Desenvolvimento e efetivação da garantia a duração razoável do processo civil

The present paper aims at analysing the constitutional principle which foretells lawsuit s rational run warranty. We came from a principle standard-constitutional analysis, showing its historical descent, its position and hermeneutical extent which can be given to the dispositive text. Being based on the institute standard examination, we then went to infraconstitutional analysis of the rules related. We noticed that there are specks of legal and practical advancements, however there are also some clear limitations for the lawsuit s rational run judicial development and accomplishment. In short, it is about a principle-logical constitutional standard which must be more and more compacted

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

Direito fundamental ao tempo razoável do processo judicial: limites e possibilidades de concretização no ordenamento jurídico pátrio

This dissertation aims to address the limits and possibilities of realizing the fundamental right to reasonable time of the Brazilian legal system process. From this perspective, we analyze a reasonable time concept for the process, consistent with the civil homeland process; the relationship between efficiency, effectiveness, legal security and reasonable time of adjudication; a formal recognition of the fundamental right to reasonable time of the procedure in the Constitution of 1988; and the immediate applicability of this fundamental right. As indicated, the crisis of the Judiciary and procedural delay are problems directly related to the limits and possibilities of realization of the fundamental right under study. Moreover, we also present some mechanisms that can be used to overcome these problems. The subject was developed based on constitutional interpretation of fundamental rights, an approach that will always have this concern to be based on a methodology which includes the normative and empirical-dogmatic fields, realizing the fundamental right to reasonable time of the process. We adopted as methodological approach the study of this issue in judicial aspect, more specifically in the field of civil procedure. Finally, we weave through a critical and analytical view, our conclusions, which demonstrate the possibilities of overcoming the limits imposed to immediate implementation of the fundamental right to reasonable time of the process in our legal system

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

A política pública de segurança em Mossoró-RN: uma avaliação de processo da implantação da guarda civil (2009-2013)

The subject of public safety is part of the academic and popular discussions, due to several factors that act in society culminating in an increasing criminality. The importance of the evaluation of public policies in this context consists in a possible control tool, monitoring and necessary adjustments to the government to make the necessary changes. Given this reality, it is thought the research problem: how Mossoró (RN) city has implemented his public security policy? In general guideline of the research, we work with the following hypothesis: the own formulation of the National Policy of Public Safety there are elements that hinder the implementation of a public policy of municipal security in Mossoró. The objective of this research is to evaluate the existing security public policy in the city of Mossoró, by the elements that facilitate and/or hamper its implementation, through the actions of municipal government in the activities of the Mossoro Civil Guard (GCM). For this, a review of the implementation process was conducted, specifically its subprocesses of selection, training, and logistical or operational. Was used bibliographical research, documental primary and secondary, and field research, with conducting of interviews. It was found that with a staff of 197 guards, and with five years of creation, the actions developed by this institution refer to an early implementation of the municipal security policy. The guard has the basic pattern selection, part of function relocation and part of public tender. The formation occurs in an introductory way, however, not complete and specific, for the function performance. Its operability is limited by the number of existing effective and by the physical structure that has not matching the demand yet, which touches on the municipal budgetary reality of direct resource intended to safety. It was found the absence of a municipal plan of public security with principles, guidelines and goals that could direct the actions of the guard. It is concluded that despite of the implementation of the GCM Mossoró have not achieved, within the parameters of efficiency, efficacy and effectiveness have played their actions, projects and programs, it could trigger a process of opening for construction of a municipal security policy. As well as break with the paradigm of municipal actions just meant for surveillance of public property, interaction affirmative for the prevention of violence and crime

O estrategista em perspectiva: um estudo sobre o processo de formação de estratégias no ramo varejista de construção civil de Natal e região metropolitana

The strategy research have been widespread for many years and, more recently, the process of formation of the strategies in the individual perspective has also gained attention in academia. Confirming this trend, the goal of this study is to discuss the process of formation of the strategies from an individual perspective based on the three dimensions of the strategic process (change, thinking and formation) proposed by De Wit and Meyer (2004). To this end, this exploratory-descriptive study used the factor analysis techniques, non-parametric correlation and linear regression to analyze data collected from the decision makers of the 93 retail in the industry of construction supplies in the Natal and metropolitan area. As a result, we have that the formation factors of the dimensions investigated were identified in the majority, thus confirming the existence of paradoxes in the strategic process, and that there is a relationship between logical thinking and deliberate formation with the hierarchical level of decision makers.

Saberes de enfermeiros acerca do processo de enfermagem à luz do modelo conceitual de Wanda de Aguiar Horta

Objetivou-se caracterizar os saberes de enfermeiros sobre o Processo de Enfermagem. Métodos: Trata-se de um estudo qualitativo de natureza exploratório-descritivo, efetivado nos meses de agosto de 2010 a junho de 2011 com 12 enfermeiros atuantes da Estratégia de Saúde da Família da cidade de Juazeiro do Norte-Ceará. Aplicou-se uma entrevista através de um roteiro semiestruturado após a assinatura do termo de anuência pelos participantes. Resultados: Os enfermeiros percebem o Processo de Enfermagem como uma ferramenta tecnológica que permite a oferta de uma assistência de enfermagem sistemática, racional e planejada, tendo em vista o reconhecimento e atendimento das necessidades humanas básicas do ser cuidado. Conclusão: Portanto, os enfermeiros detêm uma convicção clara acerca da significação do Processo de Enfermagem e sua capacidade de satisfazer as demandas de cuidado do indivíduo, família e comunidade

Estudo sobre a influência do massará no processo de formação de salitre em rebocos na região de Teresina - PI

This work had to verify the influence of massará, while mortar component, in the process of formation of saltpeter in cementitious plaster walls of buildings. The massará is a ceramic material, texture areno usually found in large volumes argillaceous sediments in Teresina, Piaui State capital, which is associated with the Portland cement mortar form for fixing and finishing in construction. Saltpeter or flowering is a pathology that happens in gypsum wallboard, which invariably reaction between soluble salts present in materials, water and oxygen. This pathology, supposedly credited to massará caused its use to suffer significant reduction in the market of the buildings. Verify this situation with particular scientific rigor is part of the proposal of this work. Grading tests Were performed, consistency limits (LL, LP and IP), determination of potential hydrogen, capacity Exchange (CTC), electrical conductivity (EC), x-ray fluorescence (FRX) and x-ray diffraction (DRX). Massará analysed samples in number six, including sample plastering salitrado presented potential hydrogen medium 5.7 in water and 5.2 on KCl n and electrical conductivity (EC), equal to zero. These results pointed to the affirmative that massará is a material that does not provide salinity content that can be taken into consideration. It is therefore concluded that the material analyzed not competing, at least with respect to the presence of soluble salts, for the formation of saltpeter

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

Estado e sociedade civil no Acre (1970-1980)

The relation between State and civil society is not a very recent discussion, but it does not mean that debate is exhausted, since is in the historical context that the novelty is seized. Thinking like this, we may analyze how the relation between state and civil society happened in Acre during the decade of 1970. But, to understand how this relation is established in faraway Acre, we have available to the reader historical analyses, in a tireless attempt to clarify minimally aspects that characterize acreana society. To do this, we take on as a departure point, in general not differentiating of the given structure at national level, the conformation of this society was guided in a passive revolution, in another way, by high transformismo, relegating to the civil society, which is incipient, pífia a simple participation in the hegemonic policy direction. All this brings us to the thought that both state bureaucracy structure and the civil society organization, were influenced decisively for a traditional political elite. In addition, we begin the work with the lifting bibliographic reference searching and then we analyze the empirical reality, such as newspapers, official media publications and private, a few documents and last, interviews with political actors associated with the process consolidation of civil society in the 1970 decade. The interviewees were selected, firstly for their location in the region, and for their outstanding contribution to the consolidating process of recent Acre history. Thus, the interviews followed up on a semi-structured way, leading up, also, for the informations that the interviewees would have to pass on. The systematization and analysis of these surveys have shown us that, in the period before of the Acre Federal State lifting had, of course, a transformismo by high, but at 1970decade, the society with a more heterogeneous social formation, is not allowed, or at least, organize itself, to counter a systematic imposition. Thus, the hegemonic area of dispute between State and civil society occurs from the "reconciliation" with the adoption of public policies that amenizasse the dispute between both spheres, and to build up some bodies, settling a acreana civil society.

Programa nova semente em perspectiva (2009-2012): uma avaliação de processo

Historically the provision of childcare facilities in Brazil was short of demand. This problem affects a large part of the population and has a tendency to worsen, due to the accelerated decline in the number of parents of dedication exclusive family. The program called "Nova Semente" seeks to accelerate the creation of childcare facilities in the county, enabling the opening of units at low cost and in record time, through partnerships between government, non-governmental and civil society organizations. This study conducted a process evaluation of the implementation of public policy, to identify the strengths and weaknesses of the policy. In real terms, this paper seeks to understand the motivation for the development of the program, identifying the reasons set out in the project match what is being sent; Understand how it is giving practical partnership between the government entity and the entities "non-state"; Identify the degree of achievement of goals that should be met even in the implementation phase; verify employment of instruments provided for its implementation. For this, the literature of public policy evaluation is used, and fits the criteria and mechanisms for analysis in the assessment of efficacy, to answer the question motivating the work, which deals with uncertainty about the durability of the Program. the framework is the criteria and mechanisms for analysis in the assessment of efficacy, to answer the question motivating the work, which deals with uncertainty about the durability of the Program

Alguns aspectos sobre o processo da democratização dos sistemas políticos no mundo árabe :Egito e Líbano como modelos de estudo

The World has tried diverse democratic waves at distinct moments. Some nations have adopted the idea of the democracy for years; others have not yet and other ones are still in a slow process of transition. The field of studies on the Arabian political systems has testified since the last quarter of 20th century a notorious development. This advance disclosed in the existence of a set of trends that has turned around a number of concepts and main theoretical frames such as the political pluralism and the democratic transition and the civil society and its relation with the State. The speech on the process of democratic transition consists in part in the capture and the analysis of the role of the forces and the organizations of the civil society in this process. The peculiarities of the Arab World excite questions concerning the establishment of one governmental system in this universe in the mold of that one that develops with hegemony in the Occident, which has become an interesting field of inquiries for the Political Science. This study comprises the analysis of some aspects of the political situation in the Arab World towards the process of democratization in which Egypt and Lebanon are models of study. Thus the theoretical basis of the term democracy is introduced, presenting different considerations about this expression, since the sprouting of the term until its current conception; later the civil society is analyzed as well as the systems of the political parties and the electoral systems of both countries in attempt to identify the level of democratization existing there and also to find the possible ways to magnify the democratic horizons

Devido processo penal: uma análise acerca dos direitos fundamentais sob a perspectiva do processo eletrônico

The current study presents an analysis about the automation of the lawsuits in Brazil, which opens a new direction to be followed by the National Secretary of Justice, applied indistinctively to the civil, criminal and labor lawsuits, as well as to the special court houses at any degree of juridisdiction. It treats, specifically, about the transition from the classic lawsuit with bureaucratic aspects to the electronic one, based on the simplicity of the functions, the quality of the oral and the readiness. The light of the constitutional principle of the reasonable duration of the lawsuit, while fundamental rigth of the defendant and, under de protection of the democratic guarantee, it investigates, from the theory of the fundamental rights to the reform movement of the lawsiut, in the scenery of the alien law and national law, the latter, mostly because it has the automation as a necessary improvement claimed by modernity, yet without forgetting of the humane character inherent to the criminal lawsuit. It faces the issue of of the disruption of the paradigm of the written formality of the Brazilian lawsuit, the problem of the resistance to the new automized method, the use of the video conference for the inquest of the witnesses as well as for the questioning of the defendant, the advancements of the virtual lawsuit on the Superior Courts, Federal Supreme Court and Superior Court of Justice, it treats also about the role of the National Council of Justice - CNJ - to uniformize the legal proceedings in the country. Without neglecting the effective respect to the fundamental rights, it focuses the cultural change necessary so that the electronic technology can be, in fact, in the indictment system, the means to reach with excellency the citizenship by the simplification of the legal proceedings, transposing the baseless bureaucracy and assuring an effective judicial service assistance in order to have a better quality of life

Conquistas e desafios do processo de trabalho de enfermagem: o caso dos CAPS em Natal/RN

The Brazilian Psychiatric Reform proposes creating linkages / interactions of the mentally ill with civil society , through promoting citizenship and assistance to the mentally ill. The deinstitutionalization of mental health advocates from the guidelines decreased supply of hospital beds and consequently the creation of substitute services for psychosocial care, especially with regard to therapeutic practices emancipatory. From this scenario, the present study aims to investigate the relevance and challenges of the process of nursing work in CAPS III in Natal / RN. It is descriptive research with a qualitative and exploratory. The subjects are employees of the nursing team in CAPS III East of Natal / RN. This service has actions for the psychosocial care of the subjects treated with daily multidisciplinary care by behaving the length of treatment and follow-up activities, industrial and cultural activities. Employ the semi-structured interview as a tool for data collection. The data analysis was done by means of thematic analysis proposed by Bardin. Thus, this sought to bring to the discussion of how this process is consolidated in the daily service. Thus, purposed to contribute to the debate on deinstitutionalization in psychosocial care as a guideline in the process of mental health nursing work in a CAPSIII, Natal / RN

Desenvolvimento de um sistema de planejamento, gestão de serviços e controle de custos em obras de construção civil

The increasing competitiveness of the construction industry, set in an economic environment in which the offer is now greater than the demand , causes the prices of many products and services, are strongly influenced by the processes of production and the final consumer. Thus, to become more competitive in the market and construction companies are seeking new alternatives to reduce and control costs, production processes and tools that allow for close monitoring of the construction schedule, with the consequent compliance deadline with the client. Based on this scenario, the creation of control tools, service management and planning work emerges as an investment opportunity and an area that can promote great benefits to construction companies. The goal of this work is to present a system of planning, service management and costs control that through worksheets provide information relating to the production phase of the work, allowing the visualization of possible irregularities in the planning and cost of the enterprise, enabling the company to take steps to achieve the goals of the enterprise in question, and correct them when necessary. The developed system has been used in a piece of real estate in Rio Grande do Norte, and the results showed that its use together allowed the construction company to accompany their results and take corrective and preventive actions during the production process, efficiently and effective