A legitimidade da jurisdição de primeiro grau na concretização dos direitos fundamentais: proposta de um novo modelo jurídico-administrativo para o segundo grau de jurisdição

The current study is about the legitimacy of lower court jurisdiction as a way of exercising basic legal rights, proposing, therefore, a new legal-administrative model for appellate court. In order to achieve that, a demonstration of the importance of basic legal rights in the Brazilian legal system and an open interpretation in light of the Constitution, as a way to affirm said rights, among which are accessibility to the justice system and proper legal protection, is required. As a result, the legitimacy to access the legal system resides in the Constitution, where the interpreter should seek its basic principles to achieve basic legal rights. It is observed that the lack of credibility regarding lower court decisions comes from the dogmatic view of truth born from power, and therefore, that the truth resides in decisions from appellate court and not from lower court judges. A lower court judge holds a privileged position in providing basic legal rights for citizens, considering his close contact to the parties, the facts, and the evidences brought forth. Class action suit is presented as an important instrument able to lead the lower court judge to provide basic legal rights. Small Claims Courts may be used as paradigm to the creation of Appellate State Courts formed by lower court judges, reserving to higher jurisdiction courts and Federal Circuit Courts, the decisions of original competency and the management and institutional representation of the judiciary system. Instilling an internal democratization of the judiciary is also required, which means the participation of lower court judges in electing their peers to chief positions in the court system, as well as establishing a limited mandate to higher court judges.

"Reforma urbana já"; "arroz, feijão, saúde e habitação" :A luta por moradia na grande João Pessoa

Our object of study in this work concerns to the movement of fight for the housing in the Great João Pessoa, Paraíba, Brazil, and looks for to investigate the conditions and context of the occupations of building, public or private, for devoid populations that do not have where to live. Front to the absence of politics effective directed to the habitation or the cities, in a picture of unemployment and impoverishment of the population, the result of the habitation point of view, is the absolute lack of popular housings, the degradation of the cities and the growth of the number of homeless and also of its occupations. The urban occupations today represent a reply of these devoid populations that from an involvement with parties or Not Governmental Organizations, and social movements leave for the class action known by the occupation of abandoning public or private buildings. These occupations, even so initially if assume as pressure instrument or of visibility for attainment of housings, for the delay in obtaining the attention of the public agencies and a solution for the problem, becomes definitive or is drawn out per many years. E this if gives although the deficiencies, of the accumulation or families neither in an adequate, always precarious space nor in sanitary installations, that the necessary privacy does not allow. The study it consisted of an empirical research, through the participant comment and open and half-open interviews, and counted on the audiovisual register of two occupations, one in the downtown of João Pessoa City (old building of the INSS, in the Ponto dos Cem Réis) and other (Community of the Cajueiro), next to the Beach "Praia do Jacaré", in the city of Cabedelo.The choice of the Visual Anthropology as research instrument is on to a concern in better translating other ways of life, therefore the accomplishment of the video in allows them to know with more precision the reality where the citizens of the research live. We also use as methodological resource in the research the deepened interview, in intention to better understand the description of the way of life of the studied families and the movements of fight for the housing, particularly the MDM - Movement of Right for the Housing, and the MNLM- Nacional Movement of Fight for the Housing

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

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

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.