvénile defendu pour théoriciens pos modernes et documents de reforme de enseignement sécondaire brésilien. Montre que les explications sur le protagonisme juvénile font part d une conception de pouvoir juvenile, proposé pour organismes multilatérales avec la volonté de mobiliser les jeunes pauvres pour faire actions du combat a pauvreté dans les nations sur le point de développement, conjoncture auquel sont proposées théories et pratiques que viabilizent la subsistance des jeunes pauvres en situation de risque. Discute la question de pouvoir juvenile et indique que la proposition de le protagonisme juvénile via pouvoir ont une espace favorable dans le sphère du enseignement sécondaire, niveau de la plupart de jeunes. Montre que la défense de pouvoir juvenile occulte chances de actions étudiants collectifs que permetent une intervention sociopolitique au élève de enseignement sécondaire, qui ont selement une function de homologation. Propose une recherche de possibilités de incentifs a le protagonisme juvénile collectif ou protagonisme étudiant collectif, auquel le étudiant presente suggestions pour le planification et éxecution de activités didactique pédagogiques dans l`école publique de enseignement sécondaire. Defend que la gestion démocratique, avec emphase en procès participatif, c est la principal déterminacion pour le protagonisme étudiant collectif. Méthodiquement , considere las dimensions suivantes pour le protagonisme juvénile: a) configuration de protagonisme juvénile b) protagonisme juvénile dans perspective légal/institutionel ; c) enseignement sécondaire et protagonisme juvénile ; d) possibilité de construction de protagonisme étudiant collectif dans enseignement sécondaire nocturne en Rio Grande do Norte, état choisi pour recherche. Sistematize une technique de revision de litérature sur le thème et informations d une consultation de documents, au-delà de donné constants de Banc de donées de la recherche Le Enseignement Sécondaire Publique Nocturne :registre et analyse de expérience dans l état de Rio Grande do Norte. Conclusion : il faut contribuer pour débats sur la participation politique de les jeunes dans le enseignement sécondaire nocturne, en presentant possibilités reéles de protagonisme étudiant collectif ; opinions presentées pour élèves sont très importantes a une direction d un rôle académique fait pour institutions scolaires dans ce moment , parce que des étudiants sont correspondants a interlocuteurs privilégiés ; le élève peut et deut être consulté depuis le moment de élaboration jusqu a réalisation de activités scolaires ; bien que il y a des entraves et difficultés immanents au enseignement sécondaire publique nocturne, se forment noveaux espaces de démocratisation de idées

Serviço social na educação: saberes e competências necessárias no fazer profissional

The Theory analyzes what should know and what competes, formally, to the Professional of Social Service to act in the School Education. He/she investigates, starting from studies on the theme, and close to Council Federal and Regional of Social Service, and of the Brazilian Association of Studies and Researches in Social Service, that you know and competences are necessary for the social worker performance in that specific area. Through a research of nature empiric, bibliographical and documental, the analysis focus outlines the glance and the understanding of the professionals' category that represent the defense organs, fiscalization and formation of the profession. The importance of the scientific study is justified for the social worker necessary contribution acting in the School Education, whose political and pedagogic context presents multiple demands, you know and relationships, and when it is lived a social and education picture at the present time with order words in formation, as inclusion, empowerment, competence, that they demand other specialists in the school scenery to work with the varied expressions of the social subject. Since the years 1930 the social worker acts in the area of the Education, with an originating from knowledge the human and social areas that you/he/she makes possible him/it to contribute, undisciplinement, close to the pedagogic team of the School Education. The clarity of the you know and of the necessary competences to intervene in that field of specific work makes possible the legitimation of the identity, of the social worker professionalization and the formalization of his/her practice. The Theory ends that the profissionality and the social worker professionalism is built and it is recognized in the area of the Education starting from the knowledge of the you know and pertinent competences to intervene in that context, beginning that knowledge on the part of the category of the Social Service and of the formation organs and representation of the profession so that the school community - administration and pedagogic coordination, teachers and students - he understands and recognize the social worker necessary intervention in that field. The formalization of those you know and competences are built starting from actions and thought mobilizations and operation in the group of the category, and not for isolated actions and individualized. It is revealed, in the opinion of the ones that represent Regional Council of Social Service, a wide vision of the social worker in that space exercising, among other, functions that don't compete to the professional's profile or restricted to actions and techniques historically exercised in their work fields. A new profile of the professional of the Social Service that it acts in the School Education is possible when his/her action is visualized centered not just in the work with the family, but, doing of the school a proposition space and execution of programs, projects, studies and social researches. He intends, an action politics and of popularization on them know and the social worker competences in the School Education

Estrutura ANFIS modificada para identificação e controle de plantas com ampla faixa de operação e não linearidade acentuada

In this work a modification on ANFIS (Adaptive Network Based Fuzzy Inference System) structure is proposed to find a systematic method for nonlinear plants, with large operational range, identification and control, using linear local systems: models and controllers. This method is based on multiple model approach. This way, linear local models are obtained and then those models are combined by the proposed neurofuzzy structure. A metric that allows a satisfactory combination of those models is obtained after the structure training. It results on plant s global identification. A controller is projected for each local model. The global control is obtained by mixing local controllers signals. This is done by the modified ANFIS. The modification on ANFIS architecture allows the two neurofuzzy structures knowledge sharing. So the same metric obtained to combine models can be used to combine controllers. Two cases study are used to validate the new ANFIS structure. The knowledge sharing is evaluated in the second case study. It shows that just one modified ANFIS structure is necessary to combine linear models to identify, a nonlinear plant, and combine linear controllers to control this plant. The proposed method allows the usage of any identification and control techniques for local models and local controllers obtaining. It also reduces the complexity of ANFIS usage for identification and control. This work has prioritized simpler techniques for the identification and control systems to simplify the use of the method

História, memória e espaços: experiências dos ex-combatentes de Parelhas-RN na defesa do litoral brasileiro durante a Segunda Guerra Mundial

The present essay has how I aim to analyse the memories of the ex-combatants of Parelhas-RN, specially of the components of the Força de Vigilância e Segurança do Litoral - FVSL, protagonists of the Brazilian participation in the scenery of the Second World war. Along this we looked to understand in which surrounding geographicalpartner these men were living before the War and what were the consequences of a brusque change of space owing to the convocation for the Armed Brazilian Strength in that historical context. The defense of the Brazilian coast during the War was not a so simple task, I have in mind the precariedade logistics of the Armed Strength, the attacks of submarines of the Axle that killed hundreds of civilians and Brazilian soldiers and the net of espionage mounted by Germany in Brazil. Leaving from the notion of collective memory and estrangement in Maurice Halbwachs, we will use the oral history like principal methodology, with the end of rescue these underground memories what also will make possible us the vision realizes that the protagonists themselves have of the event, besides the use of documents, photos, maps and any sort of fountains that make possible us to rebuild the scenery of Parelhas in the beginning of the War and the trajectory of life of his veterans

Em defesa da reforma psiquiátrica :por um amanhã que há de renascer sem pedir licença

Insanity was victim of several arbitrary acts perpetrated on behalf of the science. Psychiatric reform constitues an important movement which has attempted to rescue dignity and humanity in the treatment of mental disorder patients. Some countries have advanced in the implement of substutive models that work on the construction of a new social place for madness. The model of attention to mental health in Brazil has also suffered extensive modifications due to the wearing out of the psychiatric hospital model. In Santos, a town in the State of Sao Paulo, we have found a landmark in the development of an anti internment politics, through the creation of a dail care service, including psychosocial assistance. It is in this context that it has been founded in Natal, Rio Grande do Norte, the NAPS and CAPS ( Nucleus and Centres of Psychosocial Attention), municipal strategies that put into effect the law # 10.216/2001, which estabilishes the gradual extinction of psychiatric hospitals. This work has the purpose of carrying out a study about the historical process of psychiatric reform implantation in the State of Rio Grande do Norte, emphasizing the actors involved in process, their trajectory, achievements, improvements, and the movement s perspectives of achieving the ideal of reinstating mental disorder patients. In order to accomplish this purpose, it was necessary to understand the process occurred at the Municipal Secretary s Office for Health, since 1992, for it was the impelling experience towards the reflections about the psychiatric reform in the State of Rio Grande do Norte. The instruments used for this work were documentary analysis, through reports, legislation and handbooks, as well as the staments of people involved in this process. Through the statements analysis, we attempted to estabilish the social actors identity, their perception, emphasizing congruences and incongruences concerning the history of psychiatric reform in the State of Rio Grande do Norte. It is also analyzed the contribution of Psychology in this process, which has become a protagonist in the struggle for the rights of mental disorder patients

O elo entre o serviço social e o judiciário: demandas, desafios e contribuições na defesa de Direitos

Unveiling the link between the Social Services and the Judiciary is the object of this work, since the judiciary is constituted as one of the socio-occupational areas of the profession in the sphere of the state, seize the demands placed on professionals which work becomes relevant , considering that these are embody the multiple expressions of social issues, constituting a challenge to social work, while influencing the contributions that the profession has engendered in the defense and expansion rights. It constitutes an analysis from the standpoint of theoretical and methodological basis Qualiquantitative taking for granted the rights violations against children and adolescents in their social, legal and historical guide to the topic. For this we used a theoretical Marxist Behring (2009), Colman (2008), Faleiros (2205), Faria (1999, 2001), Fávaro (2007, 2008), Iamamoto (1985, 1992, 2002, 2006, 2007) Yazbek, Marx (1983), Netto (1994), Nicholas (1984), Pequeno (2009), Rizinni (1997, 2008), Santos (2009), Sales (2006), Telles (1999), Tonet (2009), among others. Besides literature, empirical research conducted through semi-structured interviews using a script and written records and systematic observation / free during interviews. The subjects were 06 social workers from the area of the judiciary to act on Justice for Children and Youth, Family Court and NOADE in Natal / RN. The research aims to analyze the demands and challenges of Social Services and their contribution in ensuring and enforcing rights in courts nowadays. The route established between knowledge and method involves conceptual analysis on the Judiciary, Social Services, and Child and Adolescent Rights. Seize-up in this study the existing contradictions in confronting the multiple expressions of social issues in the context of the judiciary. The research allowed us to identify relevant aspects regarding the challenges and demands placed Social Service; limits on defense and expansion of their rights and contradictions within sociojurídico. For being one of the judiciary institutions that comprise the system warranty rights, social workers also face difficulties in implementing the professional doing since the ills posed by current sociability capital focus in everyday spaces socio-occupational presented here. On the other hand, is commendable acting those protagonists who believe, defend and contribute to the defense and expansion rights