O direito à saúde: a medida do dever do estado de fornecer Medicamentos de dispensação excepcional à sociedade sob a ótica do desenvolvimento

It is a fact that the fundamental rights of citizens are being recognized and guaranteed by the state over time, regardless of the belief that if these rights has always been part of the heritage of subjective individuals, or whether they will be aggregated during the course of human history. In that, emerged the rights of freedom of men and, subsequently, the rights to create a situation of equality between the humans, the so-called social rights. In turn, as these rights known as social, to be implemented, need a positive action by the state, more precisely by the state power whose function is to manage public money and create policies for implementation of fundamental rights. Given this, pay attention to the right to health, was created the Programa de Medicamentos de Dispensação Excepcional, which aims to provide high-cost medicines to citizens Brazilian carriers of serious diseases, such as Alzheimer's and Mal Hepatitis C. Also on the program, it provides a way which will be mandatory that the drugs will be offered in such situations, and does not include a means of updating the list predicted able to monitor the progress of medicine that have been in the interest of the program. Given that, at present it is necessary to mention the recognition of another fundamental right: the right to development, which is the right of access to positive actions being implemented by the State, which are nothing more than public policy, gender which the Programa de Medicamentos de Dispensação Excepcional is kind. Thus, through the search in legislation and doctrine in relation to the theme, this work has the aim to examine the extent of the state to provide exceptional dispensing of medicines. Specifically, if the State in attention to the right to development and the implementation of the right to health, can really list exhaustively the drugs to be provided by the State, and what are the elements guiding this choice and how to control the same

O direito social fundamental de acesso à energia elétrica e a atuação estatal

Electrical energy today is an essential element in the life of any human being. Through the access to electrical energy it is possible to enjoy dignified conditions of life, having in mind the possibility of making use of minimal material conditions of life. The lack of access to electricity is directly linked to poverty and degrading conditions of life, in which are some communities in Brazil, especially the more isolated from urban centers. Access to the electric service is a determining factor for the preservation of human dignity, constitutional principle inscribe in the art.1 of the Federal Constitution, and the promotion of development, being a right of everyone and a duty of the State to promote universal access. For that reason, focuses mainly on the analysis of their setting as a fundamental social right and its importance for national development. For this, the theoretical and descriptive method was used, with normative and literary analysis, in particular the Constitution of 1988. This study also discusses the form of action of the State in the energy sector, to give effect to the fundamental social right of access to electricity, the characteristics of public service and the principles that guide it, in addition to the role of public policies in universalization of access, in particular the analysis of the Program Luz para Todos, and the function of regulation in the implementation of these policies and the provision of adequate public services.

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

A interpretação semântica dos auxiliares modais poder, precisar e dever: uma abordagem da semântica cognitiva

Apresentamos, neste trabalho, com base na semântica cognitiva, uma análise do significado, em contexto, dos auxiliares modais poder, precisar e dever. Analisamos 120 textos produzidos por candidatos ao vestibular e por alunos do ensino fundamental, como resposta da questão número três da prova discursiva de Língua Portuguesa do vestibular 2005 da UFRN, que pede aos candidatos para explicitar a diferença de sentido entre três frases, observando o uso desses três verbos. Consideramos que um item lexical não é incorporado a uma representação lingüística semântica fixa, limitada e única, mas antes, é ligado a uma representação lingüística semântica flexível e aberta que provê acesso a muitas concepções e sistemas conceituais dependente de cada contexto determinado. Com base em seu significado, um item lexical evoca um grupo de domínios cognitivos, que por sua vez, apresentam um determinado conteúdo conceitual. Isto implica em afirmar que a rede de significados lexicais vai variar conforme o conhecimento de mundo de cada um (LANGACKER, 2000). A relevância deste trabalho é proporcionar uma contribuição para a descrição semântica do português

A negociação coletiva como instrumento de efetividade do direito fundamental à igualdade

Equality as a principle and as a legal rule, integrates brazilian constitutional order since the Constitution of 1891, constituting the target always be sought, built and promoted by the state and society as a whole. Also e xs urgem for protection of equality and non - discrimination, declarations and international treaties, mostly ratified by Brazil. The international protection of human beings with intrinsic value began in the UN Declaration of 1948, which declared the equality of all men in rights and dignity, followed by more specific international documents, in a growing movement of ratification of international standards protection of human rights occurs after the atrocities during the Second World War. Within the Internation al Labour Organisation (ILO), the theme of equality and non - discrimination in employment relationships integrates one of its main conventions, to No. 111, ratified by Brazil since 1965, which aims to eliminate discrimination in respect of employment and oc cupation. In this context, lies the collective bargaining work, with her normative instruments arising from the collective agreement and the agreement recognized constitutionally and with full ability to create and establish standards and conditions for de tails of suitable work for each occupational category and economic having the unions the power and duty to use them as a means of effecting the postulates of equality and non - discrimination in employment relationships, filling gaps in state law and / or su pplementing it, molding them to existing events in the capital - job. Driven by greater freedom contained in the Constitution of 1988, trading, and with it, the private collective autonomy, in fact, have included the issue of equality and the right to differ ence between clauses created, scheduled to affirmative action and sealing exclusionary conduct, and reported some positive outcomes, such as greater diversity in work and training followed by admission of persons with disabilities environment. These attitu des of union entities and employers should be broadened because corroborate the fulfillment of constitutional requirements for compliance with the international declarations, adapting them to the reality of labor relations and contributing to the construct ion of equality in the pursuit of social justice with the recognition of the right to be different with respect to the inherent dignity of the human condition.

Aplicação da democracia deliberativa como mecanismo de efetivação do direito fundamental a uma administração pública proba

This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study still has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to effect the Fundamental Right to Public Administration proba, efficient and honest. Thus, to achieve this mister, the proposal is to expose the pesamento the classic contractualist, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. After, it will be studied the theories of Fundamental Rights in order to demonstrate the need for the Civil Service should be veiled in a more specific custody rights, given the deep crisis in the Public Administrative practice due, especially, corruption. On the other side, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, which, to join a deliberative governance program needs to be politicized, adopting full participation, dialogue, as duty citizen. Furthermore, taking as most heart, will be presented the doctrine of Jürgen Habermas, whose Discourse Theory element is to be followed for the implementation of a This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of the government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study also has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to actualize the Fundamental Right to a just, efficient and honest Public Administration. Thus, to achieve this necessity, the proposal is to expose the thought of the classic contractualist thinkers, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well as how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. Later on, the theories of Fundamental Rights will be studied in order to demonstrate that the need for the Civil Service should be veiled in a more specific right custody, given the deep crisis in the Public Administrative practice due to, especially, the corruption. On the other hand, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, who, to join a deliberative governance program, needs to be politicized, adopting full participation and dialogue as a citizen responsibility. Furthermore, taking as the major heart, it will be presented the doctrine of Jürgen Habermas whose Discourse Theory element is to be followed for the implementation of a broad deliberative and emancipatory democracy, with effective citizen participation. It will also be considered the Condorcet Constitution Project as a comparative link in the linking of the public deliberative will, and the Central Power, in the face of the Theory of “Sluice” Habermas. The proposal, based on communicative action, must allow a continuous flux and influx process of social interests towards the exercise of administrative power. The dialogical deal, brought to the center of the decisions, will allow discussions in the public scope, and may contribute to the legitimacy of government actions, inasmuch as it creates the feeling of politicization demanded by the man in a democratic state.

Da educação infantil ao ensino fundamental: o que contam as crianças sobre essa travessia na cultura de escola

From inquiries concerning the child as an individual with rights, this work takes as its object of study the perception of 5-7 years old children on their journey from kindergarten to elementary school, in a school culture. The objective of the research is, therefore, to investigate what the children tell in narratives drawn into a conversation circle about their experiences of school life in kindergarten and the first grade of elementary school. The participants were 18 children from a public school in the city of Natal (RN). Five rounds of conversation were held in which the children told a little alien, who was unaware of the school culture, what they knew about school and what they did at it. The research is linked to the project "Children's Narratives. What the children tell about childhood schools?"(Passeggi et all, 2011) and adopts epistemological principles and research methods of (auto)biographical education, taking as a working hypothesis the child's ability to reflect on their experiences and understand from their point of view, what happens to them. Analyses were organized based on the concept of school culture (Barroso, 2012). In the narratives of children, the three dimensions of school culture: the functionalist (purpose and rules), structural (structure and pedagogical organization) and the interactional (relations with others, with the spaces and with knowledge) are considered intertwined in their school perceptions and signal experienced tensions in a process of "conversion" from child to student. Children seem to realize the uniqueness of each level of education. They recognize as a characteristic of early childhood education the recreational activities, and as injunctions of the first year of elementary school the "study", "learning to read and write" to "be smart" to "change." The schooling will thus, constitute, in their eyes, as a time and a place where the children's culture gives way to school culture, and in this journey they experience that the desire to play and the duty/want to study cross the three dimensions of school. At the end of the journey, the status of children as cultural beings with rights is confirmed, whose narratives about school and about their experiences of "conversion" in a student, reveal much about the power of reflection on themselves, the school and the society in which they live, legitimizing their place in educational research and in child care policies.

Biblioteca digital de teses e dissertaçoes: uma referência fundamental

OLIVEIRA, Raimundo Muniz de. Biblioteca digital de teses e dissertaçoes: uma referencia fundamental. In: CINFORM ENCONTRO NACIONAL DE ENSINO E PESQUISA DA INFORMAÇAO,HUMANISMO E DESENVOLVIMENTO CIENTIFICO E TECNOLOGICO,7.,2007,Salvador. Anais...Salvador:UFBA, 2007.Disponivel em:www.cinform.ufba.br>. Acesso em: 27 set. 2007. Acesso em: 27 set. 2010.

O discurso expositivo escrito no ensino fundamental: um enfoque cognitivista e seus desdobramentos didáticos

PASSEGGI,Luis Álvaro Sgadari. O discurso expositivo escrito no ensino fundamental: um enfoque cognitivista e seus desdobramentos didáticos. Revista do GELNE, Fortaleza, v.4, n.1, p. 122-124, 2002.

Política pública e educação digital no ensino fundamental em Natal/RN: análise de eficácia da atuação dos objetivos do Proinfo Municipal

The present work turns on the public politics of digital inclusion and of the impact of the Technologies of the Information and Communication in the formation of the citizenship. For this, it was opted for doing an analysis of effectiveness of the performance of the objectives of the Proinfo (National Program of Computer Science in the Education) municipal district of Natal-RN. As instrument of collection of data, three types of questionnaires were used. The collected data were analyzed and discussed starting from it analyzes it descriptive of averages and analyze of multiple regression. The results of the research pointed that the teachers and the students use the computer science in a restricted way. On the other hand, the digital education is not still totally contemplated in the schools beneficiaries' digital rérumé by Proinfo municipal and thus, the inefficacy of the program was verified with relationship the educational training and the students' digital inclusion

Tributos indiretos na cadeia produtiva do camarão

The state of Rio Grande do Norte counts with a relevant potential in the shrimp farming supply chain. In the larviculture step the state responds for more than half of the national production. In the farming step it is the second largest producer. In the industrial step, its industries have almost 40% of the shrimp processing capacity of the northeast of Brazil. However, this country has the highest tax rate comparing with the main shrimp producer countries. Considering the influence of taxes in the competition among companies, the main goal of this research is to analyze the impact of indirect taxes in the above steps of the supply chain. To achieve it, it will be used the data of the 2011 Census of the Shrimp Farming and it will be applied the Herfindahl-Hirschman Index to identify the market form of those steps. In order to contribute with the characterization of the supply chain, CEO´s of farms and industries will be interviewed. The price-elasticity of the shrimp larvae, the in natura shrimp and the processed shrimp will be analyzed in order to verify the possibility that each one of those three steps has to pass-through the onus of the end of benefit over the ICMS. The data analysis shows that the larviculture step functions as a duopoly and, facing the end of that benefit, it will be able to pass-through most its onus to the farming step. On the other hand, this step functions similar to a perfect competing market, which diminishes its capacity to pass-through that onus to the processing step. This step operates as oligopoly with a lower concentration than the larviculture step but, due to the fact that it faces an oligopsony, it will end up assuming most of that onus, which will cause a decrease in the amount of processed shrimp. It is concluded that the end of that benefit would impact negatively, in this state, the supply chain at all, but mainly the farming and the industrial steps

Espaços especiais em Natal (moradia e meio ambiente): um necessário diálogo entre direitos e espaços na perspectiva de proteção aos direitos fundamentais na cidade contemporânea

Some protected special spaces on behalf of fundamental rights to the environment and the housing at the city of Natal are fragile by facing actions and attempts to suppress and changing (or omission in the implementation) of standards in furtherance of those rights at the local level, which seems to reflect a situation that goes beyond the context of the city. Based on integrated approach of the housing rights and the environment and its protection of special spaces on the field of fundamental rights, the thesis seeks to understand the weaknesses that affect the legal state duty under the realization/implementation of fundamental rights to the environment and housing in cities, focusing on the issues of flexibility of the founding legislation of special spaces to the detriment of the attributes they protected and the lack of implementation of the legal system that allows their effectiveness. So, it looks initially to understand the environment and housing rights and their special protected areas in the brazilian legal system, looking forward the evolution of its legal protection, as well as the weaknesses that emerge in the field of their effectiveness. Analyzing the trajectory of the environment and housing rights and their special protected areas in Natal, considering its standards, attributes, protection indicators, weaknesses and negative evidence within its legal protections and their enforcement by state entity, this thesis proposes to verify the existence of forms to confronting the weaknesses founded in the maintenance of legal protection and its implementation. At this point it discusses the legal basis and safeguard instruments of protection, especially within the juridical field, as part of a (re)discussion about issues of legislative and administrative discretion in the face of objective legal state duty to realization/implementation of fundamental rights in the urban space. With all these issues together the thesis does not ignore the scenario where the dividing line between public and private (economic) are becoming ever more tenuous in the field of state action and where the city stands as a special commodity to the reproduction of real estate, according to the interests of capitalist logic

Práticas sócio-ambientais no espaço escolar: uma reflexão sobre a percepção dos usuários de duas escolas do ensino fundamental em João Pessoa, Paraíba

In the social-historical moment we live in, it is each time more evident the necessity of the people to learn to deal with the environment in conscientious way, taking care of themselves properly through it. In this direction, considering the school as a place where children, young and adolescents spend great part of their time, this work had as objective to examine the perception of school environment for students, professors and employees of two schools in João Pessoa city - Centro Estadual Experimental de Ensino-Aprendizagem Sesquicentenário and Escola Estadual de Ensino Fundamental e Médio Presidente Emílio Garrastazu Médici (Experimental State Center of Learning-teaching Sesquicentenário and Basic and High State School Education Emilio Garrastazu Médici President). From the presupposed that the environments in which and with which people live reflect their daily practices, the field work searched to identify the social-environmental practices that characterize the relation of these users with the school and, from this understanding, to infer some of their concerns regarding the environment as a whole. To analyze the use of the available physical space in the two institutions it was opted the use of the After-Occupation Evaluation, one of the approaches that feed the process of building production or built set, rescuing aspects related to its use, operation and maintenance. Besides analyzing diverse school environments (such as classroom circulations/accesses, library, pedagogical and sportive spaces) in relation to the environmental comfort and the perceptions of the main users of the schools (pupils, professors and employees), the dissertation tried to inquire the care (ambient education) of these users with the school space. In general, it was verified that the two schools have evaluations and perceptions really different for four reasons: (i) management of the schools; (ii) the users perception; (III) localization of schools and (IV) feeling of place, territoriality and appropriation

Um Modelo híbrido para previsão de curvas de produção de petróleo

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

A concepção de professores do ensino fundamental (1ª e 4ª) sobre a saúde do escolar

Com a criação dos Parâmetros Curriculares Nacional (PCNs), a saúde passou a ser um tema transversal que deve ser trabalhado por todos os níveis de ensino em toda a escola, principalmente pelos professores do ensino fundamental, os quais têm uma grande responsabilidade no processo de formação dos valores e de condutas dos escolares. Com o objetivo de investigar a concepção dos professores de ensino fundamental (1ª a 4ª séries) sobre a saúde do escolar, este estudo teve como amostra 45 professoras lotadas em 04 escolas públicas e 04 escolas privadas no município de Natal/RN. Para a coleta dos dados foi utilizado um questionário semi-estruturado, sendo os mesmos analisados por meio da análise temática. A faixa etária com maior prevalência foi a superior a 40 anos, com 58% de professoras. Com relação ao grau de formação acadêmica das docentes investigadas, 47% delas tem o terceiro grau completo e, 40% possuem apenas formação no magistério. No que se refere ao tema transversal saúde, 27% das professoras não realizaram estudos sobre o mesmo e, 40% das docentes não se sentiam preparadas para desenvolver esse conteúdo, apontando como principal fator limitante à falta de conhecimento mais profundo sobre saúde e a falta de material didático adequado. Sobre a importância em se trabalhar a saúde, 29% das respostas referiram-se aos cuidados com a saúde, e 20% em prevenir e conhecer doenças. Pode-se concluir que é necessária uma capacitação específica referente à temática em questão, o que deve ser acompanhada de políticas públicas que incentivem o profissional da educação e ofereça estrutura ao ambiente escolar