Os crimes de mídia no paradigma democrático constitucional

The criminal responsibility of the media is analyzed when the criteria for production of news and events involving public safety are produced without considering the technical, legal and ethical practice of journalism in the media factors. Freedom of speech, expression of thought, necessary for professional qualifications and constitutional limits, reaching criminal constitutional principles and the possibilities of criminal liability for offenses practiced in the media are present as key factors legal dialogue in this work. The judgment of the Supreme Court on the unconstitutionality of Law nº. 5.250/67 called Media Law caused a gap in the national legal system, forcing the use of the criminal code to address issues that involve crimes produced in media professional performance. The presumption of innocence is ignored by the professional media during a police investigation where the information published does not respect, including constitutional guarantees: the right to privacy, honor and image. The right to information and the duty to inform media are worked in its constitutional aspect, considering that the same information should be produced is guided by the quality and guiding principles of truth. The constitutional concept of media is presented as information with the appropriate language of the news media, produced and disseminated through the vehicles of mass media, whether in print or digital platform. The presented model of the legal right to information is outlined from a constitutional hermeneutics, increasing the production of news as a result of the occupation of journalist in different news platforms, guaranteeing the quality of this prolific law. Under the Freedom of professional activity of the journalist, the constitutional limits are addressed in line with the reality of (non) regulation of their profession, considering the constitutional abuses committed in the exercise of that activity linked to communication fences. Jusphilosophic field reaches the limits of the duty of truth in journalism as a tool for spreading news, respect the audience and compatibility with the constitutional state. Using the conceptual and doctrinal aspects, this criminal offense is parsed from the journalistic practice and the publication of news involving public safety, with the hypothetical field consummation of that crime through the eventual intention. As a form of judgment against these crimes produced in honor media presents the court of the jury as a legitimate form of democratic decision

Política pública para o idoso : um estudo da cidadania no grupo cabelos de neve do programa conviver em Campina Grande-PB

The main objective of the study about the citizenship development in elderly attended by the Conviver Program of the City Hall of Campina Grande in Paraiba, Brazil was to evaluate how the actions of the Program contribute for the citizenship practice according to the users. The Citizenship analyzed is the existence of political, civil and social rights according to Marshall. For that it was utilized a descriptive research and a study of case based on technical procedure. The research was settled by the people who are benefited by the Conviver Program of the Snow Hair Group and the sample was formed by the active participants that it is in the Group for over ten years, corresponding to a total of ten elderly. For the data collection was utilized basic questionnaire in function of the low schooling of the interviewed, according to Marshall (2002) theory about the citizenship construction from each person. It was utilized the methodological procedure proposed by Bardin (2006), categorical analysis, in the qualitative data analysis, that was divided in four parts. In relation to Political Rights, noted that the program has stimulated your Watched on the exercise of voting and being voted. On the Civil Rights was observed that the Program has given incentive to actions which provide the users the justice rights in and in occupational activities as a job. In relation to Social Rights it was observed that the Conviver Program has contributed in order that its users can lead their lives according to the standards imposed by the society, which have being failed in the education area. As for the type of citizenship it was verified that the Program has given incentive to the served users, becoming more evidence on the speech basis

Relações interétnicas em conflito entre makuxi e wapixana na terra indígena Raposa Serra do Sol

This dissertation present an analysis of the interethnic conflict between Makuxi and Wapixana at the current moment in the Maloca of the Adobe, Aboriginal Land Fox-Mountain range of the Sun, in the State of Roraima. The theoretical field was boarded in the Ethnology, pursuing situations in local history, with edges in ethno-history. The research elapsed of the deepening necessity on the social relations and aboriginal politics, for the intercultural professional exercise of educator, appealing the bibliographical survey and participant comment as method; not directive interviews, photographs, filmings and daily register in of field, as techniques carried through in the period of 2006 to 2007. Although to inhabit in the same area and to establish marriages between itself, individuals and groups express tensions, aggravated with the landmark and legal recognition of the area, which generated inter dispute and intraetnias, mainly with the intrusion of farmers, rizicultores and the form of governmental influence. A relation of rivalry, individual and collective was evidenced, suggesting the strengthenig and not it fractionly, of the fights external politics, interns and in way to the cultural diversity and social adversity

Farmacêuticos e suas atividades em farmácias comunitárias: uma análise de perfil

The aim of this study was to establish the profile of the pharmacist technician responsible for community pharmacies in the city of Natal/RN, featuring personal elements, perceived their role and place of pharmaceutical care, levels of job satisfaction, type and quality of services provided in human and structural framework. To that end, we made an exploratory cross-sectional study applying a questionnaire containing open and closed questions, which was applied to pharmaceutical technicians responsible for community pharmacies in Natal/RN, from September 2010 to September 2011. The sample was established by calculating the simple random sample, with a confidence level of 95% and a significance level of 0.05. To evaluate the satisfaction level of the activities performed by pharmacists in community pharmacies was used Simple Satisfaction Scale (Likert, 1935). To assess the attitudes and perceptions of pharmacists in relation to aspects of pharmaceutical care, we used the Model Attitude toward the object (Fishbein, Ajzen, 1975). The answers were converted into data were analyzed statistically using Epi Info 3.5.2 The results showed that the strengths and weaknesses in relation to the profile of the pharmacist and their activities in community pharmacies in Natal/RN are not different in other cities in the country . The most important aspects were: 51% (n = 90) of the establishments visited, the pharmacist was absent; 46% (n = 80) did not have postgraduate and of those who are or have completed 33% (n = 51) are in the area of Clinical Analysis; 56% (n = 98) 08h for day work and 64% (n = 111) claim that this load influence its performance; 83% (n = 146) receive as salary, the floor pharmacist regarding the state of Rio Grande do Norte; 44% (n = 76) are unhappy about the salary, which is the main difficulty cited; 78% (n = 136) say they are always sought by users and the receptivity of these considered good (52%, n = 91). The activities of higher satisfaction are those related to pharmaceutical care and lower the administrative. As regards attitudes and perceptions, the score was more negative to the question 'if the pharmacist feels working as a team with the doctor', in which 59% (n = 103) responded 'never'. 49% (n = 86) reported being "able" to take questions from users and 39% (n = 68) are 'dissatisfied' with respect to the structure of the practice of pharmacy to pharmaceutical care. Action is needed on the obstacles to the exercise of the pharmacist in the solution and minimize the negative and positive stimulus to

Fé & Cia. LTDA: consumo religioso na sociedade contemporânea

The present work is an exercise of analysis from the cultural exercises related to movie high one of its raised status more with the deity, the human being surrenders it Religion leaving puzzleds the prophets of its end. The purpose of this work is to show that the religious phenomenon is one of the essential components of the socialization human being. The religious dimension, although to have been kept out of society in modernity - it was cybernetics, is an indispensable compassing to guide the human being in the discovery of its true existencial direction. For this, to attenuate the legacy without appropriate title, overwhelming and despairing of the producing and consumer goods society, it is indispensable to add as basic part to the practical one of the religion. And this practice is specify at the acquirement as of commodities objects , than it is to they are consecrate, exercising um magical power under the assistants from the religion. The fair religious Expo Religious, like the Expo Crest (fair as of commodities and service of the Evangelist) and the one Expo Catholic (fair as of commodities and service of the Catholics), appears at the I initiate from the century 21 at the association Brazilian about to cater the litigation of the market religious at every their segments. The and objective of this research is bring forward those two fairs in the format as of Expo and your contribution at the dynamic from the religion crest at the association he acts

Associativismo nos municípios rurais: uma alternativa de desenvolvimento local em Portalegre/RN

This work aims to study the associations as mediating the process of social change and its importance for local development. The hypothesis is that associations, but bring dynamism to the smaller cities and improve the living conditions of their members, relegated to the background social sustainability, understood this as a permanent exercise of mobilization and participation in community life. The assumptions of the study are that the practice group has influenced the processes of local development in Brazilian rural municipalities through the mediation of government programs and projects aimed at combating rural poverty require social organization for their achievement. The concept of local development in this work was rescued from studies of political economy and sociology. But the concepts of collective action and partnerships advêem studies of political participation and social development of the theory of alternative or solidarity. The party consisted of an empirical case study conducted with four associations of farmers in the municipality of Portalegre-RN. Why choose qualitative study was used the technique of semi-structured interviews with the chairmen I members of associations and other actors considered essential to understanding the study (religious leaders, local political power and chairman of the union of rural workers), a total of 20 interviews, in addition to the observations of field and documentary research in records of the.ir own organizations. The survey results show that the performance of groups of farmers are key components and determinants for the production I marketing of agricultural products and for boosting the economy, as well as security for minimum levels of citizenship. Yet we are still in a space purpose of social change, which comes to confirm the initial hypothesis of this work

Práticas clientelistas e dádivas como estratégias de hegemonia política: uma análise sobre o campo da saúde em Mossoró-RN

The reality experienced by many families and individuals who seek and require the services of the Unified Health System - SUS, the relationships between users, health professionals, and political representatives, establishes the core of the issue that guides the choice and interest of this study concerning the prominence of clientelist practices and gifts that permeate the health field. The research is based on the analysis and reflection of the intrinsic relationship between the health and political fields. It analyses the health field and its relationship with the dynamics and developments of the local political scenario relating it to the implementation of the Family Health Program and Community Health Agents Program (PACS/PSF health programs) in the city of Mossoró, State of Rio Grande do Norte which refers to the period 1991-2010; and falls into a methodological perspective of qualitative approach. The methodological tools and techniques used were based on semi-structured interviews, direct observation of the field, journalistic texts and documentary sources. The construction and questioning of the object of the research were based on theoretical contributions from authors discussing the social field and symbolic power: Bourdieu (2005); clientelist relationships and gifts from asymmetric exchanges: Rouland (1997), Lanna (1995), Martins (1999), Carvalho (1999), Diniz (1982); exercise of hegemony and political strategy from authors who analyse this subject: Gramsci (1995), Coutinho (1981), and Gruppi (1978). Furthermore, the research has established dialogues with authors who address the dynamics of Brazilian politics such as Baquero (2001) and Weffort (1993). The collected data were subjected to qualitative content analysis. The results showed that with the implementation of the PACS/PSF programs in the aforementioned city, the health field has established itself as a key scenario for the exercise of political hegemony of the factions that dominate this socio-political context, resizing clientelist practices, however, without modifying the power structures within this social scenario

Eça de Queiroz e a cozinha burguesa: literatura e alimentação

Using literature to discuss the topic of food, proper bourgeois cuisine, was the purpose of this work. As a corpus, we use one of the works of Eça de Queiroz, The City and the Mountains. Served as theoretical references the Claude Levi-Strauss s concept of universal culinary and the Jean Claude Fischler s concept of specific culinary who understands food as a cultural system which includes representations, beliefs and practices of a specific group. After the initial reading of the novel and construction of a file containing general information of the work, categories designed for elaboration of a material for analysis were these: work, characters, food, intellectuals and geographies. We realized the culinary as an epicenter for understanding the culture of a specific group: in this case, the bourgeois. We proposed a quaternary model for systematizing it: this bourgeois cuisine highlights the technique, has affection for what is rare and/or expensive but still consume it with temperance, establishing a new relationship with the use of time and, finally, it is the one that opens the ritual that involves frequent restaurants and cafes. The exercise of thinking the bourgeois cuisine through the literature suggests that the art may work on increase the comprehensive capabilities of nutritionists, professionals who deal with a complex object in your practice: the food

Barreiras de sobrevivência: angústias e dilemas de jovens infratores pós-institucionalização

This study critically examines the effects of public policies, implemented by Fundação Estadual da Criança e do Adolescente (FUNDAC/RN), along with adolescents of both sexes, perpetrators of illegal acts in compliance by court order, by socio-educative measures , identifying the contradictions that permeate the understanding and treatment of issue. The aim is to investigate the chances that youths have by living in Centro Educacional Pitimbu and Centro Educacional Padre. João Maria (CEDUC), to become subjects in the exercise of their citizenship. The methodology adopted is the verbal history of life (MEIHY, 2005) of youths that had life experiences in these institutions from 2002 to 2005, allowing researchers to access directly to investigated individuals, through the place where they currently reside, and enabling the reconstitution of their life story, from semi-structured interviews. The young people s statements interviewed were grouped and analyzed from the following categories of analysis: the egress and family, the school and egress, the community and egress, the egress and work, the egress and CEDUC, the egress and experience infringement. The results indicate that, despite the advances in Brazilian legislation for the sector, the actions promoted by these institutions generally would have produced innocuous and stigmatized consequences. Moreover, they show in essence that they carry on their inner contradictions which fundamentally correspond to the interests of the dominant system and a society which uses mechanisms of social policy, in addition to favoring the control and repression. And thus, while such actions remain unable to produce important changes in the conditions of existence of young people who meet by social deprivation of liberty, it is possible to say that the chances are minimal so that they become autonomous subjects in a society that, preferring their punishment, denies them, stubbornly, access to their basic rights. In theory, the researcher dialogues with authors as Foucault, Goffman, Bourdieu, Offe, Bauman, Boaventura Santos, Takeuti, Germano, Ariès, Wacquant, among others

Cinematografando o consumo :as narrativas e práticas culturais dos clientes de videolocadoras de Natal (RN)

The present work is an exercise of analysis of cultural practices related to movie consume by the clients of video rental stores in Natal city (Rio Grande do Norte, Brazil). With sociology of practice as support, especially that one which develops from the seminal works of Anthony Giddens and Pierre Bourdieu, we have searched, from the apprehension of the narratives build up by these actors from the movies they attend, to point the way they build exercises of reflexivity and creativity in the reception of works commonly identified as products of the so called mass culture . This path allows us, in the steps of Nestor Garcia Canclini, researcher in reception within Latin-American context, create and, somehow confirm the hypothesis that consume is also useful for thinking . In order to get to this result, we have carried out a camp research that used instruments and techniques both quantitative and qualitative. After the data analysis we came to the conclusion that consume of movies taken as commercial type and as not very noble in the environment of cultural production, also impels exercises of creativity and social reflexivity

Afinal, quantos éramos? Um estudo da mortalidade pretérita na freguesia da gloriosa Sant Anna

Search mortality in the glorious St. Anna Parish, hinterland of Rio Grande do Norte in the time frame 1788-1838 is the main objective of this research. Questions that the research aims to answer are: how many were after? Data parish deaths allow us to study mortality in Town? To conduct the research, first appealed to the population maps of the years 1777, 1810, 1811, 1824, 1844, 1853; censuses of 1872 and 1890. As well, the first two books of burials / deaths of the Parish, the first dating from 1788 to 1811 and the second from 1812 to 1838 and a book of baptism 1803-1806. Among the findings it was realized that, for now, the question of knowing, "After all, how many were?" Still cannot be answered, because during the analysis we noticed a high rate of underreporting, demonstrated through a study of the first infant mortality, in which the records we have was very high, which goes against the pre-transitional period, but with the exercise of inverse projection found the opposite, a population that would have a life expectancy higher. Demonstrating the problem of underreporting. Infant deaths occur mainly with the male children in the first months of the year due to infectious causes, and in the early days and weeks, we raised a hypothesis is that these deaths have as a backdrop the poor condition of the mother leading to poor training child, thus leading to his early death

Paradigma constitucional brasileiro da livre concorrência e da defesa do consumidor face às estruturas de poder no mercado

The Federal Constitution of 1988, when taking care of the economical order, denotes special concern in the abuses of the economical power and the disloyal competition. The mark to mediate of all this is, in fact, the defense and the consumer's protection, once this is final addressee of whatever if it puts at the consumption market. The coming of the Law 8.078/90, Code of Protection and Defense of the Consumer, inaugurates a time of effective concern with the homogeneous individual interests originating from of the consumption relationships. In this point, the focus of main to face of the present work lives, in other words, the protection of the right to the individual property, especially manifests in the exercise of the trade freedom that keeps direct relationship with the respective social function the one that is destined. The code of the consumer's defense doesn't just take care of this, but also of the other star of the relationships of the consumption. When affirming in the interruption VI of the art. 4th that the national politics of those relationships, finds ballast in the prohibition and repression efficient of all of the abuses committed in the consumption relationships, keeping inherent relationship-causality in the economical order, sculpted for the article 170 in the Constitution of 1988. In the generic plan, the mark of the present work is to question concerning the limits of the trade freedom and previsible collisions with protection norms and the consumer's defense, as well as factual convergences of those small systems, especially in what he/she refers to the innate interests to the suppliers. In the specific plan, we aspirated to identify the protection device-commands to the actors of the trade relationship, capable to guarantee the free competition in a global economy of market, seeking especially the Well-being, for soon afterwards, in an analytical perspective, to discover the possible applications that it holds the Federal Constitution, in headquarters of economical freedoms. It was observed that the consumer today doesn't need only of laws that their needs, fruit of the vulnerability that it is him/her meditate innate. He/she lacks, yes, of effective mechanisms that prevent lesions that can be them impinged by the suppliers at the time in that you/they are useful to repair the damages when happened, punishing the author of the damage

Os conflitos de competência normativa do estado regulador brasileiro no setor administrado pela ANP

The dissertation has by objective describe the administrative activity of regulation exercised by independent regulatory agencies, observing that this activity was already done before this structures creation, however, after a really deep administrative reform that had as objective built a Public Administration with more efficiency, it passed to be done with some own peculiarities of these new structures of regulation. The work gave especial attention to what concern the conflicts of normative competency that really often happen between ANP (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis) and the legislatives organs of the Republic Federative of Brazil, because energetic area has unbelievable mater to any country, and the fact of some juridical norm be against the law and be accepted is very dangerous, it affronts the constitutional principle of the legality e may put in risk the democratic Estate of law, them, regulatory dogmatic must be scientifically knows, and developed, thought and especially there are so many doctrinaires divergences about regulation constitutionality. As a theorist point, the investigation got the Logical nocontradiction principle, according Hans Kelsen and Lourival Vilanova thought, doing a philosophical reflection about the system of positive law, in which there are many antinomies, or conflicts of norms, what include the conflicts of the administrative acts expedited by ANP and the legislation of the brazilian regulatory Estate. For a better understanding and exemplify some perplexities treated by the doctrinaire angle, this work did a lucubration about a possibility of a normative conflict between a ANP resolution and the municipal legislation in a specific case, also, brought several jurisprudences for the brazilians courts of justice, that confirm the empiric existence of normative conflicts among ANP s administrative norms and federal legislation. Finally, concludes observing that the regulation is not a legislative competency delegation to regulatory agencies, is just a new exercise of the administrative function, it is a technical specialization of the public administration, that using this know-how can acting with more efficiency, however the normative power of regulatory agencies must respect the empire of law, so in this terms, the dissertation suggests the ponderation of the constitutionals principles of efficiency and legality how form to harmonizing the democratic legitimate inherent to legal norm supremacy, with the perspective of an efficient economic and institutional development

Federalismo cooperativo e o exercício da competência administrativa ambiental

This paper aims to discuss the conflicts of competence in environmental matters, as well as the legitimacy of the normative acts in the exercise of jurisdiction effected environmental management. For this work, addresses the issue of federalism, North American (dual) and German (cooperative), deepening its historical and theoretical fundamentals, as well as the influences on the evolution of the ideological matrix of Brazilian federalism. Distinguishes itself around the problem the theoretical and abstract discussion involving the constitutional division of powers, and the issue of his relationship with the vicissitudes in the embracement of environmental matters that invariably leads to mistakes in the exercise of jurisdiction environmental management. Its highlight the existence of a framework environmental law, embodying the principles themselves as well as a specific object of authority, which qualifies a different interpretation of the rules of constitutional powers as well as influencing the acting agent of government in managing the public good environment. The study represents an exploratory research as it investigates the depths of the institutes are in evidence not only with satisfying its practical outcome. For this to happen, explores bibliographical sources and identified by the science of law as more important, as the search for social-political boundary which takes the issue studied in their historical and contextual materiality, whose study is essential for a complete understanding of the topic . The dialectic that arguments have been constructed throughout the monograph, attempts to pass a critical way to expose the author's ideas, which considers as essential in the arrival of new questions

Repercussão geral e súmula vinculante: os efeitos no controle difuso

Brazil since its first republican constitution has adopted systems of laws control. The review activity was given to three state powers or functions state, Executive, Legislative and Judiciary. However, it appears that in the country along the constitutional history, has stood considerably the jurisdictional control of the most important control. Initially, back in 1891, Brazil adopted the jurisdictional control of diffuse from U.S, whose role in monitoring of standards is delivered to all organs of the judiciary, which may face a case, put on trial, ascertain whether or not the possibility of applying a law, removing its impact in case of unconstitutionality. In 1969, entered in the second legal model of judicial review, the concentrated control of constitutionality, whose inspiration comes from the positivist theory of Hans Kelsen, and was adopted by the Austrian Constitution of 1920. According to the abstract control the supervision of law is given to a Court or Constitutional Court, responsible for the analysis of the legal constitutionality independent of its application to a specific case. In Brazil the role of concentrated control was handed over exclusively to the Supreme Court, which serves as the Constitutional Court, which accumulates that function with other constitutionally provided jurisdiction. Throughout this period, from 1891 until today, Brazil has maintained a dual system of judicial control of legal constitutionality, where they coexist and harmonize the diffuse control exercised by any organ of the Judiciary, and concentrated control of competence the Supreme Court. However, one must recognize that with the advent of the Federal Constitution of 1988, the concentrated control has emerged on the national stage due to two important factors: the expansion of the legal capacity to sue and the inclusion of other ways control, besides the already known Direct Claim of Unconstitutionality. This concentrated control and projection of the Supreme Court s attempt to become a true constitutional court, led to a relative weakening of diffuse control even when performed by the Brazilian Constitutional Court. In order to become a true constitutional court, all decisions handed down by the Supreme in the exercise of constitutional jurisdiction should have the same weight and the same measure, or at least bring improvement to similar effects, once is the responsible for the final word when it comes to constitutional interpretation. Thus, the writs of certiorari and stare decisis were responsible for profound changes in the diffuse control, allowing the Supreme Court can strengthen its decisions even in the diffuse control. These two institutions have substantially changed the legal status of diffuse control, allowing an extension of the effects of decisions handed down by the Supreme Court, so that you can no longer be said that the effects of this control to restrict the disputing parties in the process