O direito fundamental �� igualdade no contexto da identidade sexual no Brasil: um estudo da situa����o jur��dico-constitucional com ��nfase no exame da suposta inconstitucionalidade por omiss��o do legislador civil

This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.

A fun����o social do contrato como concretiza����o de direitos fundamentais nas rela����es privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

Sociedade, mulher e educa����o nos romances de Graciliano Ramos

This paper, Society, woman and education in Graciliano Ramos' novels, is a study object from the history of woman's education in the 1930 s, it is shown as a reading of woman's representation and the configuration of the Brazilian society in that period. S��o Bernardo, Angustia and Vidas Secas written by Graciliano Ramos (1892-1953) from Alagoas, are used here as sources associated with the reading of the Constitutions, of the Civil Code and of some presidential messages of that decade, also with the texts produced by other scholars that present some relationship within the thematic of this approach. The representation concepts and the configuration are essential for the production of this text. I run over to the configuration concept given by Chartier (1988, p.21) a definition to representation that can be understood as a relationship between a present image and an absent object that having the value of this because it is hamonized with it. I fall back upon the configuration concept given by Elias (1969) that understands it as been a social group performed by an interdependent network that occurs within individuals as a whole joined by any reason. The totality of each individual actions with each other, permeated by tension points and balance, is what characterizes each configuration; it can be a teachers and students meeting in a classroom or a friends' encounter in the bar table, for instance. The attempt of understanding woman's representation, being educated or not, the hole attributed to her in society according to her instruction degree and the way that same society saw this woman guided me through categories that were defined throughout the successive readings: gender, civil status, education, language domain, sexuality, marriage, family, ideal woman. I accomplish this reading that was possible to do - with the pretension of not having lost the relationship between history and literature nor forgotten each one peculiarities

AI, LA, ALI e AQUI: gramaticaliza����o de um paradigma emergente no dom��nio funcional da especifica����o nominal

In the light of the Functional Linguistic Theory, in its North-American version (HOPPER, 1987, 1991, 1998, 2008, 2010; GIV��N, 2001; LEHMANN, 2002; HOPPER; TRAUGOTT, 2003; FURTADO DA CUNHA; OLIVEIRA; MARTELOTTA, 2003, among others), the general objective of this research is to demonstrate, based on morphosyntactic and semantic-pragmatic properties, that AQUI (HERE), A��, ALI and L�� (THERE) are part of an emerging paradigm in Brazilian Portuguese recently constituted and still developing of forms indicating specificity in indefinite noun phrases (NP). The data that make up the corpus of this research were collected in the following large Brazilian oral corpora: the Corpus Discurso & Gram��tica: a l��ngua falada e escrita na cidade de Natal (FURTADO DA CUNHA, 1998), the Banco Conversacional de Natal (FURTADO DA CUNHA, 2010), the Projeto Varia����o Lingu��stica no Estado da Para��ba VALPB (HORA, 2005) and the Projeto Varia����o Lingu��stica Urbana na Regi��o Sul do Brasil VARSUL (VANDRESEN, 2002). Firstly, the behavior of the specificity markings AQUI, A��, ALI and L�� is described with respect to many factors of morphosyntactic and semantic-pragmatic nature: type of construction in which the markers appeared; existence or not of intervening material between the specificity marker item and the NP s nuclear noun; type of noun to which AQUI, A��, ALI and L�� are linked; syntactic function of the specified SN; informational status of the NP to which the specificity markers AQUI, A��, ALI and L�� are attached; occurrence of conversational implicatures (GRICE, 1982) in the context of use of these specificity markers. Next, a possible grammaticalization trajectory is outlined, according to which AQUI, A��, ALI and L�� would had gone from an early spatial deictic indication to the specificity indication. The results point to the existence of forms with varying degree of emergence in this new paradigm of nominal specification, with A�� being, probably, the item most grammaticalized, followed by L��, then ALI and AQUI, which permanence in the paradigm do not yet appear to be consolidated

Apela����o no c��digo de processo civil: uma an��lise sob o prisma do princ��pio da efetividade

The present dissertation, elaborated is based on the deductive method, through the use of the General Theory of Resources concepts, by the main types of judgments existing in the Code of Civil Procedure, the interlocutory judgment and sentence, as well as the features and effects that challenge these decisions, we sought to identify on this theme one of the greatest evils facing the justice system in the world, which is the processing delays. This slowness in adjudication affects seriously the principle of effectiveness, one of the postulates of procedural law and society as a whole. Thus, the use of tort serves to fight the interlocutory decision and appeal which challenges the judge`s ruling. It is a resource for excellence in appellate system as it meets with the most awaited decision of the process. In weighing the importance of the appeal that seeks to oppose the court decision today by the numerous reforms that the procedural system has been through, it has ended up to transform the process ineffective or inconsistent, for it is much easier to have efficacy in a interlocutory decision for preliminary injunction than by judgment on the merits of the judge. This is due to the prevision of the resources and their effect to those decisions. That is, the interlocutory decision involves interlocutory appeal only in the devolved effect, allowing its provisional execution, and the sentence has as recourse to appeal the double effect, remanding and suspension, which necessarily prevents its provisional execution. But it undeniably shows a paradox, because as to give effect to a measure that is based on a mere probability by a summary cognition, partial and superficial, and stop it on a decision by a court that is closer to the truth and sure, for a full and depleting cognition? It is seriously affect the principle of effectiveness. Therefore, starting from this ineffectiveness, sought to defend the solution of this problem with the approval of the bill n. º 3.605/2004 or the new Code of Civil Procedure project that modifies the general rule the effects of appeal. That is, remanding and suspensive, as to merely remanding effect to and thereby enable the provisional execution of the judgment of the court of the first degree of jurisdiction, giving effectiveness and enhancing the decision of the magistrate, making a fair distribution of time in the process and better guaranteed principle of access to justice

Classes sociais e elei����es presidenciais no Brasil contempor��neo (2002-2010)

This work aims to analyze, in terms of class, the social composition of the constituency of the presidential candidates of the Workers Party in 2002, 2006 and 2010 elections. Such research object is constructed from a preliminary critical debate with recent Brazilian electoral studies, especially the literature on the infl uence of social programs on voting and Singer’s formulations about the lulismo phenomenon. Incorporating advances and pointing out gaps in such research efforts, is formulated a roadmap for empirical research constituted of three key elements - the measure ment of the dimensions of class structure in Brazilian capitalism; the observation of material interests related to the constituents locations of such structure; the development of measures of association between the insertion in class groupings and indivi dual voting behavior. Based on the neo - Marxist approach of class analysis, especially as formulated by Wright, it is made an adaptation of the typology formulated by such approach (mainly developed by Santos to the Brazilian case) to the data available fro m databases of censuses of 2000 and 2010. This theoretical construct reveals that during the period considered for the analysis, the structure of class - relations in Brazil became more proletarized and consequently had a decrease of the dimensions of the de stitute class locations. In addition, it was found, in relation to the objective class interests, widespread increments of economic welfare that allowed advances in relation to the material conditions of the proletariat, without, however, incurring losses to the privileged class positions. Such changes in the structural sphere focused in various ways on the political arena. Based on an adaptation to electoral analysis of the concept of "class formation", also formulated by Wright, associated with the use of techniques of ecological inference (especially those proposed by King and associates), it was possible to draw up an overview of class voting in period studied. As main results, three general patterns of individual voting behavior, related to each of the three analyzed class groupings were identified - a contraposition against PT candidates, by voters in privileged class locations; the adhesion, recurring throughout the study period, of workers to Lula and Dilma Rousseff; a favorable electoral shift unde rtaken by economically deprived voters in favor of those candidatures in the 2006 election.

An��lise do discurso sobre o "bom" professor de Hist��ria no Brasil contempor��neo: uma quest��o de cidadania...

Conselho Nacional de Desenvolvimento Cient��fico e Tecnol��gico (CNPq)