O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

Uma arquitetura distribuída de hardware e software para controle de um robô móvel autônomo

BRITTO, Ricardo S.; MEDEIROS, Adelardo A. D.; ALSINA, Pablo J. Uma arquitetura distribuída de hardware e software para controle de um robô móvel autônomo. In: SIMPÓSIO BRASILEIRO DE AUTOMAÇÃO INTELIGENTE,8., 2007, Florianópolis. Anais... Florianópolis: SBAI, 2007.

PLANFOR: política compensatória para a inclusão na informalidade?

Study about the national politics on the professional education, under responsibility of the brazilian Work Department in 1990 years. Purposes to apprehend the results of the actions of the professional education in a basic level, offered by the National Plan of the worker qualification ( PLANFOR ), as well as the effects on the assisted exits, starting from the experience appreciated on the Plan of Qualification developed in the state of Maranhão between 1996 to 2000. It adopts a theoretical-methodological conception by an ontological nature, if being worth of categories as the one of totality and of mediation that together, makes possible the apprehension of a dialectical movement that happens among the analysis object, the professional education politics in a basic level, performed by PLANFOR and your context, the underdevelop and heterogeneous Brazilian capitalism and the consequent job market generalized precarious and informal, making possible that the reality investigated become to understood rationally. This paper uses the indirect documentation technique, instruments of the bibliographical research and documental research. This study is based on those that aren´t part of PLANFOR, qualified by professional education courses in basic level,they didn't get to be inserts at the formal job market, just occupying precarious occupations in the informal job market. Aims to presents and discusses the productive process and your restructuring globally in progress. It focuses at the impacts on the workers, the precariousness of the work that appears like a new phenomenon calls new informality. Talks about the particularity process of productive restructuring assumed in Brazil highlights, showing that the informality, was always a structural phenomenon in the country. Discusses about the professional qualification in the contemporary capitalism, specifying some of your theses. Shows in a historical view the process of appearance of the employment notions and competence, and the influence that it exercised on the reforms of the basic and professional education, as well as the implications of both in the politics of professional education in the country. Rescues the process of creation of PLANFOR, your official formulations and your organized bases, starting from the second half of the 1990 decade. Shows yet the continuos changes in the job market of Maranhão state, for after, starting from the reports expresses at the Plans of Qualification from the state, elaborated by the Group of Evaluation and Studies of the Poverty and the Politics addressed to the poverty from the Master degree Program in Public Politics, from the Federal University of Maranhão, analyzing the acting of PLANFOR in the State, your probable deficiencies, as results the changes verified in the conditions of occupation and the gains of the exits from the professional education courses in basic level

Revelações e contradições entre concepção e gestão do currículo em um curso técnico no IFRN, na modalidade de educação de jovens e adultos

This dissertation reports the results of a research which has aimed to analyze the senses attributed to the curriculum by the students of the Technical Course of Computation Maintenance and Support, organized through the Programme of Integration of the the Professional Education with the Basic Education in the Youngster and Adult Education Modality (PROEJA), at Instituto Federal do Rio Grande do Norte (IFRN), Campus Santa Cruz. It has been sought to know who the students are and to investigate their curriculum conceptions, on which the this investigation has been based on. Thus, those senses attributed by the students on their narratives have been compared to the official proposed curriculum for the Programme and to the curriculum implemented by IFRN. The current research follows the qualitative approach being led by a study case and life stories methods. In order to effective that approach, two data collecting instruments have been developed: questionnaires and semi structured interviews. The collected data has been complemented by the legal and institutional documents analysis. This study is derived from the presupposition that PROEJA s students, although are able to access school after the educational system restructuration, are still facing difficulties during their courses because of the excluding and traditional curriculum, decontextualized with their personal and work life, that is, without curriculum integration. This study has accomplished PROEJA s students characterization presenting important data for the integrated curriculum construction at IFRN and revealing that the students consider the Programme as inclusive. Nevertheless, the practices concerned to the democratic construction of the curriculum and its dialogical action indicate partial inclusion, considering that, in order to include those students indeed, it would be necessary to include them to the institutional and academic context. Contradictory situations have been detected on the course pedagogical project, considered traditional and decontextualized, especially regarding to methodological aspects. The research also allowed to increase PROEJA s investigation field as well as to contribute with a better implementation of the Programme as curricular proposal bonded to Basic and Professional Education in the Youngster and Adult Modality Education Modality

Uma arquitetura distribuída de hardware e software para controle de um robô móvel autônomo

In this work, we present a hardware-software architecture for controlling the autonomous mobile robot Kapeck. The hardware of the robot is composed of a set of sensors and actuators organized in a CAN bus. Two embedded computers and eigth microcontroller based boards are used in the system. One of the computers hosts the vision system, due to the significant processing needs of this kind of system. The other computer is used to coordinate and access the CAN bus and to accomplish the other activities of the robot. The microcontroller-based boards are used with the sensors and actuators. The robot has this distributed configuration in order to exhibit a good real-time behavior, where the response time and the temporal predictability of the system is important. We adopted the hybrid deliberative-reactive paradigm in the proposed architecture to conciliate the reactive behavior of the sensors-actuators net and the deliberative activities required to accomplish more complex tasks

Terceiro setor em HIV/AIDS: mapeando o ativismo social na contemporaneidade

The struggle against AIDS is a kind of action in favor of life and the organized Brazilian civil society incorporated it in a meaningful dimension. This struggle matured the creation of non-governmental organizations (NGOs) and advanced with the discoveries about the disease. Since the very early 90 s, the consolidation of the partnership involving the movement anti-aids with State came up with a dilemma for the entities of civil society: are they just executors of governmental policies or do they take up the role of effective demands concerning public policies? Since then, activism against aids started to stand for execution of projects and one considers that the institutional way of anti-aids work has problems because it constructs a basic strategy to take off the political aspect of the third sector. The NGOs/aids consolidate the reconfiguration of capital and get far from street activities. This is important to be studied because the relationship between society and aids, contemporarily, can prevent them from accomplishing their agenda referring to political mobilization and collective resistance. This research started to be carried after some visits, previously arranged, to an institutional life support group called Grupo de Apoio à Vida-GAV, in Campina Grande. A semi-structured interview was applied to 31 users and to 6 technicians of the entity mentioned. One aimed at investigating the activist anti-aids practice, identifying the conceptions of activism and knowing how social actors assess those practices. Preliminary results indicate that one of the conceptions on activism among the interviewees refers to the execution of projects through partnership of NGOs and supporting institutions, governmental or non-governmental. Although this new conception on activism consolidates a non-political aspect, there are other ways of executing projects and participating actively, according to some users, such as: meetings, lectures and other sorts of events promoted by the group, which are also legitimate actions representing anti-aids activism at the present context

A cidadania no contexto do estado constitucional democrático de direito brasileiro

The citizenship is a fundamental category to the democratic progress and the development and concretization of human rights, in addition to being one of the essential foundations of democratic contextualized in the rule of law of the Federative Republic of Brazil. That’s exactly why the discussion about its concept and content is a paramount requirement to the understanding and interpretation-application-concretization of the Federal Constitution of 1988, as well as its democracy, since there is no democracy without citizenship. That is why the general objective of the research is to determine the characteristics of the citizenship, relating it to the Law, as well as to discuss (critically) its inclusion in the list of fundamental rights and delimitate the scope of protection and the limits of this right, in the context of Brazilian law post-1988 Constitution. The specific objectives are: a) to analyze the concept of citizenship, its extent and scope, contextualizing it historically; b) to examine the evolution of the legal and regulatory treatment of the citizenship in Brazilian constitutions, focusing on the 1988 Constitution; c) assess whether citizenship can be considered a fundamental right; d) to investigate which implications, theoretical and practical, of assignment fundamentality character to the right to citizenship. This research identifies and deconstructs current conceptual confusions, such as the lack of distinction between citizenship and nationality; citizenship and electoral capacity; citizenship and person. It also helps to identify and oppose the generalizations, as well as the excessively abstract associations which tend to purely metaphysical understandings, fluid and empty of any content. The main virtue, however, is the proposed of understanding of the citizenship as a fundamental right and the examination of the relationship between citizenship and human dignity. In this context, citizenship appears as a corollary of human dignity and it goes beyond. This (human dignity) requires equality, non-arbitraries, non-excessive, disproportionate or unreasonable impositions affecting their freedom rights, and, yet, doesn’t affect a minimum core of possibilities of have to a decent life, in conditions of freedom and self-conformation involved in the necessary consideration of the individual as a subject. All of this requires a decision-making process, molded by the citizenship, which reaches the entire development process of possible state interventions, to ensure the person as a subject, the right holder and the objective point of reference of the juridical relations. Thus, the citizenship represents a substantial and beneficial addition to the human dignity, since the emancipated citizen is a person, formally and materially, qualified, to be able to build their own and collectively organized history, to participate effectively in the making processes decision juridical and social

Análise da problemática socioambiental de nascentes urbanas no município de Garanhuns-PE

Garanhuns City, in Pernambuco, undergoes a rapid, polluting and non-organized urban development affecting its freshwater springs around the urban environment. These sources are of great importance to the district as well as to the hydrographic basin of the Mundaú River. In this view, this paper aims at analyzing the socio-environmental problems resulting from the urban expansion surrounding the Garanhuns’ sources. The study considers the social and environmental dynamics and follows the theoretical contributions of socio-environmental geography proposed by Mendonça’s Urban Environmental System methodological and theoretical model (2004), as well as the conceptual values of Santos’ space theory (2002a). The data treatment included bibliographical and documental research, evaluation of environmental impact, and water analysis. It revealed that Garanhuns possesses many local environmental traits favoring the coming out of freshwater springs and that these sources have played an important role in the making and development of that village. The environmental impacts on freshwater springs, like Olho D’água, Bom Pastor, Vila Maria, Pau Amarelo and Pau Pombo have been evaluated through the environmental impact score IIAN. It put alight serious cases of socio-environmental impacts on the dynamics of the freshwater springs. In the period of April 2013 and April 2014, it monitored the superficial water quality expelled by the Pau Pombo, Pau Amarelo e Vila Maria water sources, and the analyses of the contents followed the determinations of the Environmental National Board, whose parameters are dissolved oxygen, biochemical demand of oxygen, nitrate, total coliforms, faecal coliforms, and electrical conductivity. The results recollected suggest the existence of organic pollution and deep alteration in the water coming out from the sources. In consequence, it seems important the putting out of measures destined to stop those impacts and guaranteeing protection and maintenance of the freshwater springs and their micro-basins.

Território para viver: dinâmicas territoriais da comunidade quilombola de Acauã, Poço Branco, Rio Grande do Norte

In the late 1980s, the quilombola (or maroon) communities emerged on the Brazilian public scene. They established themselves as new collective subjects and ethnic groups, in a historical moment of sensitive political changes in several social conflicts and struggles, both in Brazil and in Latin America. Because of their socio-cultural and historical singularities, these communities have self-identified in the same collective expression and have organized in search of recognition and respect for their rights. Quilombo communities and other self-labeled as "traditional communities" seek to reaffirm their differences in opposition to a conscious colonizer cultural project and re-signify their memories and traditions, that serve as reference in the construction of alternative production projects and community organization. One of the distinguishing characteristics of this quilombola political emergence process is the territorial nature of the struggles, manifested in at least two directions: on the one hand, the struggle for legal and formal recognition of a given space, i.e., the regularization and titling of occupied territories, considering that the Brazilian Constitution of 1988 recognizes the right of these communities to the final possession of the traditional lands. On the other hand, the struggle for recognition of their territoriality in a broader sense, not necessarily restricted to the demarcated area, but as the recognition of a culture and its own way of life, that originated historically in these territories. The current accomplishments and challenges of the Brazilian quilombola communities are well exemplified by the quilombo of Acauã, in the Poço Branco municipality of Rio Grande do Norte. The last fifteen years have been marked by important changes in this community, which has gained visibility and has emerged as a new political player. Acauã identified itself as quilombola community in 2004, the same year that it formalized its political structure, through the creation of the Association of Residents of Quilombo Acauã (AMQA, in Portuguese). Also in 2004, it requested to the National Institute of Colonization and Land Reform (INCRA, in Portuguese) the opening of the process for regularization and titling of quilombo territory, which is at an advanced stage, but so far without definitive resolution. This study aims to understand the process of territorialization (struggle for territorial claim) played in the last fifteen years by the community of Acauã.

O direito penal do inimigo na atualidade: Mutual Legal Assistance Treaty – MLAT, em matéria penal, celebrado entre a República Federativa do Brasil e os Estados Unidos da América bem como seus reflexos na jurisdição brasileira

In view of the climate of instability and deep social inequalities, it has been evident in the Brazilian reality, a new way to punish systematic already developed and consolidated in other countries, in which, among other things, the criminality is anticipated only by danger that the individual sports. It appears, therefore, that the theory developed by Günter Jakobs, nominated Criminal Law of the Enemy, became subtly inserted in the Brazilian reality as well as in international relations signed. In this sense, the Brazilian State, in order to carry out the international legal cooperation in the criminal field, signed a mutual assistance agreement with the government of the United States of America. Forward the conclusion of Mutual legal Assistance Treaty (MLAT), the signatory countries voiced a desire to cooperate in order to facilitate the implementation of tasks of the authorities responsible for law enforcement in both countries, comprising research, investigation, prosecution and prevention of crime, said internalized adjustment in the Brazilian legal system by means of Decree No. 3810 of 02 May 2001. Alongside these considerations, the present study aims to analyze the Criminal law of the Enemy today, seeking to find evidence of that theory in the MLAT, international legal cooperation instrument signed between the government of the Federative Republic of Brazil and the government of the United States of America. Moreover, it has the objective to describe its effects on the Brazilian jurisdiction, especially as concerns the relativity and the suppression of human rights. Once done the introit, analysis will be carried out in the first chapter, on the definition and main features of the theory of Criminal Enemy of the law, it is imperative to approach the humanistic aspect that preceded the theory as well as the dealings given to some controversial issues surrounding it, such as the anticipation of the enemy's punishment and the disproportionality of the penalties imposed. In the second chapter will present the conceptual assumptions, historical evolution and the positives aspects, as well as the barriers and the pursuit of effectiveness of international legal cooperation. In the chapter, bedroom effective analysis of specific modality of cooperation will be held, the Mutual legal Assistance Treaty - MLAT in criminal matters, signed between the Federative Republic of Brazil and the United States of America, in which the general aspects will be addressed and the MLAT reflections on the Brazilian jurisdiction, which includes analysis about the relativity or suppression of human rights, future trends and creating stricter laws, followed by the presentation of the seized conclusion on the subject, in which, among other approaches, will be voiced understanding about the unconstitutionality certain service requests that, from these, there is the bad use of the agreed instrument.

Uma arquitetura distribuída de hardware e software para controle de um robô móvel autônomo

BRITTO, Ricardo S.; MEDEIROS, Adelardo A. D.; ALSINA, Pablo J. Uma arquitetura distribuída de hardware e software para controle de um robô móvel autônomo. In: SIMPÓSIO BRASILEIRO DE AUTOMAÇÃO INTELIGENTE,8., 2007, Florianópolis. Anais... Florianópolis: SBAI, 2007.