Do controle de constitucionalidade dos atos jurisdicionais transitados em julgado

The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule

Efetivação da garantia de defesa no estado constitucional de direito: colisão entre o poder punitivo e garantia de defesa

The domination of the violence for the Rule of law awakened a tension between the practice of the punitive power and the right to counsel. However, throughout the recent history of the Criminal law, this shock of forces has been determined for the punitive power. In this perspective, the present work intends to submit the guarantee of defense to a critical judgment, in search to conciliate its content to the Constitutional State of Right. For in such a way, it will be necessary to recognize the disequilibrium of the situation, but without considering the superiority of any of these elements. The State in such a way must fulfill the function to punish the culprits as to acquit the innocents. Despite the law is far from obtaining a harmonious speech, it is necessary that the defense guarantee coexists the punitive power as part of an only public interest, which is, to make criminal justice. In such a way, the existence of a sustainable balance between the punitive power and the guarantee of defense depend on the minimum interference of Criminal law and, also, of the judicial position in the concrete case. The present work faces, therefore, the moment of crisis of the Criminal law, consolidated with the advent of a new way of thinking according to the procedural guarantees, that will demand the overcoming of the old concepts. The Constitutional State of Right not only constitutes an efectiveness of the regime of the right to counsel, but in a similar way it searchs to accomplish the right of action and criminal justice as a whole. Knowing that the philosophy of the language raises doubts on the certainty, the truth and the judgement, it is imposed to understand that the defense guarantee is no more about a simple idea, but, in the crooked ways of the communication, we intend to find what the judge s function is when he faces this new reality

Apelação no código de processo civil: uma análise sob o prisma do princípio 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

Educação - Corporeidade - Lazer: saber da experiência cultural em prelúdio

In the passage of life, the labyrinth of songs and corners are propitious ways for a better comprehension, perception and incorporation of learnings that emerge from our subjectiveness in a magic caught by senses. Eyesight, taste, hearing, touch and smell in communication with the world, put us in front of cultural diversities. The ludicity accumulated by experiences promote the flow of hilarious and concrete discoveries that express themselves in work and leisure demonstrations. Such reflections emerge indicators to the problematic construction centralized in the incorporation of cultural experience knowledge to the formation process and professional interventions in this rule and area. From this significant problematic, aiming to deepen studies, we favored leisure as field of investigative production in full expansion. This, for sure, was an exercise of qualification that guided us through meander of education and made us dip into studies about the corporeity. A research in which the scenery was painted and constructed with the complicity of the culture lived with shine, colors, rhythm and drummings of one of the most present cultural cycles: carnival. Recognized as a stimulant for beauty, participation, socialization, and helped us to enter in the essence of gestures and expressions of corporeity, to think, elaborate and socialize a critic-scientific knowledge which, appropriating from the rhythm of colors, of sounds, of tonalities, of senses and of meanings impregnated in the web of life. All these things seduced the researcher, making imagination flow amid ludic-creative dialogues with the imaginary of researchers creation and production in the rule and area of leisure, education and corporeity. Option that made us outline as objective to investigate and interpret how leisure teachers-researchers, from their studies, researches and interventions, locate and incorporate the knowledge from cultural experience to the formation process and intervention of professionals in this rule and in this area, emphasizing the contributions from this knowledge to fence and qualify this praxis. So, as living each cultural scenery, each epistemological contribution was feeding the production with images of the different versions of the Brazilian breedings, creating and raising expectations and new discoveries and newcomers. With the seriousness of a scientific study, we lived an xxiii academic experience with complex intensity, rigor and coherence, eliminating, step by step, the risks and limitations always present in a work of this magnitude. However, we weren t, even for one moment, alone. Our epistemic regard always maintained mediated by the principles of a methodological approach - the Etnomethodology, that while central guide provided us clues to unveil the lived world by our people-playful , in a universe of 15 members, that allowed themselves to comprehend, comment, analyze. This way, grasping the object in interactions arised and provoked by narrative interview, it was systematically dialected by (re) interpretation of images and formulations of people-playful, enriched by their beliefs, myths, conceptions and rituals inherent to knowledge from cultural experience, which each one attuned with Brazilian and international history, in a mixture of senses echoed from songs and tales. Inspired in drummings and percussions, clothing and choreographies of gestures and expressions, in mixtures produced in unit interactions in the multiplicity shown as necessary requests to the totality of life, with ludicity the rescue of the past, the conquest of present and the construction of future was the axle guide. This rich process of scientific creation made us realize that is possible qualify and empower the praxis in the rule and area of leisure incorporating the knowledge from cultural experience. What also becomes possible is the recuperation of objective revolutionaries and changing conditions of praxis itself with the view of strengthening and triggerment of vital elements in the rule and area of leisure. We also reaffirm that from this praxis emerge elements necessary to human formation in plenitude, by the appropriation of knowledge that guide the facing of challenges of a complex and plural world that valorize education, corporeity and leisure

O sofrimento do paciente na UTI : escutando a sua experiência

In tertiary care, the Intensive Care Unit (ICU) is nowadays one of the most complex settings in providing care to critically ill patients and could make the difference in favor of life. Nevertheless, the stigma of death which pervades the imagination when the ICU is mentioned and the excessive importance placed on machines rather than on the human being end up by causing distress to some extent. As the purpose of this investigation is to understand the distress caused to a patient in an ICU, it has been grounded on the following question: What kind of distress does a patient go through during his/her experience in an ICU? This study has, therefore, an analytical and reflexive character embedded in a qualitative dimension of a phenomenological approach based on narratives. To this purpose, five patients were interviewed from November to December 2008. Out of the empirical material gathered from these narratives we were able to identify several factors that cause distress to ICU patients. Among them were: the certainty that they are critically ill and fear death, a closed room, too much lighting, a typical loneliness arising from being isolated from family members and dear ones, lack of communication with the professional staff, and noise; besides having to undergo therapeutic procedures. In summary, although the ICU is seen as a place of distress, in many aspects and in accord with this research, such distress can and should be relieved. On the other hand, being near to death leads them to a redefinition of life, said the patients.

Diagnóstico para implantação do sistema de gestão ambiental em postos revendedores de combustíveis no município de Paranamirim RN: um estudo de caso

natural resources that still enjoy, in the certainty that if we do not, could culminate at the end of that remains. The environmental contamination by fuels in the retail service of oil and biofuels, has been a subject of growing research in Brazil, due to the large pollution potential of this activity. The aim of this study was to evaluate the importance of implementing the Environmental Management System (EMS) in fuel retail service stations in the city of Parnamirim-RN, but also describe the current situation the same as licensing and environmental characterization; identify existing barriers to implementation of EMS on the costs, technologies, knowledge, vision, present the potential benefits for the implementation of the EMS (social, economic and environmental), to identify the existence of plans for future action to implement the EMS , as a subsidy to promote the implementation of it. The methodology was developed through analysis of documents provided by the environmental agency responsible for licensing of retail service stations and fuel pala ANP. For data collection, we used the questionnaire was applied directly to managers or managers of sub-stations. Data were collected in 12 of 30 posts in the municipality. For purposes of data treatment was performed a descriptive analysis with respect to the opinion of twelve managers (respondents). The data acquired, according to the Likert scale were tabulated and analyzed using software SPSS 17.0 and Excel 2003, it was generated tables and graphs to observe the behavior of the data. The results showed that most respondents have a schooling level higher (58.3%) of the jobs surveyed 50% work on average 6 to 10 years and 41.6% are in operation for over 11 years , 75.0% do not have a license to operate and 12 stations, 58.3% were sued for not having a license to operate and are therefore in full commercial activity, 83% of jobs have some practice environmentally responsible, 75% agree in making planning future action to implement 8 the EMS in their ventures, 70% in full agreement that the high cost is a form of impediment to implementation of EMS; 66.67% agreed that resistance to change is an impediment to implementation of EMS; 90.91% agreed that the implementation of EMS is very complex, 80% of respondents agreed in a very significant environmental legislation is also a key factor preventing the implementation of EMS is noteworthy that 100% of respondents agreed that the knowledge about the use of the EMS will help to solve environmental problems in the fuel retail service stations, the implementation of the EMS will benefit with increased efficiency of resources applied to the findings by the agreement of 91.66% of respondents, where only 8, 33% disagreed, there was also a percentage of 100%, agreed that the company's image will be a great benefit, but also a contribution to solving environmental problems in the fuel retail service stations. Thus, the importance of the implementation of EMS in the fuel retail service stations in the city of Parnamirim-RN, with an urgent need to be deployed. And the bodies responsible for policy on state-run and supervise more tightly and action, this type of activity, in order to regulate the sustainable functioning of retail service stations of fuel, thus promoting a better quality of life for the population of the municipality of natal-RN

Estudo da Potencialidade da produção de tijolos de adobe misturado com outros materiais: uma alternativa de baixo custo para a construção civil

The production of the red pottery brick, made traditionally with clay, is a technique that is already stabled. However, in spite of the little complexity that involves the conventional process of these bricks production, it are exposed to many problems that begin in the fase of exploration of the mines, the problems get worse because of the lack of the clay's characterization, and they continue through the steps of the dough preparation, conformation of the products, the drying and the burning process. The wastefulness is shown and so is the low quality of the material produced. Among other factors, the high use of energy in the burning makes the cost of this material inaccessible to the low income consumer. Besides this, the destruction of the environment around the mines and the use of native vegetation to produce wood - the most used fuel in the pottery industry - make serious environmental damage. The production technique of a new type of simple brick (adobe), that has low cost and no environmental damage, can be the viable altemative to lower the cost of this part of the civil construction, and, consequently, in the building of cheaper houses. In this paper, the results of the mechanical resistance of the adobe brick are shown, using in its composition, clay, natural vegetable fibers, cement and plaster in a process that is completely handcrafted and manual. It is intented to make clear that are possible alternatives to be put in practice, with the simple process, using "raw earth" that has been used in the construction of houses in thousands of years, trying to solve these severe problems. Analysis and tests were performed to find results that could prove the possibility of the utilization of this kind of material. Other studies are in progress, and the new researches are necessary to enrich this work, but it stays the certainty that there is potential to produce bricks from adobe, as an alternative that has low cost to civil construction

Construção, calibração e análise de desempenho de um piranômetro de baixo custo, baseado no modelo Kimball-Hobbs

In this work a pyrometer using the classic model of Kimball-Hobbs was developed, tested and calibrated. The solar radiation is verified through the temperature difference between the sensible elements covered by absorbing (black) and reflecting (white) pigmentations of the incoming radiation. The photoacoustic technique was used to optimize the choice of the pigments. Methodologies associated with linearity, thermo-variation, sensibility, response time and distance are also presented. To correctly classify the results, the international standard ISO 9060 as well as indicative parameters of World Meteorological Organization (WMO) are used. In addition a system of data acquisition of two channels with 12 bits, constructed during the this time, was used to measure the global solar radiation on the ground by the pyrometer and also by another pyrometer certified in the case of Keep & zonen. The results statistically show, through the hypothesis test presented here, that both equipments find population average with 95% of correctness

Desgaste corrosivo-cavitativo-erosivo de um aço-carbono em meio aquoso com frações de sal (NaCl), CO2 e particulados sólidos (SiO2)

A batch of eighty-four coupons of low carbon steel were investigated at laboratory conditions under a corrosive, cavitative-corrosive (CO2) and corrosive-erosive (SiO2 + CO2) in an aqueous salt solution and two levels of temperature. The following measurements were made on Vickers (HV0,05, HV0,10, HV0,20) Microhardness tests at three levels of subsurface layer. A turbulent flow collided on the cylindrical sample, with and without mechanical stirring and gas bubbling, with and without fluid contamination by solid particles of SiO2, at two temperatures. Surface Roughness and Waviness, under two conditions "as received, after machining" and "after worn out", as well as gravimetric and electrochemical parameter were measured on the two opposite generatrices of each cylindrical sample, on the flow upstream (0°) and downstream (180°) by Profilometry, Mass Variation and Linear Polarization Resistance (LPR). The results of the Microhardness and Surface Texture of all coupons were subjected to statistical comparison, using the software Statgraphics® Centurion XVI, 95% statistical certainty, and significant differences were observed in some arrays of measurements. The corrosive wear rate measured by LPR and mass variation shown to be sensitive to the presence of bubbles and hydrodynamic fluctuations inside the cell, considering the temperature and contamination of corrosive fluid by solid particles. The main results of visual inspection relative to some topologies of the surface damages involving different mechanisms that were seen to give explanation for some fluctuations in wear rates of the steel experimentally investigated

Alternância no uso dos modos indicativo e subjuntivo em orações subordinadas substantivas: uma comparação entre o português do Brasil e o francês do Canadá

The purpose of this work is to analyze the use of the indicative mood, instead of the subjunctive prescribed by the normative grammar, in complement clauses introduced by the conjunction que in Brazilian Portuguese. Contexts of use of the subjunctive according to grammatical prescription, and contexts of fluctuation on the use of that verbal mood were analyzed, in an attempt to investigate what interferes on the choice of the mood by the user of the language. This study is based on North-American Functional Linguistics theoretical perspective, oriented to analyzing language in use, in the light of the principles of grammaticalization and markedness. The results obtained support that the contexts that favor the indicative over the subjunctive are those composed by a complement clause functioning as a direct object the unmarked clause of all complement clauses and by a verb on the main sentence that belongs to the semantic field of low certainty, corresponding to the epistemic sub-mode the unmarked category of the deontic sub-mode. The results indicate that pragmatics and semantics factors influence the language user on the choice of the verbal mood. This research also presents comparative data on the use of the indicative mood in place of the subjunctive in Brazilian Portuguese and Canadian French, aiming to providing suggestions on language teaching

A melancolia em A Asa Esquerda do Anjo

O termo melancolia, como foi mostrado em todo o decorrer do nosso trabalho, principalmente no histórico da melancolia, é um termo, por excelência, escorregadio. De várias facetas, a melancolia pode vir a designar desde patologia, passando por inspiração filosófica, para desaguar num modo de ver a vida, como bem nos coloca Denílson Lopes em seu livro Nós os mortos: melancolia e neo Barroco (1999). A Asa Esquerda do Anjo (LUFT, 2005) é uma obra que já nos acompanha há algum tempo, pois desde a graduação estudamo-la. Em torno da protagonista, chamada de Gisela pela mãe e Guísela pela avó, circula toda a trama desse romance moderno. Tentamos visualizá-la nos três capítulos da dissertação. No primeiro, focalizamos a obra sob o aspecto de uma possível estética da melancolia, tendo por base teórica Marie Claude Lambotte (2000). Depois, elaboramos algumas linhas sobre as perdas da protagonista que do enredo emergem. Por fim, demonstramos Gisela pelo aspecto de múltiplas faces. Sabendo que uma obra literária é infinita em seus significados, cremos que A Asa Esquerda do Anjo (2005) suscita outras nuances. Isto nos dá a certeza que não é um texto acabado, finalizado. Estas nuances poderão ser estudadas, pesquisadas em uma outra oportunidade por nós ou por outros leitores de Luft. A fim de estudar a melancolia em Gisela, fundamentamos nossa dissertação com os estudos de Freud (1980) a respeito do tema. Este faz uma análise comparando a melancolia ao luto, para poder chegar, assim, a um denominador comum, já que o termo é flexível em seus significados. Freud e alguns outros autores no campo, tais como, Bataille (1980); Benjamin (1984); Erickson (2003); Klein (1971); Kristeva (1989); Lino (2004); Peres (2003); Santos (2005), Scliar (2003), pois, nos auxiliaram em nossas pesquisas e direcionaram melhor o nosso olhar sobre a obra. Acreditamos ter alcançado nosso objetivo estudar a obra A Asa Esquerda do Anjo (LLUFT, 2005) pelo foco da melancolia e suas nuances. Gisela é um personagem inacabado. Em seu discurso ela deixa isto bem nítido. Assim também, não buscamos respostas prontas, com teor de acabamento. O fechar da história está nas mãos do leitor. Mas, à medida que reiniciamos nova leitura, percebemos algo novo, que pode ser extraído da obra, do personagem, da trama. É neste abrir/fechar que a própria Gisela sussurra: Vem, vem, vem.... Ao chamar a todos nós, chama também para um novo caminhar com ela, em suas perturbações subjetivas e sua ausência de respostas. Ao aceitarmos este convite, fica difícil retornarmos pelo mesmo caminho de antes. É necessário, então, junto com este ser de papel, rever nossos passos, para, enfim, redimensionarmos nossa escrita acerca de nós mesmos e (por que não dizer?) do mundo que nos circunda

Memórias da prisão: literatura e liberdade m estudo sobre Graciliano Ramos e Antonio Gramsci

La tese avvicina le Memorie dal carcere, di Graciliano Ramos e i Quaderni dal carcere di Antonio Gramsci, in una prospettiva in cui essi erano uniti per lo stesso ideale politico della prima metá del XX secolo e rappresentavano la resistenza intellettuale di fronte alla repressione. Entrambi furono vittime dell autoritarismo dei poteri fascisti e registrarono il periodo di prigione in differenti forme memorialistiche. Questi scrittori sono uniti anche per il contesto nazionale molto simile per la differenza economica tra le regioni. Condividono, inoltre, anche il concetto di arte e la certezza che l alienzazione dell intelligenza può essere superata solamente attraverso la ricostruzione delle basi nazionali per mezzo della conoscenza, dell educazione e della cultura. Si vuole mostrare come i concetti di Gramsci sono presenti non solo nella convinzione politica di Graciliano, ma in tutto il suo stile letterario memorialístico. Il lavoro, ancora, paragona le Memorie del carcere con due testi memorialistici di prigione in Italia, che sono Le mie prigioni, di Silvio Pellico, e Se questo è un uomo, di Primo Levi, per dimostrare che la proposta della letteratura gramsciana è molto più vicina allo scrittore brasiliano che ai due suoi conazionali.

As provas metafísicas da existência de deus em René Descartes

Le but de cet article est de présenter les éléments de preuve de l existence de Dieu présentée dans les Méditationes Métaphysiques de René Descartes, en soulignant son importance et son rôle dans le projet philosophique cartésien. La recherche visait á comprendre comment Descartes, étant um homme de science, la recherche de Dieu dans le pilier et d assurer leur philosophie. Par consé quence que Descartes propose de remplacer lui promettant de construire une nouvelle science fondée sur des bases sûres. Ainsi, le texte suit um ordre qu une partie de doute méthodologique comme um élément essentiel pour surmonter une connaissance née de l incertitude et généralisée et d opinions comme étant de droite, pour finalement atteindre la vérité dans les sciencies, Grace à la découverte Du premier cours, le cogito, moi pensant, alors existantes. Trouvé cette certitude, le sujet qui a en elle l idée d um être infini qui contient toutes perfections et, comme Il fera la démonstration de la preuve a posteriori et a priori. Et donc cet être ne peut pas être considéré comme inexistant projet assurant Descartes

Setor informal da economia e a dinâmica dos territórios nas praias da cidade do Natal/RN

La recherche sur secteur non-formel de l économie et la dynamique des territoires dans les plages de la ville de Natal/RN, a le but de la compréhension des espaces de ces territoires ainsi que leurs caractéristiques; le rapport des acteurs sociaux et l existence de politiques dirigées direct ou indirectement vers ce secteur de l économie et ses territoires. Pour celà, on donne emphase au scénario économique moulé par le système de production et reproduction dans la mondialisation, ce qui, parmis d autres actions aq l inetrférence sur le marché du travail, lequel subit constamment des transformations importantes cherchant à suivre les changements en niveau global, en devenant, pour ainsi dire, un marché chaque fois plus exigeant et, conséquemment, sélectif. Moyennant la réalité économique et politique vécue, il augmente le nombre de chômeurs dans le pays suscitant, à tort et à travers, la croissance du secteur non-formel de l économie avec ses inombrables travailleurs qui occupent les plus différents segments parmi lesquels les travaux autonomes, ici représentés par les camelots, les propriétaires de baraques, les propriétaires de kiosques ; etc. Pour atteindre ce but, on a cherché les reférenciels théorico-scientifiques ayant pour base la connaissance empirique à travers les inombrables cas d études matérialisés au moyen de donnés primaires et sécondaires. Finalement, on est sûr de ce que les travailleurs du secteur non-formel complèmentent la chaîne repoductive, ils créent et recréent des territoires avec des contenus variés qui sont indispensables pour la croissance et le développement social

Fotografia e paisagens da modernidade : Currais Novos/RN de 1950 a 1980 / Gênison Costa de Medeiros

This dissertation promotes a dialogue between visual representation and the new cultural geography theory to critically examine the photography representation of an specific urban landscape. The interest here is to explore the ways in which the images of the city of Currais Novos - RN, captured by the photographer Raimundo Bezerra from 1950 to 1980, have taken a great part in shaping people s understanding and imagination of this city s modernizing process. What comes out of this work is the comprehension of that photography permites a geographical study of urban landscape as it can revel perceptions, imaginations, discourses e subjetivities which are based on especific urban cultural dreams and aspirations related to the case studied. So, the aim of this dissertation was to analyse how the discourse of modernity could be seen as part of and impregnated to the urban landscape of Currais Novos by Bezerra s photographs. Then, an intertextual, hermeneutic and phenomenalogical understanding of the geographic object and how it fits within the cultural context was fundamental