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.

A esquina do povo de alt’lam: aprimoramento racial e moral no movimento espírita natalense

A partir de um conjunto de dados obtidos em pesquisa, o texto deseja salientar uma face pouco examinada pelos estudiosos do espiritismo no Brasil: aquela dos grupos espíritas que cultuam extraterrestres. Examina a narrativa Rebelião de Lúcifer, escrita pelo médium potiguar Jan Val Ellam. Sustenta que esta atualiza noções importantes em relação a narrativas de salvação anteriores construídas pelo espiritismo. Destaca em especial o aprimoramento racial e moral através da reencarnação em distintos corpos humanos e em diferentes planetas. Examina-os a partir das noções de exílio planetário e de evolução racializada. Argumenta que Jan Val Ellam as atualiza através da categoria nativa Povo de Alt’Lam e através de bricolagem com outros campos semânticos, notadamente a ufologia e a fi cção científica

Espirito de catimbo: a moral magico-religiosa da jurema

This participative research interested in the social praxis attempts to understand the moral principles that set the magic rituals and the places of worship of three jurema centers of the potiguar region of Canguaretama. Among other inner particularly aspects of each focused catimbó-jurema center, it is being discussed the collective standards involved in the reliance and fellowship values assumed in the private magical gatherings by the juremeiras leaders and their partners, in contrast to the prestige seeking and the individualism that influence both the symbolic competitions and the witchcraft works that link these agents to the broader catimbozeiro universe of this region. Finally, the moral practices which make part of the juremeiro left-right dualism are investigated based on the understanding that the referred native pantheonic-ritual dichotomy does not necessarily express two moralities substantially adversed in terms of benefits or harms, but a series of moral actions subject to the specular logic of the tit-for tat. Thus, this research seeks to prove that this moral structure of symbolic reciprocity, as well as the witchcraft centrality in the catimbozeiro world, finds a certain causal link in a world view which guiding principle is the ontological evil of the catholic cosmology

Simulador de dano à formação, aplicado ao Projeto e à execução da perfuração de poços de petróleo

With the high oil price variability, the petroleum and the reservoir engineers are usually face to face on how they can evaluate the well performance and productivity. They can improve high productivity from the well construction to the secondary recoveries, but they have never tried a measurement in the drilling operations about the lower productivity index. As a rule, frequently the drilling operations hear from the reservoir engineering and geology that, if there is a formation damage, probably some drilling operations practices were not done properly or the good practice in petroleum engineering or mud engineering were not observed. The study in this working search is an attempt of how to measure a formation damage just from the project drilling to the drilling operations, with datum from the fields in Brazilian northeast and putting into practice a Simulator developed from the modeling on the theory offered by different experts and sources in formation damage

A tutela constitucional da exploração de petróleo em águas internacionais em face do princípio do desenvolvimento sustentável: a possibilidade de responsabilização civil do dano futuro

The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atlântico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage

Guerra contra as drogas: uma análise sob a perspectiva do princípio da proporcionalidade

As substâncias entorpecentes acompanham a humanidade desde o início da civilização. No entanto, várias delas foram consideradas proscritas ao longo do tempo. Seu combate foi inaugurado na comunidade internacional a partir do começo do século XX. No início, tinha o condão eminentemente moral, porquanto a proibição encerrava, por princípio, a proteção da ética ameaçada pelo padrão desviado do consumo de estupefacientes. Na década de 1970, a guerra contra as drogas, expressão cunhada nesse período, evoluiu para se tornar o meio pelo qual o consumo seria mitigado. Dez anos mais tarde, ante à impossibilidade de sucumbir o narcotráfico, passou a ser um fim em si mesma o novo argumento para os esforços militares dos Estados Unidos da América. A criminalização das substâncias entorpecentes consideradas ilícitas é fundamento jurídico da guerra contra as drogas. Esse modelo proibicionista encontra argumento no direito penal do inimigo, segundo o qual o Estado pode, em situações que exponham a coletividade a grave perigo, negar à determinada categoria de criminosos (os inimigos) as garantias inerentes ao direito penal, cabendo-lhes apenas a coação estatal. Mesmo tendo consumido trilhões de dólares, encarcerado aos milhões e custado a vida de milhares de pessoas, pode-se dizer que a guerra contra as drogas não reduziu a oferta e o consumo de substâncias entorpecentes consideradas ilícitas, nem mitigou os danos delas decorrentes pelo contrário, tornou-se um problema de segurança pública. Assim, impõe-se a verificação da constitucionalidade da norma penal que fundamenta a guerra contra as drogas, sob ponderação do princípio da proporcionalidade. Referido postulado cobra que a norma seja adequada, cumprindo a finalidade pretendida, necessária, não havendo meio menos gravoso à obtenção do mesmo fim, e proporcional, estrito senso, que a sanção imposta ao indivíduo seja equivalente ao dano que se quis prevenir. Em matéria penal há de se incluir um outro elemento, a ponderar se as consequências da proibição em matéria penal, por si só, são mais graves que os consectários dos fatos que se pretendem proibir - exige-se que a lei seja socialmente menos ofensiva. A norma penal que fundamenta a guerra contra as drogas não se mostrou hábil a mitigar os danos sociais delas decorrentes sendo, por isso, inadequada. Existem meios alternativos à criminalização mais eficientes à esse objetivo, pelo que se faz desnecessária. Na medida em que estupefacientes mais nocivos à coletividade são considerados lícitos, a criminalização de drogas menos danosas se mostra desproporcional. E, uma vez que dela resultam graves danos à sociedade, não atende ao critério da menor ofensividade social. É, portanto, inconstitucional

Formação moral das crianças: construção de regras fundamentais aos valores do Movimento dos Trabalhadores Rurais Sem Terra (MST)

The acquiring process of morals on a person is one of the most important aspects of his Social Identity. The basis for his ethics and moral choices are built when he interacts with the world. A child that interacts with participants of Movimento Sem Terra (MST) movement that fights for the Land Reform and the transformation of the society may have the opportunities to acquire the culture, morals and ethics of this movement. Based on this understanding, this work intends to comprehend how children think and incorporate the rules that are the base of the values and principles of MST, considering the diversity of the situations, the limits and the possibilities to experience these values in their everyday life in the Movement. To understand how the process of cognitive construction of the rules takes place in a child, it is important to consider the theories of Jean Piaget. According to him, morals development follows a sequence: the anomie (0 to 2 years old), marked by the absence of rules; the heteronomy (2 to 6/7 years old), where takes place the adoption of rules due to exterior obedience, such as a relative, an institution or a movement; and the autonomy (from 6/7 years old on), in which rules are considered legitimate. All the children in this research have relatives working at MST. The research has two parts. We have first observed the behavior of three groups of children (beyond six years old) while they were involved on their normal activities (kindergarten) activities. On the second moment, we have interviewed 20 children (between 3 and 10 years old). We used flashcards containing scenes; we also told stories and asked moral questions involving the character s behavior. We have noticed the unilateral respect and extern coercion are between the definers of the moral decisions of a child. The empathy and the reduction of the egocentrism help seeing the situation of the point of view of other, although it doesn t mean that one is going to accept others point of view. In the taking decision of the child other factors are also considered such as the space of socialization (family, school). Though the children don t work or take part at MST activities, they have already opinions about involved people behaviors. The interaction with relatives and teachers is one of the most important aspects to encourage them elaborate moral understandings according to the ethics of this movement

A influência da estimulação transcrâniana por corrente contínua nos parâmetros de dano muscular induzido pelo exercício

A estimulação transcraniana por corrente contínua (ETCC) é uma técnica não invasiva que apresenta características anti-fadigante e analgésica. Com o objetivo de testar seus efeitos sobre a diminuição da força e do aparecimento da dor muscular de início tardio (DMIT), apresentados após um evento de dano muscular induzido pelo exercício (DMIE), foi utilizado um estudo clínico de caráter experimental, controlado, randomizado e duplo-cego. A amostra foi composta por 24 jovens do sexo masculino, aparentemente saudáveis (19,7±1,8 anos; 23,6±3,65 IMC), os quais foram alocada, de forma aleatória e estratificada, nos seguintes grupos: G1: grupo controle; G2: grupo de estimulação após o dano e G3: grupo com estimulação antes e após o dano muscular. Os dados foram submetidos à estatística descritiva e análise de variância ANOVA, adotando-se um nível de significância de 5%. O aumento nos níveis séricos de CK (56.18%) e LDH (24,15%) comprovou a ocorrência do DMIE. Em contrapartida, após a análise de variância para comparação dos tratamentos aplicados, pode-se observar que não houve diferenças significativas nos níveis de CK (p= 0,3514) e força muscular (p= 0,9702). A DMIT transcorreu como esperado, mas sem diferença significativa entre os grupos (p= 0,4861). Estes dados demonstraram que a ETCC não foi capaz de modular a DMIT e a diminuição da força muscular após o DMIE em jovens aparentemente saudáveis

Redução de danos e o saber-fazer de profissionais de um CAPS ad em Natal-RN

The present study had as a main objective to analyze how the professionals at a CAPS ad unit in Natal-RN conceive the knowledge-practice process with regard to the Harm Reduction Policy (HRP) towards alcohol and other drugs. For the accomplishment of this proposal, it was intended: 1) Verifying the possibilities and limits of the HRP implementation at a CAPS ad unit in Natal-RN; 2) Relating the professionals knowledge at a CAPS ad unit in Natal in regard to the Harm Reduction Policy; 3) Enumerating the HRP programmatic actions at the institution. The research had exploratory, descriptive and qualitative approach aspects, guided by the concepts of biopower and self care proposed by Michel Foucault. Data collection occurred in June and July 2011, in which the focal group technique was used. After that, collect field material was analyzed through the content analysis method proposed by Minayo. The results showed some conceptual and practical approach between the harm reduction strategy and the knowledge-practice of the professionals at this CAPS ad unit. The discursive models about drug usage, especially the moral-legal model, still have a significant role in the daily lives of these professionals, being amplified by some demands of their jobs or even through the instituted discourse. The individuals recognize the need for less prohibited practices and more socializing ones, identifying them with the Harm Reduction (HR) logic, when there is a coherent and well-founded understanding about HR among the professionals. Distorted and reductionist views about HR as considering the simple instrumental function of this strategy (distribution of basic supplies) among the professionals, represent one of the main barriers for its implementation. There are few programmatic activities that are related to the RD strategy at this CAPS ad unit which makes a more effective appropriation by the working team difficult to reach. The working processes and the postures adopted by this CAP ad unit professionals have been showing that many of their practices and conceptions were modified to the detriment of new necessities emerged from the demands. Consequently, the self care notion is revealed which brings the need for the valorization of these care agents roles, that is, their collective and individual contribution.

A inferência causal na filosofia moral de Hume.

Starting from the idea that the result of the Humean analysis of causal inferences must be applied coherently to the remaining part of his work, including its moral theory, the present master thesis aims at investigating whether Hume´s moral philosophy is essentially based on feeling, or whether this would not be rather essentially a consequence of our causal inferences in human actions and deliberations. The main idea consists in showing that our moral inferences, to the extent that they are for Hume empirical , depend on our belief in a connexion between something which has been previously observed and something which is not being observed ( but that it is expected to occur or to be observed in the future). Thus, this very belief must base our moral inferences concerning the actions and deliberations of the individuals. Therefore, must e o ipso induce us to associate actions and behaviors, as well as character and moral claims of men to certain moral feelings. Accordingly, the thesis is unfolded in three chapters. In the first chapter Hume´s theory of the perception is reported as essential part of the explanation or the principles that bind ideas in our mind and constitute our inferences. In the second chapter, the Humean analysis of causal inferences is presented and the way they contribute in the formation of our moral inferences is explained. In the third and last chapter, the formation of our moral inferences and the real contribution of the doctrine of freedom and necessity for the examination or our actions are analysed and discussed.

Uma (re)leitura teleológica da filosofia moral em Kant : por uma necessidade de inclusão do homem na natureza

Made from the bases of metaphysics, this dissertation is related do Kant‟s moral philosophy. But the itinerary to reach the main speculation used to develop this current understanding of Kant‟s thoughts, it is nothing but an attempt to make the formal rigor more flexible, which has always been associated to Kantian ethics‟ perspectives. From the awareness of what this formalism could be, while a moral arrangement, it is how we will be able to come upon a teleological Kant. That is the fundamental element to comprehend some of the significant aspects in that ethical system, which necessarily comes through the effort to demonstrate the proximity between reason and sensibility, as well as nature and liberty. In this environment, the journey to achieve the autonomy, as the bedrock of liberty and morality, evokes the support of education in Kantian patterns, which enables a course of improvement of the human being, as an individual e, more significantly, as specie. This evolution progress, which tents to reveal the destiny of the humanity, is evolved in the relationship between necessity and finality, as a condition to make the structure of a project to humanity possible. We should mention that it is a rational, an educational and a moral project to be developed in the course of history. As a consequence, the amount of all these elements permits the development of the man‟s natural disposition as a creature that looks for self knowledge , becoming, afterward, dignified to be qualified as a human being. Finally, this study intent to figure out the necessity of the human being inclusion to nature, which happens throughout the acquirement of the individuals‟ conscience

A moral kantiana entre deontologia e teleologia

This dissertation examines the Kantian moral in a teleological perspective. It consists of a reconstruction of philosophy practice that departs from the investigation of the categorical imperative, the concepts of duty, will, good will, as well as an approach on the ways of investigation of nature, which will enable the foundation to engage in the teleological argument, investigating the organized human beings, the harmonious system, its relationship with the ultimate and most important purpose, always flexing the analysis of these concepts the idea of purpose. Subsequently we will establish an argument about the end terminal and the implication of this concept to think about the real idea of the system in Kant and his relationship or support for moral theory. In essence this paper approaches the moral point of view of ethics, outlining the insufficiency of this field for the foundation of architectural moral, which will enable the final touch or the indispensability or the teleological argument as fundamental to the Kantian moral Theory

Reflexões filosóficas em torno da constituição do sujeito religioso-moral no pensamento de Freud

The present research deals with a philosophical reflection about the constitution of the subject religious and moral in the thought of Freud, starting from of question of religion while one of the various spaces concretion of the individual morality. Our hypothesis is that religion presents itself as a space of revival of the primary relationship with the mother of the subject and as a moral agency. That primary relationship corresponds to the period before the Oedipus complex. The cut caused in the Oedipus complex sake in the an emptiness the subject, leading him to a situation of helplessness. In trying to fill the emptiness and consequently out of the situation of displeasure occasioned by the helplessness, the individual seeks diverses means, between which, the religion. The religion, that sense, quest for one part, that support be filling of the existential emptiness, triggered in the Oedipus complex, and on the other, works as a staunch ally of the Superego, which for turn is direct heir of the Oedipus complex and whose function is to require of the subject to moral living, as is established by the social body, where the individual is inserted. Therefore, we seek to draw this subject starting from general ideas of the philosophy, about the moral, as well as some theoretical elements of freudian thought, since his idea of the origin of the culture, morality and religion the more specific elements that pertain to the individual subject, ie, the psychism

Fundamentos da filosofia moral de Peter Singer

This research aims to reconstruct and explain the argument proposed by Peter Singer to justify the principle of equal consideration of interests (PECI). The PECI is the basic normative principle according to people should consider the interests of all sentient beings affected when somebody taking a moral decision. It is the join that Singer proposes between universalizability and the principle of equal consideration of interests that constitutes a compelling reason to justify it. The universalizability requires to disregard the numerical differences, putting yourself in other people s shoes, and to consider preferences, interests, desires and ideals of those affected. Singer joins universalizability to normative principle and molds the form and content of his theory. The first chapter introduces the discussion will be developed in this essay. The second chapter deals the historical and philosophical viewpoint from which Singer starts his studies. The third chapter is about the Singer s critiques of naturalism, intuitionism, relativism, simple subjectivism and emotivism. The fourth chapter exposes the design of universal prescriptivism proposed by R. M. Hare. The universal prescriptivism indicates, in the Singer s viewpoint, a consistent way to create the join between the universalizability and PECI. It highlights also the criticism designed by J. L. Mackie and Singer himself to universal prescriptivism. The second part of this chapter shows briefly some of the main points of the classical conception of utilitarianism and its possible relationship with the theory of Singer. The fifth chapter introduces the Singer s thesis about the origin of ethics and the universalizability as a feature necessary to the point of view of ethic, and the way which this argument is developed to form the PECI. The sixth chapter exposes the main distinctions that characterize the PECI. Finally the seventh chapter provides a discussion about the reasons highlighted by Singer for one who wants orient his life according to the standpoint of ethics. This structure allows explaining the main ideas of the author concerning the theoretical foundations of his moral philosophy

Efeito da crioterapia e da laserterapia na resposta ao dano muscular induzido pelo exercício excêntrico: ensaio clínico e randomizado

Exercise-induced muscle damage mainly affects individuals who returned to physical activity after a time without practicing it or had some kind of exhaustive exercise, particularly eccentric exercise. To evaluate the effect of cryotherapy and laser therapy in response to muscle damage induced by eccentric exercise on the biceps muscle. This was a randomized clinical trial consisting of 60 female subjects. All subjects initially underwent an evaluation consisting of perimetry, measurement of pain sensation (via algometry and visual analogue scale), electromyography and dynamometry. Then the subjects performed an exercise protocol on the isokinetic dynamometer consisting of 2 sets of 10 eccentric elbow flexors contraction at 60 °/s. Completed this protocol, an intervention was held according to a previously random group distribution: control group (no intervention), cryotherapy group and laser therapy group. Finally, subjects were re-evaluated immediately and 48 hours after the intervention protocol, except for Visual Analogue Scale (VAS), which was also evaluated 24 hours after exercise. The circumference of the limb, the pain sensation (VAS and algometry), the muscle activation amplitude (via Root Mean Square - RMS), median frequency, peak torque normalized per body weight, average peak torque, power and work were analyzed. The median frequency immediately after the intervention protocol on the cryotherapy group was the only variable that showed inter and intra-group differences; the remaining variables showed only intragroup differences. The perimetry values did not change immediately after the protocol on the groups which underwent cryotherapy and laser therapy, however, there was an increase after 48 hours; algometry values decreased in all groups for 48 hours and the VAS values increased 24 and 48 hours also for all groups. Regarding RMS no significant change was observed. For dynamometry, peak torque normalized per body weight and average peak torque had a similar behavior, with a reduction in the post protocol that has remained after 48 hours. For the power and work, a decrease was observed immediately after the protocol with a further reduction after 48 hours. Cryotherapy and laser therapy does not alter the muscle damage response, except for the perimetry values immediately after exercise.