A ação civil pública como meio de concretização do direito à saúde na Constituição de 1988

The work presented here is about aspects of the constitutional extension in which is the public civil action with the objective of verifying its aptitute in tutelaging subjective situations derived from fundamental rights, especially right to health assistance. Thus, it offers a clear analysis of the practical functioning of most aspects of the public civil action (lawsuit), with philosophical foundation and necessary doctrinaire to your comphehension. How it once was (history), how it could be (reform suggestion), how it is (current interpretation of the law) and how it should be (critic analysis of the microsystem of collective tutelaging of rights, its perspectives, as well as the efficacy of the public cilvil action about accomplishment of the right to health as supraindividual right). The objective is to analyse the main version of the theme (for instance: the impacts caused to the dissociation of the Procurations theory), so that it can be extracted the philosophy and the general theory, of the public civil action and collective tutelaging in general, pragmatically applicable to study purposes. With this theorical fountain, the reader will be in a more solid position, not only being able to understand the subtilities of the public civil action, but mainly being able to recognize its faults and present solid reform proposals and improvement. It is know that the Juridical Power (Procuration) does not allow any more inactivity about negating accession to health in its collective dimension (lato sensu: spread, collective stricto sensu and homogeneous individuals), being imputed to it novel usage that consolidates in the assumption of the role instrument set aside to be used by all with organized instancy of solution to collective conflicts in large sense. This happens, overall, because of the current justice politization, understood as juridical activism, connected to the struggle between the groups defending their interests and the acceptance of the constitution about solidifying the public politics of quality health

O direito à informação jornalística: garantias constitucionais ao direito de ser informado no sistema brasileiro.

The freedom of social communication referred to those freedoms exercised under of the media. The journalism is professional activity responsible for factual information, real, pluralistic and of the public interest, directed diffusely to social orientation. The right of the information, characterized as diffuse right or of fruition by uncertain and numerous holders, is subdivided in the right of the inform, inform yourself and right to be informed. The journalists, as occupants of a enlarged spectrum concerning of right of the inform, have responsibility for the information they disseminate, devoir that puts on the basis of the constitutional right to be informed. This duty is divided with journalistic companies, when them realized. In the research, examined the existence of constitutional guarantees the right to be informed. To answer the question, realized research to support bibliographical and documentary. The guaranty is a empirical preoccupation coated with legality, since lends itself effect concretize a right. Traced so a panel of guarantees of institutional imprint, substantive and procedural. Treating of the institutional guarantees the right to information, it would refer to true institutions (as the free press) and may begin subjective rights. In the case of substantial guarantees, we would have access to information, the confidentiality of the fonts and the incensurable feature of journalistic information. A guarantee peculiar would be constitution of bodies responsible for monitoring the quality of the vehicles of communication. Trace it also a panel strict of procedural safeguards, such as public civil action, the security s warrant, and the rights of petition and answer.

Proteção constitucional do consumidor no âmbito da regulação publicitária

The concern with issues related to consumer protection has emerged in North America and then spread throughout the world. In Brazil, consumer‟s rights and interests only gained greater importance after their consolidation in the Constitution of 1988 and the enactment of the 8078/90 Law (Consumer‟s Protection and Defense Code), which established the consumerist microsystem. The understanding of the legal relationship of consumption concept is necessarily connected to knowledge of the elements that compose it. Among these, we can find the consumer and the provider (subjective elements), the product or service (objective elements), and the consumer‟s condition as final receiver of the consumption object (finalistic element). In order to elucidate the configuration of consumer protection before advertising communication, this work will analyze the advertising through the prism of consumerist laws, conceptualizing it and presenting a differentiation of it in relation to practices such as marketing, offer and commercial communication as well as examining its several kinds of manifestation, focusing mainly the ones categorized as misleading or unfair advertising. All kinds of advertising communication against the consumerist microsystem are subject to judicial control exercised by the State. Besides individual protection possibilities, this state-owned control can be collectively exercised as a result of the utilization of public civil action and popular action. Some specific categories of advertising (smoking products, alcoholic beverages, pesticides, medicines and therapies) are still subject to a set of particular restraints provided by the 9294/96 Law, which enables the performance of a special control in relation to them. In addition to state control, there is also a system of advertising communication self-regulation, which develops itself through the actions of the National Council of Advertising Self-Regulation that are based mainly on the laws established by the Brazilian Code of Advertising Self-Regulation and its annexes. However, this system of advertising self-regulation still has some deficiencies that hinder its effectiveness

Imagens e contra-imagens do estado": considerações sobre a sociedade civil em Gramsci e Habermas

The theme of civil society has resonated significantly in the analysis of social science studies and has long been the center of public opinion, applied to a vast range of contexts, significances and political ideological connotations. Starting with such an unstable theoretical scenario, our research proposal scrutinized two civil society analysis traditions. Embodied by Antonio Gramsci and Jürgen Habermas, these politically conceptual differences are significantly divided into distinct interpretations of the relationship between the state and civil society. On one side, in Gramsci's work, we observe civil society as historically constituted through "molecular expansion of the state", organizing itself during its obligatory constitutive moment. On the other, Habermas shows us a civil society instituted from the structural differentiation process of society developed due to the contradiction existing between the different ways the state administration is organized, the economy and daily social interaction (in which it is found). As a consequence, civil society is no longer seen as a political arena and the hegemonic catalyst of the state, but as a social arrangement destined to increase the viability of the ethical and dialogical reconstruction of social life. It follows that the understanding of the distinctions between both models of civil society become crucial in the measure that they are divided in relation to the delineation of acting agents, fighting strategies, and to the objective of their actions.Despite the existence of analytical dissonance, we intend to outline the common points between both these civil society analysis traditions whose conflicting political action models lead us to a greater understanding of our contemporary political scene. This will be done starting with the systematization of both selected authors' principal categories, and through the introduction of the "contra-hegemonic public sphere" concept

Sociedade civil no espaço de atuação com juventude: uma cartografia social

This report has as its objective the setting up of a social cartography, mapping and characterizing non-governmental organizations working with adolescents and young people (OSC) in the western districts of the city of Natal. Characteristics such as the profile, themes and principal activities, how the organizations fit into the public sector and their participation in social networks are observed. Thus common differences and similarities which serve as a means of indentification, take as reference the symbolic cartography of Boaventura of Sousa Santos. Since there are relatively few studies relating to civil society of Rio Grande do Norte and in particular, Natal, the starting point was the setting up of a database allowing for a general overview. Hence a panorama of the organizations could be observed: where they are located, when they were formed how they operate and their relationships with other sectors (the state, the market and civil society) in addition to basic facts and location. The principal lines of enquiry were a) the OSC which operate with the public comprising adolescents and young people and b) the OSC operating or having branches in four suburbs on the periphery of the western administrative region of the city (Felipe Camarão, Bom Pastor, Cidade Nova and Guararapes).The present report has identified the impacts of ongoing social transformation caused by the process of globalization ,by the various currently contested political projects which are as follows: the project of neoliberal globalized capitalism(hegemonic)and the project of social emancipation (contra-hegemonic),how these are seen from the local viewpoint and how they influence the profiles and operation of the cartographic organizations. The area of the OSC is a heterogenous one with political, cultural and ideological strains, characterized by its infiltration, its local/global and multicultural dimensions. As civil organizations are fundamental in the processes of transformation within society, and following the idea of social emancipation referred to by Boaventura Santos, the enquiry classified the organizations according to the afore-mentioned characteristics, establishing eight types of associations. These different types and their respective characteristics were analysed from a related perspective using the mechanisms of symbolic cartography: scale, projection and symbolisation. The theoretical references underpinning this research arise from the debate on civil society which becomes redefined as a result of the dispute involving the two afore-mentioned political projects. These demand the theoretical application of the comprehension of heterogeneity in its diversity and complexity together with the idea of social emancipation.The main authors consulted were Boaventura de Sousa Santos, Antonio Gramsci, through the texts translated by Marco Aurelio Nogueira; Carlos Nelson Coutinho and Alberto Rivera ,who supported the construction of the types of associations identified by the local reality.Finally this research enabled an understanding of the current form of social action happening in the Space of the Four Neighbourhoods (Espaço dos 4 Bairros) and how the distinct profiles analysed together with the ares of operation of the organizations define their emancipatory potencials within the following two poles: regulation/adaptation and emancipation/transformation

Assédio moral na administração pública e a responsabilidade civil do estado

The social and economic changes of the last decades have enhanced the dehumanization of labor relations and the deterioration of the work environment, by the adoption of management models that foster competitiveness and maximum productivity, making it susceptible to the practice of workplace bullying. Also called mobbing, bullying can occur through actions, omissions, gestures, words, writings, always with the intention of attacking the self-esteem of the victim and destroy it psychologically. In the public sector, where relations based on hierarchy prevail, and where the functional stability makes it difficult to punish the aggressor, bullying reaches more serious connotations, with severe consequences to the victim. The Federal Constitution of 1988, by inserting the Human Dignity as a fundamental principle of the Republic, the ruler of the entire legal system, sought the enforcement of fundamental rights, through the protection of honor and image of the individual, and ensuring reparation for moral and material damage resulting from its violation. Therefore, easy to conclude that the practice of moral violence violates fundamental rights of individuals, notably the employee's personality rights. This paper therefore seeked to analyze the phenomenon of bullying in the workplace, with emphasis on the harassment practiced in the public sector as well as the possibility of state liability for harassment committed by its agents. From a theoretical and descriptive methodology, this work intended to study the constitutional, infra and international rules that protect workers against this practice, emphasizing on the fundamental rights violated. With this research, it was found that doctrine and jurisprudence converge to the possibility of state objective liability for damage caused by its agents harassers, not forgetting the possibility of regressive action against the responsible agent, as well as its criminal and administrative accountability.

O direito fundamental à igualdade no contexto da identidade sexual no Brasil: um estudo da situação jurídico-constitucional com ênfase no exame da suposta inconstitucionalidade por omissão 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.