Acesso à justiça enquanto direito fundamental: efetivação pela defensoria pública

The Federal Constitution of 1988 is recognized for its enlargement in the face of large amount of provisions that make it up, among which many are fundamental rights. The fundamental rules set up the foundation of a democratic state, however, are the necessary legal mechanisms to be effective, its exercise is not enough merely to state them, but to offer ways for them to stop being just written standard on paper, and come to be viewed and exercised day-to-day. In this sense, access to justice presents itself in our times, as a cornerstone for a just society dictates. In this light, access to justice can be seen as the most fundamental of rights, which translates as instruments able to safeguard the fundamental rights not only against the action/omission violating the state but also the very particular. Furthermore, access to justice within the legal country, is not right for everyone, despite the willingness of the Citizen Charter in its article 5, paragraph LXXIV, ensuring that the State shall provide full and free legal assistance to those in need. More than half of the population lives in poverty and can´t afford to pay legal fees or court costs as well as a bump in their own ignorance of their rights. The judiciary, in their primary function, is in charge of trying to correct the violation of the rights, intending to effect a true distributive justice, serving as a paradigm for the promotion of substantive equality of human beings, however, is difficult and tortuous access Justice for those without financial resources. In this vein, we present the Public Defender, as keeper of the masses in its institutional role, defending a disadvantage, in the words, as a mechanism for effective access to justice, ensuring therefore fundamental rights. Public Defenders arise at the time or much discussion highlights the priority of actual access to justice, custody, therefore, intimate bond with the pursuit of fundamental rights, in which, that advance the broad range of rights, without whom could defend them or guardianship them

A boa-fé objetiva na concessão dos incentivos fiscais / Humberto Antônio Barbosa Lima

This essay analyzes tax incentives concepts and existing discussions on national and foreing doctrine, especially in countries that influence our legal culture, such as Germany, United States of America, Spain, Italy and England, providing a detailed study about the requirements that must be observed to ensure that there be a legitimate concession of the same. All this using as argument the Constitutional Charter and the development of the Law, mainly through the principle of objective good faith, which acts as the limiting principle of administrative discretion in granting such tax incentives, as well as creative element of the new duties for the public managers in order to be more effective, efficient and transparent compliance with the pact between the government and society and the objectives pursued by the last. Always chasing a strong argument through a broad historical and philosophical analysis of the institutes discussed. Thus, through studies that reveal the necessary incidence of objective good faith in granting tax incentives to achieve the constitutional purposes, this work does not merely disclose what is wrong, but provides solutions to modify reality hitherto existing, ie, introduces ways to reduce the encumbrance of the odious and ineffective tax incentives in society and to redirect these values unjustly destinated for obscure interests to achieve the real reasons for the existence of tax incentives, especially economic development through the reduction of regional and social inaqualities and poverty eradication

O piso salarial nacional: a valorização do professor na Constituição de 1988

The paper investigates the legal mechanisms used by the Legislature and the Executive to implement the constitutional principle of the teacher s minimum wage, which is proclaimed in the Constitution as a strategy of professional appreciation for this category. The text demonstrates that the legal mechanisms used to value the teacher were: the 1988 Constitution, the constitutional amendments to this Charter updated and modified the original text in relation to the matter, and finally, the Minimum Wage Law . Article nº 206 of 1988 s Federal Constitution established that basic education teachers, who work in public schools, would be entitled to a national minimum wage. Law nº 11.738/2008 ( Minimum Wage Law ) regulated the matter and made other determinations on the relationship between the State and the teachers such as the establishment of parameters for the distribution of the workload of teachers. Based on this law, since 2009 the minimum wage has been set annually by the Federal Government. However, state governments and municipalities throughout Brazil protested prescriptions contained in the Minimum Wage Law . In this context, some governors and mayors led the Supreme Court regarding the constitutionality of this law. The complainants considered that there was unconstitutional by the following: definition of the teacher s workday, which in the complainants point of view was competence of local governments; ensuring that teachers receive salaries tied to the minimum wage with retroactive effect; transformation of the minimum wage in basic salary, lack of sufficient budget in the states and municipalities to honor with the new values to be paid to teachers and, finally, determining workload for the teacher to perform other activities besides classroom activities. At the trial held at the STF the majority of Ministers rejected the claim and considered that the Minimum Wage Law , taken together, was constitutional. However, this decision did not alter the position of the managers or the interpretation of the ministers who agreed with the unconstitutionality of some aspects of the law. This means that one law can present differences in interpretation between ordinary people and among members of the Judiciary. The search showed the following conclusions: the law is not a definitive parameter of justice, because it is deeply linked to various interests; the development, implementation, and judgment of laws dealing with minimum wage of teaching are linked to historical and cultural aspects of society; the demand for enhancement of teacher and setting a minimum wage has only emerged in the late twentieth century, a fact explained in this work based on data that indicate the recent concern of Brazilian State with schooling a phenomenon typically Republican and with the professionalization of teaching emerging concern from the knowledge society; the Legislative and Executive search mechanism to implement the minimum wage of the teachers because of the contemporary need for professionalization of teaching

Implementação das diretrizes operacionais para a educação básica nas escolas do campo: embates e limitações do trabalho docente no Rio Grande do Norte

Considering the situation of neglect existing in Brazilian public education and, specially, in the process of rural schooling, this dissertation aims to analyze the process of implementation of the Operational Guidelines for Basic Education in Rural Schools (DOEBEC), regulatory framework of the national policy of rural education. On it, we analyze the conditions of teaching work in rural schools of Rio Grande do Norte (RN), in 2010. The sample of the survey has as reference the representativeness of the chosen universe in relation to the totality of rural schools belonging to the state of RN. To answer the goals of the research, we opted to present a critical analysis of the following points: 1) Implementation of the DOEBEC; 2) Conditions of teaching work and teaching training. The points or categories of research were chosen based in the determinations of the DOEBEC (Resolution CNE/CEB n. 01/2002). For the data collection in the referred schools, we opted for the realization of interviews with the teachers and managers of these teaching establishments, in 2010. It was also utilized, for the characterization of school attendance in rural schools of RN, in 2010, official statistical data available by the State Secretary of Education and Culture (SEEC/RN). The analysis of the statistical data and of the primary data collected in field research indicated that the conditions of teaching work are still an obstacle to the development of the educative work of the teacher in rural areas. According to interviews with the participants of the research, we realized that the DOEBEC, despite being sanctioned in 2002, were still dimly known and discussed by the interviewees of the referred schools in 2010. Thus, we propose that the implementation of the policy of rural education in RN, instituted by DOEBEC’s legal landmark, and reaffirmed by the Rio Grande do Norte’s Charter to Rural Education (Brazil, 2005), is rethought and reconsidered, in the sense of ensuring that the changes proposed in this legal text, inherent to the school functioning, to the conditions of teaching work, to the rural schools’ management, to the remuneration and valorization of teaching work, to the teaching training, to the conditions of school transport, among others, be turned into concrete actions to improve the quality of education offered in the rural schools of RN state.

Implementação das diretrizes operacionais para a educação básica nas escolas do campo: embates e limitações do trabalho docente no Rio Grande do Norte

Considering the situation of neglect existing in Brazilian public education and, specially, in the process of rural schooling, this dissertation aims to analyze the process of implementation of the Operational Guidelines for Basic Education in Rural Schools (DOEBEC), regulatory framework of the national policy of rural education. On it, we analyze the conditions of teaching work in rural schools of Rio Grande do Norte (RN), in 2010. The sample of the survey has as reference the representativeness of the chosen universe in relation to the totality of rural schools belonging to the state of RN. To answer the goals of the research, we opted to present a critical analysis of the following points: 1) Implementation of the DOEBEC; 2) Conditions of teaching work and teaching training. The points or categories of research were chosen based in the determinations of the DOEBEC (Resolution CNE/CEB n. 01/2002). For the data collection in the referred schools, we opted for the realization of interviews with the teachers and managers of these teaching establishments, in 2010. It was also utilized, for the characterization of school attendance in rural schools of RN, in 2010, official statistical data available by the State Secretary of Education and Culture (SEEC/RN). The analysis of the statistical data and of the primary data collected in field research indicated that the conditions of teaching work are still an obstacle to the development of the educative work of the teacher in rural areas. According to interviews with the participants of the research, we realized that the DOEBEC, despite being sanctioned in 2002, were still dimly known and discussed by the interviewees of the referred schools in 2010. Thus, we propose that the implementation of the policy of rural education in RN, instituted by DOEBEC’s legal landmark, and reaffirmed by the Rio Grande do Norte’s Charter to Rural Education (Brazil, 2005), is rethought and reconsidered, in the sense of ensuring that the changes proposed in this legal text, inherent to the school functioning, to the conditions of teaching work, to the rural schools’ management, to the remuneration and valorization of teaching work, to the teaching training, to the conditions of school transport, among others, be turned into concrete actions to improve the quality of education offered in the rural schools of RN state.