Hermenêutica constitucional e fficácia dos Direitos Sociais

The present research has, as general objective, to seek a constitucional hermeneutics directed toward the improvement of the efficacy of the social rights rules, with the purpose to solve the elapsins problems from the general picture of its inefficiency, which are disposed on the Constitution, in its ample majority, as mere regular norms. Leaving of the premise that no Constitutional norm can be without being materialized and the true development of the State is it the social one (based on the principles of freedom, equality and solidarity), it will be demonstrated that the arguments in favor of the legislative inefficiency configure a true blow on the Democratic State of Brazilian Law. For this, it will be done, preliminarily, a study of the basic rights, legal category where it is found the social rights. To follow, it will be analyzed the hermeneutics of the legal norms, with emphasis on the specifics of the constitutional hermeneutics and its methods of interpretation. Finally, the aspect on the improvement of efficacy and the effectiveness of the social rights will be studied, through a new readind of certain dogmas that still persist in the legal world, being distinguished the institutiones of the reserve of the possible and the existential minimum. Ahead of this, after verifying the new paradigmas of the interpretable activity, will be demonstrated how it is possible to get an upgrade on the effectiveness of the social rights

Viver e esperar viver: corpo e identidade na transição de gênero de homens trans

This work seeks to understand how trans men build their identities and live the transsexual experience in the relationships they establish daily onto “man” category. It could be observed that for it they engenders a specific gender transition in the midst of male transsexuality. Despite being under a complex amalgam of relations of exploitation and disciplinary domination, ways of being man are brokered for a living and entry into spaces where they are expelled for not conform the bodies that gender norms require. It is understood that gender transition is a process at the same time of organic and prosthetic body management and the assumption of your own identity. Thus, they build a politic of identity that creatively fixes a person's category as rights holder. The "transition" is therefore to transact from nonexistence to a place of humanity. This dissertation describes how this process takes place in the experiences of the speakers, observing the practices that bring out the male, front of class positions on the labor market, access to health, hormonization and own identity. Thereby, theories that fix them as expressing female masculinities or marginal to the hegemony do not find exactitude in their lives. The research methodologically started performing "multilocated ethnographies" that gave possibilities to in-depth interviews with 15 stakeholders from the Northeast, Midwest, Southeast and South of Brazil. Between 2014 and 2015, from the applying of network technique to the first dialogues in research, it was possible to build a participant observation by the trans men’s everyday life. Wherewith I was capable to behold their own private activities, as well as their public agency amid a trans activism collective in northeast, and the follow-up actions in which they were involved during the XII Encontro Nacional em Universidades de Diversidade Sexual e de Gênero (ENUDSG) held in Mossoró/RN. Therefore, the thesis engages to describe and understand the different ways of constructing trans male gender transitions in access to transsexuality and therefore a way of explaining their own trajectories in terms of people that exist as such, even though in the midst of narratives marked by emotions linked to "not live", to suffering and dehumanization.