A construction como método concretizador de direitos fundamentais: aplicação na jurisdição constitucional brasileira

The way of organization of the constitutional jurisdiction implies the possibility to extend the democratization of the same one in function of the popular participation in the active legitimacy to constitutional process (procedimentalist model) e, at the same time, to assure technical viable decisions fast and to the complex problems of the constitucional law (substancialist model). The comparison with the constitutional jurisdiction of U.S.A. becomes interesting from the knowledge of the wide power to decide experience of Supreme the Court that for a methodology of construction of rights and not simply of interpretation of the Constitution, brought up to date and reconstructed throughout its historical evolution the direction of the norms of basic rights and the North American principles constitutional. Construction while constitutional hermeneutic method of substancialist matrix works with techniques as the measurement of principles, the protection of interests of minorities and the entailing of the basic rights with values politicians, what it can be brought to evidence of the Brazilian constitutional jurisdiction in order to improve the construction of basic rights that comes being carried through for the judicial ativism in control of the diffuse and abstract constitutionality. To define the limits of construction is to search, on the other hand, a dialogue with the procedimentalists thesis, aiming at the widening of the participation of the citizen in the construction of the basic rights for the constitutional process and to argue forms of the society to evaluate the pronounced decisions activist in the controls diffuse and abstract of constitutionality

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.

Gestão democrática nas escolas: a atuação dos diretores escolares e os desafios para sua consolidação na rede municipal de Natal/RN

The democratic management is a challenge for education, on the one hand for its actualization needs a link between the government and the educational institution. From that, research aims to understand the main challenges faced by the school administration to consolidate the management of public schools in Natal/RN. Against this context the methodology used was multiple cases, qualitative approach in which respondent were manager (director, deputy director and coordinator) of the four municipal schools and two representatives of the Democratic Management Commission of a Government departament of Education, Natal/RN. The analysis was made by peers, between schools that had grade superior IDEB that average stipulated by the federal government and two that had grade lower and between managers and representatives of the Secretary. Were used techniques of categorization and content analysis of the speeches of respondents. Was note that managers understand the importance of the participation about whole community in the democratic management, however only one school highlighted means of attracting the parents against to the difficulty of representing these. The lack of knowledge about the democratic management is evident mainly in the pair of schools with lower IDEB. That schools with a lower IDEB adhere to this management as a way to meet rules. So unanimous, the broad role of director hampers knowledge about the legislation. About relationship of the Government department with managers, there are some contradictions between the understanding of the role of the coordinator by managers and representatives of the Government department. It was perceptible the no uniformity about a good relationship between managers and Government department. It was notable features of democratic management in all school units, well as the efforts of the Government department in this scope. However there are also undemocratic features that deserve further study

Plano de Desenvolvimento da Escola (PDE): o processo de implantação de uma nova proposta de descentralização em duas escolas da rede municipal de ensino de Natal de 1999 a 2002

The 1988 Constitution was the legal marc to define changes in Brazilian State with major importance to the layout of public politician. In that moment of redefinitions e openness to new ways the redemocratization, participation and decentralization of public school had as their starter the elementary school. This work focus on the manage of FUNDESCOLA, particularly one of its politics called PDE (Educational Development Plan) wich purpose is guarantee a better quality in teaching and spread out democracy throughout its methodology. It was chosen two public schools: Professor Ulisses de Góis and Antonio Campos. The theoretical and methodological orientation is based on the theory of participative democracy developed by authors such as Putnam and Pateman. They says that a cultural background precedes individual participation in society. The collected data (educational legislation, surveys with all sectors of schools and technicians of Natal educational secretary, and relevant documents of de institutions) showed that PDE. Implementation had opposite runnings in the schools studied. In one, as a consequence of bad preparations of its teachers to absorve its methodology, PDE failed. In another way, PDE achieved its goals, especially helping the structure of action plans of the school and the administrative organization making possible several pedagogic activities planned. The work concludes that the main factor the failure or success of PDE relies on the organizational (both political and pedagogical) structure of each school. This discovery implies three important guidelines when comes to formulation of public politicians: a) Constitution of school; b) the local actors who manages the actions; c) the colletive interest in taking part of decisions

A teoria democrática e a participação popular : as trajetórias participativas no Recife e em Módena

This work basically achieve three goals. Critically investigate the liberal democratic regime and its historical reformulation, rejecting the popular power and popular self-organization, limiting the entry of normal citizen in decision-making, believing in the market as a mediating body in regulating of the different life spheres of social. Starting from the critical liberal democracy, it discussed the concept of popular participation in the democracy, searching new democratically horizons, where the masses could have the opportunity to make decisions about their own destiny. On the basis of theoretical discussion on participation, we discuss a concrete instrument of participation, the Participatory Budgeting, comparing two participatory experiences in North and South

Participação administrativa processual na administração pública dialógica

The dissertation, which is based on the deductive method, by using general concepts of the theory of the administrative participation in the administrative process, addresses the importance of strengthening administrative and procedural activities of citizen involvement in public administration for the administrative consolidation of democracy in Brazil. The emergence of Administrative Law has particular importance for the understanding of its institutions and, of course, for the different fields of public administration. The authoritarian profile of this area of law still exists as a clear recollection of their origin, mainly based on a relationship of superiority of the state over the individuals. Indeed, does not even modern constitutionalism could print a true democracy administrative, since the constitutions were not properly observed by the Government. Furthermore, only the process of constitutionalization of administrative law legal relations took a more democratic profile. That is, the creation of an environment of dialogue with civil society is a recent achievement of the Brazilian government. As the administrative process involves dilemmas and solutions of state action, because it is revealed the expression government, the strengthening of institutions and principles related to the administrative procedure is important for role in making a more participatory relationship between state and citizen. Thus, administrative participation can be considered not only a mechanism of control and legitimacy of state action, but also for improvement and reduction of administrative costs, as a requirement of the principle of efficiency. The objective of this investigation is to assert as the administrative legal relation, the administrative legality, the administrative jurisdiction, the processuality administrative, the consensuality administrative and administrative justice, together with administrative participation, can contribute to a more democratic role of the Public Administration and, therefore, more dialogic and consolidator of the fundamental rights of citizens. Therefore, we highlight the importance of the administrative process and administrative participation as mechanisms for improving public policy and thus as a means of reducing administrative costs mediate the state

Democracia brasileira: fortalecimento da participação popular

A democracia tem representado ao longo da História o mais perfeito mecanismo político de convivência social, encontrando na soberania popular seu fundamento e legitimidade. De berço grego, instituiu-se sob princípios que radicavam o poder político no povo, exercido diretamente na ágora ateniense. O iluminismo dos séculos XVII e XVIII reacendeu o ideal democrático, encontrando no positivismo sua base teórica. O poder passou a ser exercido por via de representantes eleitos periodicamente. O locus da atividade política era o parlamento, ambiente fechado e refratário à participação popular, cingida, à época, ao voto do cidadão nos períodos eleitorais. O distanciamento entre governantes e governados gerou déficit de legitimidade no modelo liberal clássico, levando o constitucionalismo do século XX a abandonar o rigor formal positivista, para adotar uma nova hermenêutica, de base axiológica e centrada na participação direta do povo nas instâncias do poder. A Constituição Federal de 1988 compendiou a democracia participativa em seu texto, declarando no parágrafo único, de seu artigo 1º, que todo o poder emana do povo. Consagrou como base da soberania popular o sufrágio universal, o voto direto, secreto e de igual valor, além do plebiscito, do referendo e da iniciativa popular de leis. Garantiu ainda a ação popular como ferramenta de cidadania. A participação popular foi restringida com o advento da Lei nº 9.907/98, que impôs bloqueios processuais para seu exercício, gerando déficit de legitimidade no sistema representativo brasileiro. O propósito desse trabalho é demonstrar a necessidade de se estabelecer um novo espaço público na ordem constitucional do Brasil, de textura aberta e dialógica e de perspectiva emancipatória, que customize a participação do povo nas instâncias do poder, a partir da desburocratização dos instrumentos de soberania popular já existentes e da adoção de outros institutos democráticos semidireto, notadamente a iniciativa popular de emenda à Constituição, a revogação de mandato eletivo e o veto popular

Participação de mulheres na história da Escola Mista no Pará - 1870/1901

This study aims to problematize the history of mixed schools in Pará, from 1870 to 1901, highlighting women participation that helped to build them. The analytical focus of the research fell on the changes and the continuities of the mixed school in Pará. The object of analysis is the Paraense mixed schools, formed by women. The study also brings out arguments that the mixed school was set up in variable forms, concepts, times and spaces, in an overlapping with the inclusion of women in educational universe, either through education, professionalization or teaching in schools of girls and boys. The documentary sources privileged by the study are: the educational law, the newspapers, the government reports and the journals of education, which were examined in a confrontation between what was said and done. The evidential method helped the documentary reading revealed that, in small lines, the linkages built in the search for clues and signs of Paraense mixed schools was assembled with the participation of women, from the perception that historical knowledge is indirect, conjectural. Evidences indicated that the school for both sexes, legally established in the Province of Grão-Pará in 1870, gave the signals of the junction of girls and boys in school, at a time when the presence of women in education was suggested. Mutations related to the educational organization, with the introduction of mixed school in the following decade had a closer relationship with restrictive settings and more effective integration of women in that school. The inaccuracies of the Republican mixed school have revealed, through winding paths, that signal of contradictions between the modern discourse and conservative practices regarding this school, in communion with the expansion of the mixed school throughout the state, including in groups schools, observing the presence of effective women teachers in the regency of such schools and an expansion of students in relation to the equity between the sexes

Compreendendo a educação para a inclusão digital: uma análise dos sentidos atribuidos pelos monitores das escolas de inclusão digital e cidadania da EMATER-RN

According to the methodological presuppositions of the understanding interview (KAUFMAAN, 1996), the present work aims to understand the Digital Inclusion starting from the oral speeches of eight monitors of Digital Inclusion and Citizenship Schools of the Technical Assistance and Rural Extension Company EMATER, located in municipal districts that belong to six regions of the state of Rio Grande do Norte. It also had the intention to analyze it (the Digital Inclusion), while educational process and its relation with the citizenship. In its first part, an analysis of the discussions about digital inclusion was developed, and a reflection about the new technologies in current times, followed by a contextualization of the rural space and the methodological course of the study, when its guiding axis and the travelled roads were presented, where the object of study is built slowly and progressively through a theoretical elaboration that increases day by day, as of the technologies forged in the field of research and formation of the subject. The second part presents the study of the collected information, that is organized in three chapters denominated as follows: Conceptions of the local context; What does digital inclusion mean? and The monitor as an educator. The reports do evidence a peculiar dissatisfaction with the social reality where they are found, that contradicts the positive reflections and perspectives of the studied authors, once that, within the actual conjuncture, the rural space has acquired another meaning, no longer being seen as a far late place. By trying to define the digital inclusion, the monitors make an association with change, the access to knowledge, active participation in society and improvement of the life conditions. Here a mission sense stands out, related to the ideological precept, which has been managing its activities. Towards the monitor‟s relation within the classroom, the senses evidence how they are and how they have been developing their daily activities. Tensions, fears and insecurities are identified, but at the same time, a compromise. The final considerations implicate to the need of reorientations in the formative process of this professionals, detaching the importance of their activities while agents of inclusion and social transformation

Gestão democrática da educação: a eleição direta para dirigentes de escolas públicas de educação básica do Rio Grande do Norte (2003-2006)

Este trabajo es el resultado de un análisis de la política de gestión de la educación básica en el estado de Rio Grande do Norte (RN) y tuvo como objetivo presentar un estudio sobre la construcción e implementación del proceso de elección directa para elegir a los dirigentes de escuelas públicas de educación básica en las escuelas públicas durante el período 2003 a 2006. Partió de la suposición de que las elecciones para la escoja de los líderes escolares mediante el voto directo de la comunidad se presenta como un importante instrumento a través del cual se debe garantizar el derecho de participación a los diferentes segmentos de la escuela contribuyendo con el proceso de consolidación del proceso democratización de la gestión de escuela pública en ese Estado. Optamos por realizar una búsqueda dentro de un enfoque histórico-crítico, basado, teórico-metodológicamente, en el materialismo dialéctico. A partir de los objetivos y de los temas que guiaron el proceso de investigación, se consideró adecuado adoptar procedimientos de estudio y de recogida de informaciones y análisis bibliográfico y documental y, la realización de entrevistas semi-estructuradas. Los resultados muestran que la construcción del Documento de la Gestión Democrática definiendo la elección directa como una opción de los administradores de la escuela bien como su implantación ante las escuelas del estado sucedió basado en los principios democráticos. Además, los líderes elegidos directamente de las escuelas, la creación del Consejo Escolar (CE) y la institución de la Asamblea General de la Escuela demuestran la adopción de un modelo de gestión de la educación pública del estado que contribuye con el proceso de democratización de la gestión escolar. Por último, es evidente la necesidad de cualificación en el proceso democrático y la participación de varios sujetos involucrados en el proceso de gestión también incluidos los miembros del Consejo Escolar

Os conselhos como mecanismos de democratização da política educacional :participação e poder de decisão nas ações do Conselho de Controle Social do FUNDEF no município de Parnamirim/RN

This study board the FUNDEF social control council implementation in Parnamirim/RN city, concerning their representatives participation in the accompaniment (decision power) in resort, in front of governmental politics of decentralization, unleashed in 90´s, seen in decentralization process needs the society participation in decisions of educative institutions and represent an efficient way of solve the problems difficult the educational management actions. For this, the council creation of Brazil manager configure, since the 80´s, detaching, and the single characterizing, in actual context. The objective is raise pertinent questions of thematic of representatives members participation of collegiate organs, evidencing the decision power of these, in public resource control. The theory-methodological referential the literature treat the participation and power decision of FUNDEF social control decision, such as politics directrix that rules this council. It utilizes as proceeding of collecting data the semi-structured interview and analyze of meeting register to understand the empirics of council implantation in this city, in view of that the electoral process configured in 2003, showed as a innovation, because the counselor is indicated by the local public power representatives (in this case the education municipal secretary). The research result show the representatives have difficult, to accompany the FUNDEF resources amount, particularly in concern in the financial resources (ratio) over plus. Finally, emphasize the importance of democratization in the relations between the state and civil society, elucidating and exciting reflections a: democratic participation in control of public recourses for education, educational management and civil society mobilization in access of public and cultural cash which the citizen has rights

Fatores influenciadores da participação pública na tomada de decisão ambiental :o caso do programa de combate ao caramujo gigante (Achatina fulica) em Parnamirim/RN

The aim of this work is to investigate the factors which influence people s participation in the enviromental decision, in Parnamirim, Rio Grande do Norte, from the vision of the residents of that area, approaching the Plan of Control/Eradication of the African s Huge Snail (Achatina Fulica),with the jointly work of IBAMA and Municipal Town Hall of Parnamirim .The applied methodology consists of a research (Survey kind) including 395 interviews by people who live in that county, with minimum age of 18, within an universe of 124.690 residents. The choice of the county was due to a detection (made by IBAMA technicians and reported in a Technical Report) -which showed that the dangerous Snail is already spreading in 14 of 17 districts of the county-, as well as the support given by Parnamirim s Town Hall, with the implementation of the Plan Control/Eradication of the African s Huge Snail, widely known as Day C . The research tools used in that research consists of questionnaires with all sorts of questions. The results show us that most of the residents were feeling threatened by the presence of the animal as well as having had a little participation in the fight against the animal. It also shows us that residents believe that organizations (Town Hall, IBAMA and Local Community) involved are able to solve the problem and believe that the amounts which organization are supposed to take 89,4 %, 87,6% and 80,8%, in that order. As we check the results, we notice in 95%, the variety of threaten and frequency reunion and participation level

Desenvolvimento e implantação de um sistema de gestão de pedidos de informação endereçados à Universidade Federal do Rio Grande do Norte a partir do serviço de informações ao cidadão (E-SIC)

Among the numerous policy changes that the world has experienced in recent years, occupies a prominent place in the quest for greater transparency of public agencies. Transparency has been an important tool in the accountability of the State to promote greater participation of the society by providing information that was previously restricted knowledge of public agencies. Brazil, following this trend, promulgated in May 2012 the Access to Information Act that seeks to disclose the actions of the State at all levels, in all public administration agencies. On the same day of the enactment of the law is provided society with a site that is empowering citizens to make their requests for information to government agencies. The Federal University of Rio Grande do Norte, which at that time had no a tool to assist them in managing this demand. This project has the objective to describe, build and implement a solution to solve this problem using Design Science Research as methodology. As result, the solution built in this research became a new module of the institution s ERP became it capable to control the entire process, and will be helpful to others partners which use our system ERP

Gestão escolar democrática, participação e autonomia: realidade ou utopia?

This paper analyzed the relation between participation and school autonomy, observing Director actions and School Council actions and if school has pedagogic, administrative and financial autonomy. This is a descriptive search, with quantitative approach, realized in 47 state schools in Rio Grande do Norte, and composed by 292 participants, divided in 3 groups (Direction, Coordination and School Council). The instrument to catch data was a questionnaire and the data treatment realized by way descriptive statistic and inferences using X 2 test. The results show that school administration is composed in great part by women with specialization grade. All schools have School Council and Financial Council, but have not Parents and Masters Association and just one of them has Student Guild. The direction choose process is, in 83% of the schools, by elective way. The indicators show that the relation involving family, society and school stays weak, but Directors, Coordinators and School Council members develop their functions with coherence. About autonomy, it is limited and presents correlation with participation, but the educational system stays rigid and centralizer

Gestão democrática nas escolas: a atuação dos diretores escolares e os desafios para sua consolidação na rede municipal de Natal/RN

The democratic management is a challenge for education, on the one hand for its actualization needs a link between the government and the educational institution. From that, research aims to understand the main challenges faced by the school administration to consolidate the management of public schools in Natal/RN. Against this context the methodology used was multiple cases, qualitative approach in which respondent were manager (director, deputy director and coordinator) of the four municipal schools and two representatives of the Democratic Management Commission of a Government departament of Education, Natal/RN. The analysis was made by peers, between schools that had grade superior IDEB that average stipulated by the federal government and two that had grade lower and between managers and representatives of the Secretary. Were used techniques of categorization and content analysis of the speeches of respondents. Was note that managers understand the importance of the participation about whole community in the democratic management, however only one school highlighted means of attracting the parents against to the difficulty of representing these. The lack of knowledge about the democratic management is evident mainly in the pair of schools with lower IDEB. That schools with a lower IDEB adhere to this management as a way to meet rules. So unanimous, the broad role of director hampers knowledge about the legislation. About relationship of the Government department with managers, there are some contradictions between the understanding of the role of the coordinator by managers and representatives of the Government department. It was perceptible the no uniformity about a good relationship between managers and Government department. It was notable features of democratic management in all school units, well as the efforts of the Government department in this scope. However there are also undemocratic features that deserve further study