Da jurisdição constitucional: uma análise da concretização dos direitos fundamentais à luz da hermenêutica constitucional

Trabalho sobre a concretização dos direitos fundamentais pela jurisdição constitucional, mostrando a importância da interpretação da Constituição para a obtenção da eficácia de tais direitos. Desenvolve-se a pesquisa a partir da explicação histórica sobre o constitucionalismo moderno, que implantou o Estado Liberal de Direito e as constituições escritas, e no qual encontra a jurisdição constitucional o seu embasamento cultural e a sua justificação histórica. Verifica-se que a origem da jurisdição constitucional assenta-se no controle da constitucionalidade das leis e atos normativos do poder público, fundado no princípio da supremacia da Constituição. Destaca-se o realce dado pela teoria material da Constituição à normatividade dos princípios constitucionais, tecendo considerações em torno da classificação das normas constitucionais em regras e princípios. Remarca o trabalho que o controle da constitucionalidade pode ser formal ou material, apresentando esta última modalidade uma conotação acentuadamente política, já que, por ele, a aferição da compatibilidade da norma infraconstitucional é feita com o conteúdo material da Constituição. A função primacial da jurisdição constitucional é tutelar os direitos fundamentais, especialmente os das minorias sociais. Tal função sobreleva-se até mesmo contra textos legislativos produzidos por maiorias eventuais, pois o princípio da supremacia da Constituição prevalece sobre a regra da maioria vigente nos regimes democráticos. Comprova-se que a concepção substancialista, adotada para definir os contornos funcionais da jurisdição constitucional, propõe uma maior intervenção desta na apreciação dos casos que lhe são submetidos. Salienta-se que, no Estado Democrático de Direito, derivado da aglutinação do Estado Liberal com o Estado Social e acrescida de um elemento novo voltado à transformação da realidade social, a jurisdição constitucional passa a levar em conta, com mais atenção e destaque, os princípios constitucionais e a sincronia do ordenamento constitucional com a sociedade por ele ordenada. Realça também o estudo que a atuação da jurisdição constitucional, segundo a ideologia democrática defendida pelo Estado Democrático de Direito, tem logrado obter uma sociedade mais justa, e que a comprovação histórica é francamente favorável ao seu ativismo judicial. Os direitos fundamentais dificilmente se dissociam da democracia, que lhes garante a eficácia pela limitação e visibilidade do exercício do poder, traços políticos que constituem a nota típica dos regimes democráticos. Mesmo que os direitos fundamentais tenham tido um caráter pré-estatal como preconizado pelo jusnaturalismo, são eles normas, e não valores, pois tão logo sejam positivados pela Constituição eles se tornam direitos vigentes. Assevera a pesquisa que os métodos concretistas de interpretação constitucional mostram-se mais adequados à obtenção da eficácia da Constituição, pela importância que os elementos objetivos, relacionados com o contexto material da norma, assumem no seu processo de aplicação e interpretação. Conclui-se ser essencial que os operadores e estudiosos do Direito se conscientizem de que a interpretação constitucional deve assumir uma feição principiológica e concretista, de modo a ser obtida a máxima eficácia possível das normas constitucionais, especialmente as de direitos fundamentais, acentuando-se mais a necessidade de um Tribunal Constitucional, cuja criação no Brasil constitui ainda tema polêmico entre os doutrinadores

Um artesão de matrioshkas - Ficção histórica e metaficção em Rubem Fonseca

Esta dissertação analisa os recursos metaficcionais nos contos e romances de Rubem Fonseca, incluindo os que tratam de eventos e personagens históricos, fundindo, assim, ficção e História. Para tanto, nos apoiamos em teóricos que se debruçam sobre a metaficção, esta tendência que marca o Pós-Modernismo em literatura, a exemplo de Linda Hutcheon (1991), Patricia Waugh (2003) e Gustavo Bernardo (2010). Um dos escritores brasileiros mais respeitados dentro e fora de nossas fronteiras, Fonseca estreia nos anos 1960 trilhando um caminho próprio dentro da prosa de ficção brasileira, não só pelas narrativas violentas, faceta pela qual ele é mais conhecido, mas também pelo caráter autorreflexivo, autoconsciente e digressivo de seus textos. Acusado de ser repetitivo, nota-se que, se é verdade que seus personagens em geral são “tipos” (o artista culto, o detetive, o “garanhão”), ele costuma experimentar na forma, variando os focos narrativos de maneira a entretecer camadas narrativas e parodiar gêneros: O caso Morel, por exemplo, é um romance policial que implode o romance policial; o conto "H.M.S. Cormorant em Paranaguá", por seu turno, é uma homenagem à segunda geração romântica brasileira, representada por Álvares de Azevedo, em uma conformação pós-moderna de pastiche. A obra cinquentenária de Rubem Fonseca joga luz sobre questões que estão na “ordem do dia”, como o tripé artista-sociedade-mercado, e introduz um outro olhar sobre o passado histórico - incluindo a História da cultura, principalmente da literatura. As narrativas aqui analisadas testam os limites que separam – ou não – a ficção da dita realidade, e são por nós classificadas nas seguintes categorias: autobiografia romanceada, romance biográfico, romance histórico pós-moderno, pastiche, metaficção historiográfica e metaficção policial.

A cultura de índio, seu menino, vem de longe aqui : formação histórica e territorialização dos Tremembé/CE

This dissertation is based on the ethnography of a strategic selection of three Tremembé ethnic situations, which are situated in the backlands of Acaraú and Itarema, municipalities located in Ceará State (Northeast Brazil). My main aims are the following. Firstly, I reconstitute the historical and social formation of three localities, called Lagoa dos Negros, Telhas, and Queimadas, related to a particular origin myth which refers to Almofala, an extinct colonial Aldeamento in the seashore, where the Tremembé indians and other native populations were converted and gathered under missionary administration. According to the origin myth, these three localities were set up after a strong drought which happened in 1888 (the so called three eights) when a group of Tremembé families moved to the countryside and established close to the Lagoa dos Negros and, later on, they were segmented into smaller groups which started to live in other areas and places not far from the former location. Notably, I develop an anthropological approach to understand the historical formation of these three localities. Secondly, I analyze some processes of territorialization, which were emerged from the 1980s and had important consequences to these indigenous families throughout the next two decades. This historical dimension is re-appropriated and ressignified in ethnic terms. A third point of my work is the analysis of the construction of territorialities and also the cultural and symbolic dimensions which are formulated by the Tremembé Indians who live in these localities. Therefore, I investigate some cultural traditions and rituals, such as the Torém dance, but I also examine their multiple semantics, which constitute a transversal direction throughout the history understood by the Tremembé of the different social situations I researched. To sum up, there is a process of cultural actualization, which is still going on and presents itself through the ludic sphere as well as their political and religions dimensions, which are usually associated to the ritual presentation of the Torém

De repente, tudo mudou de lugar: refletindo sobre metamorfose urbana e gentrificação em Mossoró-RN

This study aims at solidifying the theoretical bases to provide, above all, an explanation for this phenomenon which currently happens, with a scenario of social, political, economic and cultural transformations worldwide in medium cities. Nevertheless, because it has different dimensions from its transformation axes, gentrification comes with change, but also with the introduction of a new purpose in the space using and occupation, outlining in this context the identity of places from the formation of centralities with the presence of flows with social and economic dynamicsThe current forms of geographic space appropriation show the directions of the senses and ideological profile which recreates the meanings and uses of content and materials from descriptions of a historical past. However, today there is an economic context in the urban space which refers to a search of strategies for change, i.e., the acquisition of parameter aimed at meeting the demands of the relationship between capital and labor, which ends up overriding some actions for the specification of the transformation methods within the urban space to be explained by new needs and also by the agents from the value adding to their interests and investments. Thus, we assume that the appreciation/gentrification of urban spaces may or may not result from the building of a public space, since the dialogic structure as a place of political interaction externalize conflicts and disagreements in general; it keeps segregating spaces. As new spaces are transformed, the access to them tends to happen with particular restriction, whereas some places like parks, shopping malls, high-rise and horizontal condos are the scene for major professional and family events. In this context, the gentrification process is used to designate interventions in the urban environment, in certain city spaces which are considered central to public and private investments. A historical place is permitted to be presented as a scenario, a stage full of attractions, through the transformation process. Studying gentrification consists of an analysis of the underlying interests in the transformation of these areas, and especially of the assessment of the interest level in the private sector to partner in order to modify the landscape. Gentrification results from the transformation processes of capital, which influences the efforts and investments application in order to establish and achieve optimal economic growth, focusing on a location socio-culturally centered in the urban space. Thus, the urban social structure develops in the light of some questions that relate not only the cities growth but also environmental conditions it provides in cities like Mossoro, State of Rio Grande do Norte, Brazil 2005 a 2011.

Visões da cidade : da cidade histórica aos bairros da Cidade Alta e Ribeira em Natal-RN

The present work is an initiative of undertaking a perspective that values the aspects of the city in its diversity. The one that t intends is to discuss the urbanity starting from the aspect of the image, of the history, and about main point, to value the point of the individual's view that lives the urban space in its more several configurations: the house, the street, the neighborhood, and the city in wider scale. The described historical research defines the city as space of the human accomplishments. When analyzing the moments of the most recent history of the urban life the modernity/post-modernity notions they are explored in the sense of illuminating the wealth, continuity and it breaks of patterns of behavior, and on the other hand, to describe a I overfly in the several times of the city. The prominences of aspects of the archaeology and of the descriptive resource they are related, for its time, the most punctual perspective of the practical research, the instance of the neighborhood, specifically High City and Riverside, configuring an immersion in the daily more punctual of the city, valuing forms of being, aiming the perspective of the personal computer as point-of-view. The images of the city assume the paper of representing the documental about the current features of the urbanity. It is without a doubt that at the present time the photographic image already possesses a paper of prominence it is as research instrument, be as main source for a work on files of photos. The photographic images in the present work possess a prominence place, focusing specific places of the city in the time. Finally, the individual's voice valued under the perspective on as the person's knowledge that inhabits and live the urbanity he/she understands the knowledge of the life in the city and, more than in any other place, a middle where the loss of action models is pointed very easily tends in view the dynamic movement of the practices and renewal of new indications; in the same space in that becomes urgent to build marks starting from which the individual can shimmer the future. And in that space the individual's voice is valued as rich source of information on living the scenery of conflicts of the present time

Em busca do tempo partido: a consciência histórica e o MST

The work that follows is dedicated to the study of the historic time experience by the political militancy from our time. The political militant from the left-wing is the one that denies the state of current things, recovering a historic experience located far before its time and projecting a future beyond the incessant reproduction of the present relations. We chosen the Landless Workers Movement, not as study object, but as specific place where this consciousness is made and can be comprehended. The historic consciousness study of the landless militancy is, for us, the best starting point to understand the magnification of the historical time operated on the change of social relations lived inside an organization. The time division between before and after, as well as the history being understood as a progress isn t a natural given data, but a construction that obeys the contradictions of the present. It, therefore, must understand how the present lived by the militancy operates changes on the consciousness of time. From documents, reference books, formation notebooks and several materials produced by MST, we try to understand the way that the movement tells his history and lists with this wider experience of the struggle for the change of the current social order. Similarly, when we hear reports of history of several militants, we try to comprehend how this wider narrative re-orients the sight over history himself, over the experience of contradictions on before and after making the landless militant

A relação histórica entre democracia e liberalismo. Um diálogo crítico com Norberto Bobbio.

This work seeks to examine the historical relationships established between liberalism and democracy, questioning the apparent inseparability between the two ideologies. Methodologically construct a hypothetical dialogue with the Italian thinker Norberto Bobbio, one of the most important systematizers of liberal democracy, defending a theoretical and conceptual complementarity between the two ideologies. Following the Bobbio theoretical propose, it presents the political contributions of classical liberalism that the Italian thinker identify as logical and axiological antecedent of the modern democracy, naturalizing and universalizing the principles and ideals of classical liberalism. Going counter, it problematizes the political contributions of classical liberalism, emphasizing the tension between liberal theory and its practice, between the declared political principles and their translation into concrete historical reality, reserving rights and freedoms to property minority and severe restrictions to the majority. The critical analysis of classical liberalism allows questioning the privilege position that Bobbio reserves to the liberalism in the democracy history, to restore the important contribution of illiberal politics currents in the civil, political and social rights history, advocating the democracy with its social character, inclusive and participatory

Registro da atuação do movimento dos atingidos por barragens nos reassentamentos de Acauã: a alfabetização de jovens e adultos

This work contains the problematic of sub-education among the population that was excluded from school attendance in the regular time, contributing to knowledge production about educational practices developed in EJA (the Young and Adult Education). It focuses on the Pedagogical proposal and on the experience in young and adult literacy in the context of the mobilization of people affected by dam building. It depicts the international, national and regional mobilization against huge dams building and the emergence of the Movement of Dam Affected People (MAB), highlighting their general project and registering their teaching performance, particularly in young and adult literacy. In methodological and theoretical approaches, two interconnected categories are considered: the historical entirety, essentially theoretical, and the young and adult education practice. Based on the entirety, it outlines a contextualized explanation about the stakeholder s situation and, respecting the second category, which is part of the first one, places literacy as one of the basic aspects of an omnilateral man upbringing. The study broaches a wide context of dams in the world, placing the socio-environmental effects resulting from dams building in Brazil, in Northeast region and in Paraíba, and emphasizing the consequences of Acauã Dam building in the Paraíba cities of Aroeiras, Itatuba and Natuba. It presents the particular context of the population affected by Acauã, summarizing a panoramic view about the involved Paraíba cities and learning the conditions of residents relocation. It appraises the educational project and the National-MAB literacy proposal, operationalized by Paraíba-MAB in resettlements sited on Acauã s surroundings. It ensures that, besides public policies including financing, the feasibility of literacy problem solution can be completed with Pedagogical actions attached to the target people peculiarities and immediate necessities, respecting actions connected through one comprehensive and contextualized educational project. It evaluates the young and adult literacy project developed in the restricted Paraíba-MAB area, as an example of a Pedagogical action minimally contextualized. Eventually, it recommends researchers and teachers in general, that are committed to this work perspective, to pay attention to the way they articulate discussions and participation, so as to contemplate these communities expectations and necessities in Pedagogical projects and spaces based on discussion, dialogue and collective reflection

Escola para os filhos dos outros: trajetória histórica da escola industrial de Natal (1942-1968)

This paper presents a reconstruction of the historical trajectory of the Escola Industrial de Natal (Industrial School of Natal), in the period 1942 to 1968, based on the analysis of its cultural, social and pedagogical characteristics in a process in which its educational practices and the individuals who constructed them were getting involved in their actions. In this sense, the concepts of memory and school culture occupied a central place to understand the elements that characterized its administrative and pedagogical organization such as, for example, its curriculum, aims, disciplinary rules, clientele, teachers, leaders and the configuration of the institutional power. Designed to meet the demands of an industrial process that has strengthened in the country, throughout its history, the Escola Industrial de Natal was becoming a space predominantly occupied by individuals, from economically disadvantaged social groups in society, in search of a professional training that would guarantee them the exercise of a profession. The time frame from 1942 to 1968 allowed us to verify the changes caused by the Organic Law of Industrial Education of 1942, and the Law number 3.552, from 1959, in the organizational structure of this school. In this context, a characteristic that was evident was the purpose of making it flow between the students the love for the country, the respect for civic values and the belief that industrial education would be able to boost the country's development, an aspect that reached a bigger dimension from the 1950 s. Marked the disciplinary character of this institution the control over the actions of individuals, developed through its multiple educational practices in specific areas and in the predetermined time, under the constant gaze of those who participated, in some from, in driving this process. On the other hand, the vocational and human training, provided to students, allowed new opportunities for social integration, not only in the state of Rio Grande do Norte, but also in other regions of Brazil. Conversely, during his career, the Escola Industrial de Natal has remained being seen as an organized institution, with good teachers, but intended for the children of others

Investigação histórica nas aulas de matemática: avaliação de duas experiências

This study reflects on some procedural aspects about the development of mathematics learning from the experience with investigative activities concerning the resolution of second degree equation, which was tested a proposal for education, supported the use of texts in history of mathematics. The survey was conducted in two stages, taking the first-served basis for the second, which was carried out with a study group remainder of the first experiment. The intention was to investigate how the group participant, known as the study group, involved in the implementation of activities of research in mathematics, supported the use of the history of mathematics. Based on the results achieved during the study, it was possible to understand that the activities of research enable the development of students, range of learning mathematics and the development of skills and expertise for research as a vehicle for construction of their mathematical knowledge. This approach proposed research into the classroom is important, both for prospective teachers of mathematics and for students from elementary school, bringing a new phase for mathematical education that will come to schools

Investigação histórica na formação de professores de matemática: um estudo centrado no conceito de função

In this study we analyzed the development of a teaching experience, involving students with a bachelor s degree in mathematics from UFRN, based on the history of mathematics and mathematical investigations with the aim of contributing to the improvement of the teaching-learning of mathematics. The historical investigation tasks were planned and applied in the classroom, focusing on functional thought. The results obtained during the experience were described and evaluated based on authors who support the assumption of investigation and history as an alternative to the learning of mathematics. We emphasize that the material of analysis consisted of a work diary, audio recordings, questionnaires with testimony of the students involved, and, in addition, the assessment of the teacher of that subject. With regard to the mathematical content, the study was restricted to the concept of function, forms of representation and notation. It was evident that students showed great improvement with regard to the necessary formalization of the mathematical contents which were focused on, and to the active involvement of the students at different stages of the study. We can affirm that the completed study certainly represents significant contributions to an approach in the teaching-learning of functional thought

Uma abordagem histórica para o ensino do princípio da inércia

Placed in the field of Didactic of Science, this paper proposes an approach to the introduction of the History of Science in science education, at high school level. It was designed and implemented a series of activities regarding the history of the Principle of Inertia. The aim of this approach was to give more meaning to scientific education, while opening new avenues for a better understanding of the processes of construction of scientific knowledge. The preparation of the activities involved a study of the historical development of the concept of motion, from the Aristotelian physics through physical movement concepts at medieval period, from Galileo, Gassendi, Descartes, until the first law of Newton. The strategy of teaching was applied to three classes of high school (night period) of a state public school at the city of Natal (RN). The results indicated the difficulty of overcoming alternative conceptions about movement by students. Nevertheless, we consider that the implementation of this strategy of teaching both represented gains for the learning of students, and contributed to the resizing of pedagogical practices of the teacher-researcher

Uma investigação histórica sobre os logaritmos com sugestões didáticas para a sala de aula

This study was conducted from a preliminary research to identify the conceptual and didactic approach to the logarithms given in the main textbooks adopted by the Mathematics teachers in state schools in the School of Natal, in Rio Grande do Norte. I carried out an historical investigation of the logarithms in order to reorient the math teacher to improve its educational approach this subject in the classroom. Based on the research approach I adopted a model of the log based on three concepts: the arithmetic, the geometric and algebraic-functional. The main objective of this work is to redirect the teacher for a broad and significant understanding of the content in order to overcome their difficulties in the classroom and thus realize an education that can reach the students learning. The investigative study indicated the possibility of addressing the logarithms in the classroom so transversalizante and interdisciplinary. In this regard, I point to some practical applications of this matter are fundamental in the study of natural phenomena as earthquakes, population growth, among others. These practical applications are connected, approximately, Basic Problematization Units (BPUs) to be used in the classroom. In closing, I offer some activities that helped teachers to understand and clarify the meaningful study of this topic in their teaching practice

Elaboração e aplicação de uma sequência de atividades para o ensino da trigonometria numa abordagem histórica

The present work aims to report the construction of a workbook for teaching trigonometry focusing the possible mix between the historical approach to the teaching of mathematics and the professional master´s degree. For this, considerations about the history of mathematics as a teaching methodology, the education of the math teacher who will teach trigonometry and also about the course of elaboration and experimentation of the activities in the workbook were made (using the methodological strategy of action research). Finally, the workbook for the teaching of trigonometry in a historical approach is presented as an example of the above mentioned mix between the history of mathematics, mathematical school content and the professional master´s degree

Euler e os números pentagonais

The present investigation includes a study of Leonhard Euler and the pentagonal numbers is his article Mirabilibus Proprietatibus Numerorum Pentagonalium - E524. After a brief review of the life and work of Euler, we analyze the mathematical concepts covered in that article as well as its historical context. For this purpose, we explain the concept of figurate numbers, showing its mode of generation, as well as its geometric and algebraic representations. Then, we present a brief history of the search for the Eulerian pentagonal number theorem, based on his correspondence on the subject with Daniel Bernoulli, Nikolaus Bernoulli, Christian Goldbach and Jean Le Rond d'Alembert. At first, Euler states the theorem, but admits that he doesn t know to prove it. Finally, in a letter to Goldbach in 1750, he presents a demonstration, which is published in E541, along with an alternative proof. The expansion of the concept of pentagonal number is then explained and justified by compare the geometric and algebraic representations of the new pentagonal numbers pentagonal numbers with those of traditional pentagonal numbers. Then we explain to the pentagonal number theorem, that is, the fact that the infinite product(1 x)(1 xx)(1 x3)(1 x4)(1 x5)(1 x6)(1 x7)... is equal to the infinite series 1 x1 x2+x5+x7 x12 x15+x22+x26 ..., where the exponents are given by the pentagonal numbers (expanded) and the sign is determined by whether as more or less as the exponent is pentagonal number (traditional or expanded). We also mention that Euler relates the pentagonal number theorem to other parts of mathematics, such as the concept of partitions, generating functions, the theory of infinite products and the sum of divisors. We end with an explanation of Euler s demonstration pentagonal number theorem