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

A aproximação entre educação escolar e trabalho: a experiência da Casa do Menor Trabalhador

It aims to consider the possible relationship between formal school education and work, from the experience of the State School House of the Minor Worker CMT of Natal-RN in this first decade of the 21st century. In this institution, children and adolescents are enrolled in the Fundamental Teaching sponsored by the State Public System studying the regular curriculum contents defined for this level of teaching, and in the opposite shift they take part in career workshops which are kept by members of a religious congregation. CMT has had as its object, since its foundation, to take children and adolescents from the streets and to provide them with a full time education associating basic education and training/qualification for the job market. In our research, we tried to learn a little bit of the expectations, concerns and knowledge of the young participants of two workshops: carpentry and bakery, so that we could gain sufficient understanding of the learning process of these youths, while still keeping an approximation with the reality of the aforementioned subjects. It was possible for us to conduct a description of the contexts and of characteristics of the subjects which make up CMT, capturing concrete aspects and aspects of the thoughts of students, teachers, instructors and coordinators. The main point of our research was: how does the approximation between formal school education and work take place in the House of the Minor Worker? To search for possible answers we have made use of basic techniques for the data construction - questionnaire, observation, conversation groups, assessment drills which allowed an approximation and a good dialogue with the participants. We also discussed the job world in the context of the capitalist exploration, from the contributions of Mèszáros (2005), Frigotto (1989); (1993); (1999); (2002); Ferretti (1994); (2004); Kuenzer (1989); (1997), in order to understand the skills demanded of the worker and the necessity of an education which allows the professional qualification of youths eager to enter the job market, through the first job. In this perspective, the study that we have systematized here aims to show the relevance of an education which manages to take a firm and conscientious stand in connection with the hegemonic capitalist project and to provide for a humane, ethical, responsible, critical and civic background

A escola normal de natal (Rio Grande do Norte, 1908-1971)

The research aims to analyze Professor Education in Natal, Rio Grande do Norte-Brazil in the period of 1908 to 1971. The work falls under the theme History of Scholar Institutions as well as Professor Education. The research investigates the evolution of the so called Normal School, a school that aimed professor education. It was based on assumptions by works of Chartier (1990), Chervel (1990), Elias (1994), Nóvoa (1987), Schriewer (2000), amongst others. The research dealt with a great array of documents in different institutions such as Minutes, Public Instruction Management Reports, Laws, newspaper articles (from the newspaper A Capital, A Ordem e A República), magazines such as Pedagogium (1921-1940); all of which present in the Geographical and Historical Institute of Rio Grande do Norte in Brazil. In the State´s public archive it was possible to find a book called Livro de Honra (1914-1919) as well as class diaries and books that contained details related to Scholar group Inscriptions. In the Atheneu Memorial the Atheneu Congregation of Normal School (1897) document was analyzed. In the Kennedy Superior Institute the researcher analyzed the Professor Nominal Graduation Registry Book. The work proposes a comparative study regarding the genesis present in the Lisbon Primary Normal School and the ones situated in Natal. The analysis dealt with institutional meanings attributed by educators. Documents from The Portuguese National Library as well as the Lisbon Superior Education School were analyzed. In this in environment, it was possible to analyze documents such as Minutes, Books, Manuals, Internal Regiments related to Pedagogy. The study allowed acknowledging that these Normal Schools emerged from the same historical substrate and present consonance between the two countries regarding once both were associated with politicians, professors, doctors, hygienists and professionals evolved with education. It was also possible to acknowledge that there is a presence of a pedagogical discourse attached to the primary school universe and professor education. The Natal Normal School was present in different contexts and was consolidated as an institution that was responsible for the education and preparation of primary school teachers. The school was considered a locus where it was possible to produce and work with specific knowledge in a peculiar fashion. This knowledge provided the necessary support for professor education and was in accordance with the world´s professional pedagogical movement as well as ideas, discussions and reflections. This school was considered a space for pedagogical activities, professional affirmation allowing action reflection enabling professor representation as knowledge producers legitimating professor instruction

Hermenêutica existencial em Agostinho de Hipona e Martin Heidegger

The thesis presents interpretations of Augustine of Hippo with regard to the first three chapters of genesis, the first book of the Bible. These interpretation are found in the works Literal Commentary on Genesis, concerning Genesis Against the Manicheans, Literal Commentary on Genesis, Unfinished, Books Xi-XIII of the Confessions, as well a brief exposition in Books XI-XIV of the City of God. Exposition of these Augustinian Commentaries seeks to demonstrate various interpretations made by author in one group of texts revealing a hermeneutics centered in the interpreter and not in established interpretive rules. In sequence there is described succinctly the evolution of textual hermeneutics during the modern period up to the reflections conducted by Martin Heidegger in the first half of the twenties. Based in Heidegger s existential commentaries on the Pauline Epistles (Galatians and I-II Thessalonians) and on the tenth Book of the Confessions, there is shown a return to a interpreter-based hermeneutics, such as practiced by Augustine. The concern manifested by Heidegger with regard to given bases foundations, existent in Dasein, foundations which can influence self-comprehension, constitute themselves in possibilities of explication as much for Augustinian interpretive variations, as for the existential approach applied by Heidegger to the Pauline epistles and Augustine s text

Elementos da ética sexual Tomista

This dissertation aims to present a elementar vision of thomistic thought about human sexuality from knowledges of vices and virtues. Introduce the notion of vice as otherwise to human nature and seek its etymological meaning, approaching with the neotestamentary perspective of sin and malice. This notion is based in aristotelian and augustinian notion, used by Thomas Aquinas. Also present two virtues inside of the christian thought about the sexuality. They are temperance and chastity. The temperance is a virtue that orders the pleasures of tact, and regulates the chastity. Finally, we show that is possible in thomistic thought admit the legitimacy of sexual pleasure and also the natural necessity in relations, and this relations just can be designed inside of legitimate marriage

Ser-tão de Buriti: o corpo de noturno rumor (a poética de Guimarães Rosa e o pensamento literário contemporâneo)

This thesis is to analyze the fictional texture of Buriti, novella by Guimarães Rosa, which makes part of Corpo do Baile. Gilles Deleuze‘s philosophical background as well as similar theorists such as Mircea Eliade, Derrida, Bataille, Foucault, Blanchot and Nie-tzsche constitute the main reference, as example of Guimarães Rosa‘s problematizing writing, since they present as basic element of thought the desterritorialization of con-cepts, standards and institutionalized knowledge by the dominant literary language. Along with the theoretical perspective of current alterity on these authors, Buriti is crossed by one aesthetics substantiated with a multiplicity of narrative points of view, opening gaps to other non-sacralized, nomadic voices, using polyphony as a way of breaking and destabilizing crystallized truths related to the canons of mother tongue. Interwoven by a poetic side of transgression, the narrative of Buriti finds especially marked by the signs of the backlands and of the night, which rhizomatically point to a sense of infinity, eternity, loneliness, vertigo before the abyssal, evoking the singularity of a ser-tão before the night, "the body of nocturnal rumor." The nights in the backlands in Buriti give rise to the emergence of a state of subjectivity, the ser-tão, whose nature is shown as a space of communion of the various beings that humans put on the same level of other living beings, setting up a sharing cosmic territory, enjoyment between pain and pleasure, between death and life. It is the night in the darkness, the shadows, the ser-tão is exposed, the being in his depth, facing himself with his internal rumors, which project themselves through the noise, the sound amplified by the vastness of the night at the desert backlands. "The backlands is the night." (ROSA, 1988, p.92).

Ser-tão de Buriti: o corpo de noturno rumor (a poética de Guimarães Rosa e o pensamento literário contemporâneo)

This thesis is to analyze the fictional texture of Buriti, novella by Guimarães Rosa, which makes part of Corpo do Baile. Gilles Deleuze‘s philosophical background as well as similar theorists such as Mircea Eliade, Derrida, Bataille, Foucault, Blanchot and Nie-tzsche constitute the main reference, as example of Guimarães Rosa‘s problematizing writing, since they present as basic element of thought the desterritorialization of con-cepts, standards and institutionalized knowledge by the dominant literary language. Along with the theoretical perspective of current alterity on these authors, Buriti is crossed by one aesthetics substantiated with a multiplicity of narrative points of view, opening gaps to other non-sacralized, nomadic voices, using polyphony as a way of breaking and destabilizing crystallized truths related to the canons of mother tongue. Interwoven by a poetic side of transgression, the narrative of Buriti finds especially marked by the signs of the backlands and of the night, which rhizomatically point to a sense of infinity, eternity, loneliness, vertigo before the abyssal, evoking the singularity of a ser-tão before the night, "the body of nocturnal rumor." The nights in the backlands in Buriti give rise to the emergence of a state of subjectivity, the ser-tão, whose nature is shown as a space of communion of the various beings that humans put on the same level of other living beings, setting up a sharing cosmic territory, enjoyment between pain and pleasure, between death and life. It is the night in the darkness, the shadows, the ser-tão is exposed, the being in his depth, facing himself with his internal rumors, which project themselves through the noise, the sound amplified by the vastness of the night at the desert backlands. "The backlands is the night." (ROSA, 1988, p.92).