As praças e a parceria público-privada em Natal/RN

Defined as public space or space open of common use, the square is a fundamental space for the urban life. Its function depends so much of the historical context, as of its location in the city, but general way, it is associated to leisure activities. In spite of its importance, many Brazilian squares are abandoned and degraded, some are used improperly, other they never left the paper and they are wastelands, most of the time, transformed in garbage deposits. The lack of appropriate equipments in the squares or to the precariousness of the same ones, such as banks, illumination and places for the different age groups; the lack of the "nature", in other words, of green; and the maintenance lack is some of the problems observed at the squares of Natal/RN. The maintenance is essential factor for the own existence of the square, so much in relation to the physical quality of the space, as in relation to the presence, or no, of users. In that work, we studied the squares of Natal/RN and the partnership public-private as form of shared administration of the public space. Our objective is to understand as it feels that partnership in the production and maintenance of squares in Natal/RN and which the benefits for the involved parts. For so much, we rescued the production of squares historically in the city of Natal/RN; We analyzed the legislation that regularizes the adoption of squares in some Brazilian municipal districts and the Bill of Adoption of Public Squares and of Sports and Green Areas in Natal/RN; and, last we analyzed three natalenses squares that had private investment in the construction, it reforms and/or maintenance. The "partnerships" involved exchange for land, environmental and social compensations, always assisting to the private interests, and nothing was registered or documented in the competent public organs. With that dissertation we wanted to contribute for the valorization of the squares and the relevance of the construction, renewal and maintenance of those public spaces in the city of Natal/RN, as life spaces, of encounters, of leisure

A envergadura constitucional da posse qualificada na desapropriação privada

The constitutionalisation of private relations is the central theme of this work. Approached him overcome the dichotomy between public and private, through functionalization to the constitutionalization of civil law. Research on the effectiveness of horizontal rights. Constitutional under the lens, we analyzed the tense relationship between possession and ownership desfuncionalizada functionalized. We realize that having qualified and gained autonomy, and mechanism of access to goods, in view of the status sheet minimum, and of accomplishment, materializing human dignity. Then, we investigated the expropriation of private ownership qualified as legislative intervention that ensures the enforcement of fundamental rights through the state-court. We face the legal, the constitutionality and the burden of this institute. Also operability that it gives the judge, the process of exercise, the object, issues related to the burden and assessment of damages, as well as the nature, timing and costs of transferring property. At the end, we point to the scarcity palace, as well as the need to repair lege ferenda. The methodological approach has been championed by legal dogmatics in its analytical aspect, as we explore concepts and correlate with our planning. In empirical connotation, we evaluated the normativity and applicability of our law courts. For the ultimate in normative vision, answers to the problems faced and perform the necessary propositions, based on the results from the conceptual and empirical analysis

Impacto do racionamento nos resultados das empresas concessionárias do serviço público de distribuição de energia elétrica: um estudo nas empresas privadas da Região Nordeste

This work verifies the impact caused by the Emergencial Program of Reduction of Consumption of Electric Energy (energy-rationing program) in the results of the concessionary private companies of the public service of electric energy distribution localized in the Northeast Area. As the rationing invigorated from June 2001 to February 2002, its effects are diluted in the results presented by these companies in the second semester of 2001 and first quarter of 2002, with prominence for the last quarter of 2001, when the revenue of extraordinary tariff restore was instituted by the National Agency of Electric Energy (ANEEL), consequence of the so-called General Agreement of the Electric Sector made between the federal government and the companies of the electric sector. The structure of a generic electric sector and a historical review of the Brazilian electric sector from the time it was controlled by the private enterprises, including the State control period, about 1960, and returning to the control of the private enterprises in 1990, under a new regulation structure are presented. An explanation of the models of economic regulation that Brazil used for the electric sector is made, with prominence for the price cap that is the actual effective model. The process of tariff revision foreseen in the concession contracts signed by the federal government and the concessionary companies is presented, highlighting its two stages: the tariff rebalancing that defines the new price cap and the calculation of the factor X that establishes the efficiency goals for the companies. There is made a presentation of the Emergencial Program of Reduction of Consumption of Electric Energy and of the consequent General Agreement of the Electric Sector, which created the revenue of extraordinary tariff restore. A conceptual revision on reviews is presented, regarding to concepts, accomplishment and recognition. A brief review of the six companies that made part of the worked sample is also presented. Analyzing the quarters historical review and of amount of sold energy, it was possible to conclude that the energy-rationing altered the results of the studied companies significantly and that alteration was masked by the accounting process of the revenue of extraordinary tariff restore

A residência secundária e uso do espaço público no litoral oriental potiguar

Considering that tourism tends to reproduce itself privatizing the areas where it installs, the secondary residence has been an urban element responsible for the private appropriation of the public spaces of coastal of Nísia Floresta. The private appropriation of these accesses, for secondary residences, constitute in an issue-problem of the research. The principal goal is to analyze the relationship of the consumers/users of secondary residences with the public space; and, specifically, identify how the government has been acting and manifesting itself about the occupation of the coastal of Nísia Floresta; as also to verify how the secondary residence has been appropriating privately of the public access of the coastal. On account of the scarce literature about secondary residences and the importance of the public access to beaches for the inhabitant, the present work aims to contribute to the discussion of this theme. The secondary residences in Rio Grande do Norte began in the late nineteenth century, becoming more common in the 90s, when the coast south of Natal is appropriated from local vacationers. In 2000, foreign investment began to be applied in real state and tourism, producing closed developments, served in leisure infrastructure, trade, and hospitality, mainly to external demands. The methodology included a bibliographic survey, data collection and in lócus observation. Applied questionnaires and interviews were performed with consumers/users of the secondary residences, permanent residents and government, respectively. To the legal grounding, taken as a reference the article. 10, of the law 7.661/88 to establish that the beaches are goods of common use . Considering the conclusive analysis of the research, can be said that the right of free access and use of the beach is committed for the benefit of the consumers/users of secondary residences, due to the negligence and omission of the government

Universalização do acesso à saúde e regulação dos planos privados de assistência à saúde: a atuação regulatória da ANS como instrumento de harmonia contratual e viabilização do papel suplementar da iniciativa privada na efetivação do direito social à saúde

While essential to human nature, health and life have been protected since ancient times by various areas of knowledge, particularly by the Law, given its dynamics within the regulation of social interactions. In Brazil, health has been granted major importance by the Federal Constitution of 1988, which, disrupting the dictatorial authoritarianism, inaugurating a Social State and focusing on the values of freedom and human dignity, raises health to the condition of a social right, marked predominantly by an obligational bias directed, primarily, to the State, through the enforcement of public policies. Although, given the limitation of the State action to the reserve for contingencies, it turns clear that an universalizing access to public health is impossible, seen that the high cost of medical provisions hinders the State to meet all the health needs of the rightholders. As a result of the inefficiency of the State, the effort of the Constituent Assembly of 1988 in creating a hybrid health system becomes nuclear, which, marked by the possibility of exploration of healthcare by the private initiative, assigns to the private enterprise a key role in supplementing the public health system, especially through the offer of health insurance plans. At this point, however, it becomes clear that health provisions rendered by the private agents are not unlimited, which involves discussions about services and procedures that should be excluded from the contractual coverage, for purposes of sectoral balance, situation which draws the indispensability of deliberations between Fundamental Rights on one hand, related to the protection of health and life, and contractual principles on the other hand, connected to the primacy of private autonomy. At this point, the importance of the regulation undertaken by the ANS, Brazilian National Health Agency, appears primordial, which, by means of its seized broad functions, considerable autonomy and technical discretion, has conditions to implement an effective control towards the harmonization of the regulatory triangle, the stability and development of the supplementary health system and, consequently, towards the universalization of the right to health, within constitutional contours. According to this, the present essay, resorting to a broad legislative, doctrinal and jurisprudential study, concludes that economic regulation over the private healthcare sector, when legitimately undertaken, provides progress and stability to the intervening segment and, besides, turns healthcare universalization feasible, in a way that it can not be replaced efficiently by any other State function.

Vida privada e mídias sociais: impressões da pós-modernidade

This thesis starts from the proposition that postmodernity is the very cultural manifestation of Late Capitalism. The research was concerned with the publication of privacy that gives us news feeds of Facebook online social network. We used netnography, which is considered a construction method in action that combines study skills to immersion of the researcher in the investigated field. Netnography is an alternative methodology for the study of communication threads in cyber environments. We note that there is an exhibition of themselves in a related environment that reproduces the properties of the spectacle society, with an emphasis on the fact that this exhibition be made and want to be made by the individual himself, allegorically, window dresser and with spectacle. The subject is revealed by itself, shown and is induced to show and display at the same time. It is a large-scale exhibition of the private life events; it is more than spectacle, surpassing debordian sense, approaching the exhibitionism in the Freudian sense. It is a subject in a new way of existence. At the time of posting in public, the person violates their privacy. It is the desecration of stardom intimacy. We found that these new behavioral forms sharing of human experiences, under the mediation of typical technologies informationalism era, appear as a major brand of sociability, meshing the ongoing technological revolution.