A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

Percepção ambiental de crianças em ambientes naturais protegidos

This study aimed at exploring and describing children s perceptions in threatened natural settings, specifically, the Rain Forest in Brazil. Several studies point to the significance of perceptions for people s pro-environmental attitudes and actions. We try to understand the person-environment interaction from an ecological perspective, and we present theoretical references for the understanding of how crucial nature is for psychological development and well-being. The children s drawings, individual interviews, discussion groups, photographies and informal and indirect sources, as teachers, brought material for the analysis. Participated in our study, carried on through a multi-method strategy, 209 children from six to eleven years old, living in the neighborhood of the Biological Reserve of Una, State of Bahia, created to protect Rain Forest fragments. The Rain Forest landscape is well portrayed in children s drawings, the vegetal elements prevailing over artificial and human elements. The figured plants and trees, however, are pointed with no precision as to their species. Most of the defined species are eatable. The children seem to be aware of the environment degradation, and of the importance of its conservation, but they describe episodes of hunting and feeding wild threatened animals. Our results indicate a utilitarian trend in the perception of living beings, in terms of their immediate usefulness for people. The multimethod approach seems to be appropriate to the complexity of the theme; the methodological strategies were well accepted by the children, offering them opportunities to express themselves. We observed how children, in different life phases, organize natural elements and processes in their drawings, and how these images relate to the local landscape. We discuss the results in the light of theoretical references of personenvironment studies and from previous investigations about children s perceptions of natural environment