A Constituição Federal de 1988 e a integração regional : o desafio da harmonização tributária

As an effect of the growing interdependence in international relations, regional integration was conceived to face globalization, with a remarkable influence in politics and law, since the first steps of the European experience. In Latin America, regional integration ideas have blossomed in the 60 s. Among its experiences, MERCOSUL is the one with the most advanced objectives. However, MERCOSUL has not managed to achieve the objectives planned nor moved forward the integration process. Differently of what happened in Europe, in MERCOSUL the common market projected is concluded. It faced many disappointments throughout its brief history. As it matters to law, those were caused by the absence of supranationality, a mechanism that would allow MERCOSUL s decisions to be directly binding in the States with no need of bureaucratic proceedings to incorporate them to national legal systems. Among Latin American States, Brazil is probably the most resistant to integration process, due to Federal Constitution 1988 rigidity and legal professionals conservadorism towards opening legal system to international law. In Brazil hermeneutical standards are always based on national sovereignty and international law is referred as less important. The problems become more visible relating to taxation, a subject that plays an enormous role in integration process for its economic impact, demanding the execution of tax harmonization policies compatible to the integration levels aspired. However, because of the large number of tax rules in the Federal Constitution, structural changes initiatives face difficulties in order to be implemented. Actually, after two Constitutional Reforms on taxation, Brazil has not yet succeeded on promoting the necessary adaptations to regional integration. The research has confirmed the hypothesis that supranationality has indispensably to be adopted if Brazil really desires to move forward the integration process. But it has also been demonstrated that there are hermeneutical paths suitable to the constitutional profile which allow the adoption of supranationality, through the revision of the sovereignty traditional concept

Os antagonismos da integração sul-americana na ordem jurídica brasileira

The economic regional integration is a phenomenon observed in numerous occasions inside the global economic reality. Watchful to that phenomenon, the 1988 s Brazilian constitutional order establish in its 4th article, single paragraph, the commitment to seek for the Latin- American integration, as a Fundamental Principle to the Brazilian Federative Republic. Regarding the mentioned constitutional disposition s realization, the Brazilian State celebrated, specially, the 1980 s Montevideo Treaty, creating the Latin-American Integration Association, and the 1991 s Asuncion Treaty, performing the duty to establish a common market, in sub regional level, with Argentina, Paraguay and Uruguay, called Mercado Comum do Sul. However, due to an addiction to a wrong comprehension of State s Sovereignty Principle, the Constitution imposes to the international rules an incorporation process, without providing any privilege to those ones regarding the integration constitutional disposition s realization, whether original or derived. The Brazilian s Supreme Court, as matter of fact, affirmed that it is not possible, facing the actual constitutional order, to grant any character of preference. Also in the controversies solution mechanism, responsible for the law s execution in case of its noncompliance, where found malfunctions, most notably the system s open character and its excessive procedural flexibility, in addiction to restricting the access of individuals. It follows from these findings, then, the lack of legal certainty provided by the Mercosul s legal system, considering its effects both international and within the Brazilian state. Among the possible solutions to reduce or eliminate the problem are using the practice of the so-called executive agreements in the Mercosul s original rules incorporation to the Brazilian state, the creation of a Mercosul s court of law and/or a constitutional reform

Gestão Social em Empreendimentos Econômicos Solidários: uma abordagem no Oeste Potiguar

The central research question was to search for data to ratify the theory and discourse of the so-called practitioners of economic solidarity, by defending the substantive rationality should guide the principles of economic solidary, designing the space economy incidental and not the primacy of relations in determining social as well, reflecting the predominance of dimensions of social management in administrative practices of ESS's. For both analyzed the theoretical dimensions of social management - sociopolitical, economic, organizational and environmental - manifested in organizational practices supportive of economic organization Potiguar West. For the success of the research realized the triangulation involving a combination of quantitative and qualitative methodological approaches. At first the research will use a quantitative approach, from the cluster analysis, to verify the behavior of the sample chosen for this study. In the second stage of the qualitative study was carried out focus group technique (FLICK, 2002) for further analysis of the dimensions of social management on organizational practices supportive of economic organization, related to the principles of Solidary Economy, established in a quantitative approach. In quantitative analysis, the socio-political dimension, it was clear that the more equity instruments of internal and external, from the purposeful living in public spaces, the best monetary results. Another point worth stressing concerns the economic dimension, with the practice reciprocity prevailing in market. Thus, the qualitative approach was possible to understand the processes of exchange of product or service. Rural enterprises surveyed in the allocation of the agro-ecological products have the following scale of priority, sequentially: self-consumption (domestic), market and exchange. The research leads to the fact that training and practices that enhance the socio-political dimension (knowledge, empowerment, sense of belonging) become the guiding principle for the strengthening of the social management in the context of other dimensions, leading to gains sociopolitical, economic, organizational and environmental. Despite the weaknesses found in the organizational dimension and environment, both in a quantitative as in qualitative, we determined that the practices of ESS's Potiguar West incorporate predominantly elements of social management and economic solidarity, with a preponderance of substantive rationality in the primacy of the instrumental. Finally, research has brought information that the participants of the ESS's do not give the money economy primacy in determining social relations, which in turn leads to the confirmation that, in practice the solidarity economy, prevailing the dominance of substantive rationality, as a guide for organizational practices

O Litoral e a metrópole dinâmica imobiliária, turismo e expansão urbana na região metropolitana de Natal-RN

The metropolitan regions of Northeast Brazil are being gradually included in a scenario of international investments, which are motivated by the restructuring of both touristic and real-estate sectors. The new capital, real-estate developers and space configurations that result from this process indicate the need for the creation and implementation of public tools which should, at least, allow the mitigation of the urban impacts and environmental losses resulting from this situation. The effects on landscape and on the socio-spatial configuration result from the intensification caused by the dynamism of the "real estate-tourism" sector. There is a regional integration as an expression of the urban expansion of the metropolitan area of Natal. This study investigates the uniqueness of the restructuring and territorial integration of coastal areas and the strategies of the circuit of capital accumulation formed by linking the real estate to tourism. It is intended to increase the understanding about the strategies of tourism, real estate and public policy agents involved in this territorial reconfiguration and in the fund-raising needed for the investments, to understand the existing social and environmental effects and their future trends and also to understand the forms of spatial production as results from the practices of approaching the land transformation and the tourism valorization of the landscape, in a synchronous manner, first in the Northeast region and, as a focal study, in the Metropolitan Area of Natal. Likewise, it is intended to apprehend the current processes of metropolization of the eastern coast of Rio Grande do Norte, in addition to indicate its physical-territorial transformation and the types of projects/developments promoted by the market in the recent period. Based upon analysis undertaken for the Metropolitan Region of Natal RN, this piece of work presents some considerations on possible legal instruments that can be adjusted to the municipalities which are experiencing the impact of this peculiar and recent phenomenon in the region, caused by the arrival of the real estate-touristic capital. It is also intended to point out basic proposals to the forms of public intervention, in a speculative way, starting from a Metropolitan Planning project within a medium and long term

O circuito espacial de produção e os círculos de cooperação da soja no Maranhão no período técnico-científico informacional

The study in screen it has as objective the understanding of the space circuit of production and the circles of cooperation of the soy that if develop in the Maranhão in the technician-scientific-informational period. Characterized for the material and incorporeal flows if they develop in the Maranhão, from the moment where it had a process of integration of the maranhense territory while peripheral space of the capitalist dynamics, that if gave through the politics of regional integration created by the State, but when it had a process of selective modernization, also partial and conservative of the agriculture, that made possible the significant increase of the production and reproduction of the capital. The study sample that with the advent of the soy, had a concentration of the production techniques, mainly in the agricultural region of Balsas, due to bigger it offers of lands, time of implantation of the culture, technique accumulated in the production, whereas in the agricultural region of Chapadinha, these indices still are without representation. Moreover, the intensification of the agricultural credit, the agrarian politics and tax incentives are elements that have propitiated increase of the production of the soy. The development of the space circuit and circles of cooperation of the soy, a side, create new forces politics in the Maranhão that can result in the creation of a new state, the other, are responsible, for the elimination of part of the subsistence agriculture, producing social problems as, agrarian concentration and unemployment. The study it still evidences the appropriation of the place for a small number of companies that has generated, beyond an intense concentration of income, an alienation of the territory, in view of that this is used for a strange purpose to the place and the yearning of the population does not stop

Gestão Social em Empreendimentos Econômicos Solidários: uma abordagem no Oeste Potiguar

The central research question was to search for data to ratify the theory and discourse of the so-called practitioners of economic solidarity, by defending the substantive rationality should guide the principles of economic solidary, designing the space economy incidental and not the primacy of relations in determining social as well, reflecting the predominance of dimensions of social management in administrative practices of ESS's. For both analyzed the theoretical dimensions of social management - sociopolitical, economic, organizational and environmental - manifested in organizational practices supportive of economic organization Potiguar West. For the success of the research realized the triangulation involving a combination of quantitative and qualitative methodological approaches. At first the research will use a quantitative approach, from the cluster analysis, to verify the behavior of the sample chosen for this study. In the second stage of the qualitative study was carried out focus group technique (FLICK, 2002) for further analysis of the dimensions of social management on organizational practices supportive of economic organization, related to the principles of Solidary Economy, established in a quantitative approach. In quantitative analysis, the socio-political dimension, it was clear that the more equity instruments of internal and external, from the purposeful living in public spaces, the best monetary results. Another point worth stressing concerns the economic dimension, with the practice reciprocity prevailing in market. Thus, the qualitative approach was possible to understand the processes of exchange of product or service. Rural enterprises surveyed in the allocation of the agro-ecological products have the following scale of priority, sequentially: self-consumption (domestic), market and exchange. The research leads to the fact that training and practices that enhance the socio-political dimension (knowledge, empowerment, sense of belonging) become the guiding principle for the strengthening of the social management in the context of other dimensions, leading to gains sociopolitical, economic, organizational and environmental. Despite the weaknesses found in the organizational dimension and environment, both in a quantitative as in qualitative, we determined that the practices of ESS's Potiguar West incorporate predominantly elements of social management and economic solidarity, with a preponderance of substantive rationality in the primacy of the instrumental. Finally, research has brought information that the participants of the ESS's do not give the money economy primacy in determining social relations, which in turn leads to the confirmation that, in practice the solidarity economy, prevailing the dominance of substantive rationality, as a guide for organizational practices

O Litoral e a metrópole dinâmica imobiliária, turismo e expansão urbana na região metropolitana de Natal-RN

The metropolitan regions of Northeast Brazil are being gradually included in a scenario of international investments, which are motivated by the restructuring of both touristic and real-estate sectors. The new capital, real-estate developers and space configurations that result from this process indicate the need for the creation and implementation of public tools which should, at least, allow the mitigation of the urban impacts and environmental losses resulting from this situation. The effects on landscape and on the socio-spatial configuration result from the intensification caused by the dynamism of the "real estate-tourism" sector. There is a regional integration as an expression of the urban expansion of the metropolitan area of Natal. This study investigates the uniqueness of the restructuring and territorial integration of coastal areas and the strategies of the circuit of capital accumulation formed by linking the real estate to tourism. It is intended to increase the understanding about the strategies of tourism, real estate and public policy agents involved in this territorial reconfiguration and in the fund-raising needed for the investments, to understand the existing social and environmental effects and their future trends and also to understand the forms of spatial production as results from the practices of approaching the land transformation and the tourism valorization of the landscape, in a synchronous manner, first in the Northeast region and, as a focal study, in the Metropolitan Area of Natal. Likewise, it is intended to apprehend the current processes of metropolization of the eastern coast of Rio Grande do Norte, in addition to indicate its physical-territorial transformation and the types of projects/developments promoted by the market in the recent period. Based upon analysis undertaken for the Metropolitan Region of Natal RN, this piece of work presents some considerations on possible legal instruments that can be adjusted to the municipalities which are experiencing the impact of this peculiar and recent phenomenon in the region, caused by the arrival of the real estate-touristic capital. It is also intended to point out basic proposals to the forms of public intervention, in a speculative way, starting from a Metropolitan Planning project within a medium and long term

Desenvolvimento nacional, desenvolvimento regional e moeda: notas teóricas à luz da economia política do desenvolvimento

This work analyses the ability of National States and regions have to formulations development strategies. Redeeming the initial development concept as a conflictual process, the hypothesis is that it presents internal and external constraints, as the latter have a higher preponderance, revealed the role played by money. In this case, one can point to as sub-hypothesis that the growth models with external constraint, mainly through the balance of payments, may illustrate the fact that countries are subject to international economic interactions that limit the possibility of bringing acylating strategies well successful in overcoming backwardness. For the specific case of regions, indicates that the external constraint remains an element of embarrassment for regional development, but redeems itself the center-periphery relations in this context to discuss the role of monetary and financial system as an explanation for the disparities regional income. On the domestic front, we highlight the importance of social structures of accumulation as an element of internal cohesion necessary to achieve successful development trajectories. It points also to the importance of the State in the process rescuing some of the main theoretical contributions of the political economy of development, incorporating the concept of globalization on theoretical frameworks presented. This construction where development depends on the actions of external and internal conditions, where money plays a key role as a guideline for reflections on regional development. The attempt was to transplant our considerations on the general development to address the case of regions. Finally, we conclude by greater confidence in the hypothesis and sub-hypotheses of departure, which led to propositions of economic policies

A tematização do espaço público e a economia criativa local: estudo de caso a partir do "maior São João do mundo", em Campina Grande-PB

The thematization of public space in the ―Maior São João do Mundo‖ in Campina Grande - PB stimulates the economy and the local tourism from the transformation of a common public space in a setting that has the traditional June festivals based. To do so, contributes to promotion of existing creative sectors in the city and the design of a new city that is projected from the festivities of São João. In this research we propose to determine the influence of the thematization of public space in the local economy, particularly in creative sectors present in the ―Maior São João do Mundo‖ and assess their importance for the development of local creative economy. We chose the case study, from an ethnographic approach, using different research techniques such as participant observation, semi-structured interviews with open questions and the analysis of social representations of respondents. The methodology used is mixed because it involves qualitative and quantitative data. We could notice at the end of this research, the thematization of public space in the ―Maior São João do Mundo‖ is the main reference factor for the event, stimulating the local economy and changing the city's image in three levels: political, economic and social. Also realize that the thematization of public space is the key binding factor between the creative sectors as well as between them and the related activities. All these sectors serve as a link between the products and services, creating a harmonic whole that transforms the city's image, stimulates the economy, promotes social inclusion, cultural integration and keeps the ―Maior São João do Mundo‖ as a traditional event in the tourist calendar regional and national.

Cooperação e competição entre políticas no Brasil: os cursos da governabilidade no presidencialismo da catalização

Public policies have been studied in the various fields of humanities and social sciences, from different theoretical and technical aspects. However, there is still a lack of studies that incorporate the dimension that encompasses the political action and its interference in such actions, also recognizing the importance of the institutional setting of the Brazilian presidential model in implementing these policies. This fragmented and multiparty system has led to power heterogeneous sets of political parties. Thus, the ministerial offices, more than assisting the President´s government project, manage particularized agendas, which are party biased and have the influence of interest groups in hegemonic themes addressed by government agencies. When these agendas operate in sectoral and specialized policies, the friction level is apparently low. However, when this occurs in intersectoral actions, such as in regional development, there is evidence of strong signs of competition among government agencies, which in theory, should operate in an integrated manner. Although this is not a specific feature of Luiz Inacio Lula da Silva´s government- the period to be studied- there was similar behavior in Fernando Henrique Cardoso´s presidency, one realizes that the expansion of coalition on behalf of governance is increasingly interfering in the outcome of intersectoral public policies, due to these multiple arguments in action. In order to understand these processes, this study focused on the Sustainable and Integrated Development Programme for Differentiated Meso-Regions (PROMESO), part of the National Policy for Regional Development (NPRD). The program provides interface with various government agencies and their public policies in a clear intersectoral design. The research sought to identify and analyze the relationships between government agencies and their programs with interest groups, whether political parties or other segments of civil society, highlighting the logic of favoritism, which poses in second place the integration of actions in the intersectoral policies. Therefore, besides the theoretical debate that incorporates several categories of political science, public administration, public policy, geography and economics, the study focused on secondary sources, using different government agencies databases in order to raise information. It was observed that the interference of partisan politics has been disastrous for some public policies. Thus, the research confirms that cooperative character is fragile within government agencies, often limited to official documents, and that there is indeed, a striking feature of competition, especially when it comes to transversalized policies

Gestão colegiada da cadeia produtiva da cajucultura: o papel do comitê gestor no Rio Grande do Norte à luz do desenvolvimento regional sustentável

The theme of this dissertation is the collegiate management in the cashew cultivation s productive chain by the reading of the Managerial Committee s role in accordance with Sustainable Regional Development. The research had as aim to reveal the way as Managerial Committee s members of cashew cultivation s productive chain interpret the economic, social and environmental dimensions to the sustainability of entrepreneurships, using as interpretative base Sachs (2004) theoretical model. The theoretical reference is based in precepts of Solidarity Economy as a strategy to the Sustainable Regional Development. To reach this aim was done a case study, based in analysis of contents and semi-structured interviews with the solidarities economic entrepreneurships that integrate the Committee and with the group of Entities of Support and Fomentation responsible for formulating and conducting actions in favour of development of the chain. The research permitted to conclude that the economic, mainly, and social dimension, secondly, to super-impose the environmental dimension. The actions in favour of the chain are yet restricted and with low effectiveness when interpreted, in an integrated way, by a side, by the informers of this research and, by another side, in accordance with precepts of sustainable development

Contra as Secas: a engenharia e as origens de um planejamento regional no nordeste brasileiro

Droughts surfaced in 1877 as a crucial problem for the birthing Brazilian nation. Engineers, who formed the country's technical and scientific elite, took it upon themselves to study, understand and fight the problem through planned actions of intervention on space. This work, based on proposals and discussions contained in engineering magazines and reports, aims to provide elements for the comprehension of how these systematized actions against droughts, in the Iate nineteenth and early twentieth century, contributed to spatial analysis and the formation of a (then-inexistent) regional and territorial planning discipline in Brazi!. Engineers, by taking up the position of masterminds in the country's modernization, guaranteed for themselves personal economic stability, social prestige and political power. By understanding nature, either as a resource to be exploited or an adversary to national progress, they contributed to the delimitation of the region now known as the Northeast. By seeking to understand the drought phenomenon, they created knowledge about the space they sought to intervene on; by constructing their projects amid political and economical difficulty, they changed the organizational structures of cities and country in the northeast. The proposals for açudes (Iarge water reservoirs) allowed the fixation of population and the resistance against droughts; the roads - railroads and automotive roadways - connected the sertão to the capitais and the coast, speeding up help to the affected populations during droughts and allowing the circulation of goods so as to strengthen the local economies in normal rimes. The adopted practices and techniques, adapted from foreign experience and developed through trial and improvement, were consolidated as an eminently spatial intervention course, even if a theoretical body of regional or territorial planning wasn't formed in Brazil. Regional Planning proper was first applied in the country in the Northeast itself, in the 1950s, based off an economical view of reality in order to achieve development. The engineer's work prior tothat date, however, cannot be dlsconsldered. It was proved that, despite facing financial and political hurdles, engineers had a profound commitment to the problem and intended to act systematically to transform the economical and social relations in the region, in order to be victorious in their struggle against droughts

Da bancada ao Bureau: análise do desenvolvimento da biotecnologia no Nordeste Brasileiro sob o enfoque de Sistema Regional de Inovação

The starting point of the present work consisted of investigating the development of biotechnology in the Northeast region of Brazil from the perspective of a Regional Innovation System (RIS). The theoretical framework adopted relied on the approaches and concepts presented by the Neo-Schumpeterian perspective. This framework was chosen because, by means of the Innovation System concept, this literature allows us to analyze the relationships and configurations of actors, as well as the role of the state and of social, science and technology, and economic policies in the studied region. The analysis considered four selected dimensions: physical infrastructure, human capital, scientific production, and funding. These variables were chosen because they allow us to verify the possibilities and limitations of developing a biotechnology RIS in the Northeast of Brazil, and these elements would help in answering the question behind this dissertation. The location of the physical infrastructure was determined by means of bibliographic and documental research and interviews with heads of institutions that do biotechnology research. Regarding human capital, the analysis focused on resource training in biotechnology, highlighting graduate courses and research groups in the area. To measure knowledge production, we delimited scientific collaboration among researchers in the field of biotechnology as the focus of this category. For the funding dimension, information was gathered from reports available at the websites of national and state funding agencies. The data was analyzed through method triangulation, involving quantitative and qualitative research stages. To back the analyses, we revisited the integration policies in the area of Science, Technology and Innovation. Our analysis has shown that these policies play a crucial role in the development of biotechnology in the region being studied. The data revealed that the physical infrastructure is concentrated in only three states (Bahia, Ceará, and Pernambuco). In this regard, the Northeast Biotechnology Network (Renorbio) stands out as a strategic actor, enabling states with poor infrastructure to develop research through partnerships with institutions located in another state. We have also verified that the practices involving human resource training and knowledge production are factors that enable the emergence of a regional system for biotechnology in the studied region. As limitations, we have verified the low immersion level of regional actors, the heterogeneity of socioeconomic indicators, the lack of financial resources, and a low innovation culture in the business sector. Overall, we have concluded that the development of a Regional Innovation System in Biotechnology, based on the current regional dynamics, depends on an effective change in the behavior of the social agents involved, both in the national and regional dimensions as well as in the public and private spheres

José Lins do Rego e a modernização da economia açucareira

Analysis of the northeastern sugar economy insertion on the modernization process of these economy based on the José Lins do Rego literary Discourse. In order to do so, there were used the literary works Fogo Morto, Menino de Engenho, Bangüê and Usina as study objects. Throughout the prosecution of a exploratory and documental bibliographic research it was identified that, in the cited literary works, there are three specialties corresponding to the main scenarios of the plots, the Santa Fé and Santa Rosa mills and the Bom Jesus mill factory. We have conceived the mills as main charachters, since all stories deployment corresponds to the other charachters reactions to the many forms that the specialties are, or not, affected by the modernization. Therefore, the narratives in Fogo Morto, Menino de Engenho, Bangüê and Usina reaffirm the viability of the literary discourse application as a source for the construction of the sociological interpretation of the northeastern sugar economy process of modernization in the end of 19th century and beginning of the 20th century

A previdência rural universalista e a sua relevância na economia dos municípios do Rio Grande do Norte

This study deals with the rural social security Universalist established by the Constitution of 1988 and its importance in the economy of the municipalities of Rio Grande do Norte. In this context, the study seeks to satisfy two important criteria that guide the selection of objects of social science research: a consideration of issues that have relevance to the real world and the intention to make the contribution to the scholarly literature on theoretical and empirical aspects. The research seeks to reveal what is the economic importance of the subsystem of social security for rural municipalities in RN. The hypothesis is that the transfer of income received by beneficiaries from the rural social security tax exceeds the explicit mechanisms for most municipalities in RN, in many cases significantly, proving the importance of this policy as a mechanism for combating poverty and reducing social inequality, especially before the fragility of the federal system on the national political entity hall. The study presents theoretical cores - chapters 1-3 - and empirical - Chapter 4. The first core is about the evolution of social protection as a state policy, addressing the influential theories and typologies of the State of Social Welfare and the characteristics of the Brazilian social security model, but mainly, its rural social security subsystem, its history until universalistic model inaugurated by the Federal Constitution of 1988. The second begins with an overview of studies that have emphasized the impact of Social Security on the local economy of small municipalities, then passing data and statistics in order to gauge the socioeconomic importance of pension income in the rural municipalities of Rio Grande do Norte. To this end, the final chapter provides a comparison of the monetary value transferred by the payment of social security benefits - rural and urban - to each of the 167 municipalities in RN with the equally important sources of income in the budget of municipal entities. Apart from their own tax revenues, are objects of comparison with the value of pension benefits awarded in RN, transfer quota state relating to the municipality on the federal ICMS and the transfer on the FPM