A constituição desmilitarizada: democratização e reforma do sistema constitucional de segurança pública

The normative construction of the public security system in the Constituent Assembly of 1987-1988 preserved paradoxical normative space, the military police linked to the Army with a restrictive legal statute of the police offices citizenship through a hierarchical and disciplinary model that is anachronistic. This research originates from the following problem: How is it possible to tailor the constitutional system of public safety, specifically the Military Police, according to the democratic paradigms constructed by the Constituent from 1988 and carry the right to public safety under these molds? The militarists limitations of the Constitution allowed the growing militarization of police departments, organizational culture and authoritarian institutional practices. Underlying this, the problems related to difficulties in realization of Right to Public Safety, the strikes of the military police, the incomplete policy cycle started demanding from the constitutional-legal system appropriate responses. Utilizing the dialogical method and an interdisciplinary approach to the subject, and theoretically grounded in overcoming of the constitutional normativist juspositivism.It was found that the constructed infraconstitutional legislation was insufficient to supply the systemic shortcomings of constitutional law, when looking to create a single system of public security without giving due scope to the federal principle and expand the autonomy the Federated States, and even grant democratic legal status to the military police. Formal legal limits imposed by the Constitution constructed a legal anachronism, the military police. Thus, a democratic reading of military police institutions becomes inconceivable its existence in the constitutional regulatory environment. Thus, reform the Constitution in order to demilitarize the police and conduct a normative redesign of the public security system is fundamental to Brazilian constitutional democracy

Proteção constitucional do trabalhador portador de incapacidade laboral

Social security has constitutional protection and encompasses health policies, social security and welfare, which are explicitly recognized as a fundamental social right. When workers suffering from work disability are unable to earn income with your work force to support themselves and their families. The State, through the public welfare, contributory and compulsory, has a duty to protect workers in times of misfortune, replacing these income through the provision of social security benefits. Disability the employee has a higher degree of vulnerability, and the granting of disability claims a right sensitive, which can‟t suffer postponements, lest cause legal uncertainty and violating the dignity of the human person. There isn‟t legal definition of disability. The main purpose of the study is the constitutional protection of the worker carrying work disability, seeking to highlight the factors affecting work disability and proposing the use of objective criteria for the grant of social security benefits, because the criteria used are purely medical, based the subjectivity and agency of medical assessor, which hinders the judicial and administrative control of the State. At the time of preparing the expert report, the expert should not consider only tangible aspects, but also social and environmental issues, which contribute to the inability to work and therefore should be considered in granting social security benefits. The granting of social security benefits for incapacity for work is intended to prevent or lessen the impact of individual and social risks in relation to the worker incapacitated, ensuring that the constitutional protection to be effective. The presumed inability, the institute reversing the burden of proof and free conviction motivated are important tools for resolving conflicts between the insured and welfare, finding basis in the insured`s vulnerability, sensitivity and little reliance right at issue in relation to the employee social pension

A questão do estilo na psicanálise lacaniana

Lacanian psychoanalysis has won a considerable space in brazilian university: a search for Lacan in the field of subject of the CAPES Thesis Bank shows 1.032 results! However the difference in the style of knowledge production and language usage is considerable between academic psychology and lacanian theory. The difficulty in reading and understanding Lacan is something pointed out by supporters and critics alike. In addition to that, his disciples choose many times to imitate his baroque, complex style, full of neologisms, causing perplexity in many unprepared audiences. What is the origin of such an enigmatic and polemic style of expression? How it became so widespread under the sign of repetition? And which are the consequences of this style to the communication, transmission and teaching of lacanian psychoanalysis? Through these questions it is our goal to contribute to the dialogue between lacanian psychoanalysis and the academy, to provide a better understanding of the causes of this style, analyzing the consequences it has to the transmission of psychoanalysis. We chose to perform a theoretical study, using authors that have treated Lacan s style and the history of psychoanalysis from a critical point of view, like Beividas (2000), Roustang (1987, 1988) and Gellner (1988), and also those that have defended and justified its legitimacy, like Glynos e Stavrakakis (2001), Fink (1997) and Souza (1985), using as well some works by Freud and Lacan. The study of these texts has led us to three main themes: 1) the difficulty of the lacanian text; 2) Lacan, heir of Freud; 3) consequences of the lacanian style. In the first one, we enumerate many different explanations and interpretations given by commentators about the difficulty and particularity of the lacanian discourse; in the second, we show how Lacan came to occupy the place of great idealization that was before destined to Freud, what made his style something to be taken as a model, to be imitated by disciples; in the third, we explore the way in which the concepts are treated in lacanian psychoanalysis, arguing that their multiple meanings point out that the final goal is not to build a clear and coherent theory, but to try to aim directly at the subject, to catch him