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

Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

A tutela constitucional da exploração de petróleo em águas internacionais em face do princípio do desenvolvimento sustentável: a possibilidade de responsabilização civil do dano futuro

The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atlântico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage

Responsabilidade civil como função social na distribuição e revenda de combustível face ao direito do consumidor e ao meio ambiente

The civil liability of the distribution and retail fuel stems from the fact business activity developed to be high risk and can be said as risk inherent or latent danger that has predictability and normality characterized by placing the consumer in a position of vulnerability, such as the environment, both public policies defined and constitutional protection. Consumer protection as a fundamental right and the environment as the primacy of social order aims the welfare and social justice, as inserted right to the third dimension, are guarded by the State when it creates operational standards through public policies and indirectly intervenes in the economic order. This intervention is due to consumer protection and the environment are economic order principles, founded on free initiative and free competition, ensuring everyone a dignified existence which underlies the irradiation of fundamental rights in private initiative, before the commercial evaluation, mass consumption, the emergence of new technologies that link consumers to the environment before the protection of life, health and safety and ensuring a better quality of life for present and future generations. To repair this damage and the right to information are provided as fundamental rights that put the person at the epicenter of the relations and collective interest stands out against individual interests that to be done need public-private partnership. In such a way that the used methodology was an analysis of documents correlating them with bibliographic sources whose goals are to recognize the civil responsibility as limit to subjective right, having to develop a social function where guilt and risk grow distant and the damage is configured as a consequence of inherent risk, requiring the State interventional postures in fulfilling its public policy; prevailing in these risky activities the solidarity of those involved in the chain of production and socialization of damage forward those are provided directly of products of hazardous nature that put in a position of vulnerability the environment and the consumer

Avaliação do desenvolvimento sustentável na bacia hidrográfica do Rio Seridó em face das políticas públicas e da gestão dos recursos hídricos

The reality of water resources management in semiarid regions, such as the Seridó region, has been shaped by a complex chain involving social-cultural, political, economic and environmental aspects, covering different spheres of activity - from local to federal. Because water is a scarce element, the most rational way pointed out by our recent history has been to move towards an increasing emphasis on the need for a truly rational, integrated, sustainable and participatory water resources management, supported by legislation and by a network of institutions that could materialize it. In this sense, despite all the advances in the formulation of public policies in water resources, which ones have indeed lead to significant changes that have occurred or are underway in semiarid regions such as Seridó? What factors may be preventing the realization of the desires rationality embedded in the framers of water policies intents? How to properly manage water resources if the current actors who promote their management and the political, human, cultural and institutional processes that intervene in this management, show strong traces of unsustainability? The research methodology adopted in this paper led to a breakdown of the traditional approach to water resource management, to integrate it into other areas of knowledge, especially to political science and public administration, catalyzed by the concept of "sustainable development". From a broad, interdisciplinary literature review, an exhaustive characterization of the river basin Seridó, a set of interviews with key people in the public administration acting in the region, a series of diagnoses and a set of propositions were made in order to correct the direction of current public policies for the region. From the point of view of public policies, it is in the deployment phase, not in its formulation, which lies a major problem of the lack of significant progress in water management. The lack of coordination between government programs are well characterized, as well as the lack of efficiency and effectiveness of their actions. The causes of this secular model are also discussed, including political factors and social relations of production, which led to a stalemate difficult, but of possible solution. It can be perceived there is a scenario of progressive deterioration of natural resources of the fragile ecosystem and a network of environmental and social consequences difficult to reverse, the result of a persistent and inertial sociopolitical culture, whose main factors reinforce itself. The work leads towards a characterization of the water resources management also from the perspective of environmental, institutional, political and human sustainability , the latter being identified, particularly as investment in the development of people as autonomous beings - not based in ideological directives of any kind - in the emancipation of the traditional figure of the poor man of the hinterland" to the "catalyst for change" responsible for their own decisions or omissions, based upon an education for free-thinking that brings each one as co-responsible epicenter of (self-) sustainable changes in their midst

Disponibilidade hídrica potencial em face da distribuição espaço-temporal das precipitações no Estado do Rio Grande do Norte

The state of Rio Grande do Norte, possessor of an extremely irregular regime of rains, has the necessity of enlarge and specify the researches about its own hydro-climatic conditions, to achieve trustworthy results that are able to minimize the adversities imposed by these conditions and make possible the implementation of a better planning in the economic activities and of subsistence that somehow utilize of the multiple uses of hydro resources of the State. This way, the daily values observed from the pluviometric series of 166 posts, with 45 years uninterrupted of historic data, were adjusted to the incomplete gamma function to the determination of the probability of rain in the 36 period of ten days in which the year was divided. To the attainment of the α and β parameters of this function it was applied the method of the maximum verisimilitude allowing, in the end, to analyze the temporal and spatial distribution of the rain in the level of 75% of probability. The values of potential evapo-transpiration were calculated by the Linacre method that, through the SURFER software, were confronted with the dependant rain, obtaining, in this way, the spatialization of the potential hydro availability, which the values can be known to any period of ten days of the year, city and/or region of the state of Rio Grande do Norte. With the identification of the main meteorological systems that act in the State, we sought to better comprehend how this systems interfere, in the irregular regime of rain, in the situations of several clime in the major part of Rio Grande do Norte and in the hydro regional balance. And, finally, with these data in hand and with the generated maps, we verified that space-temporal distribution of the rain and of the potential hydro availability were heterogeneous in the whole State, mainly in the West and Central regions, inserted in potiguar s semi-arid, which, after the period of the rains station, suffers with dry season and length drought during the rest of the year

Os focos de resistência face ao poder disciplinar: afetos e sociabilidades nos discursos de uma apenada

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

A percepção das características da face infantil por adultos e crianças sob uma perspectiva evolucionista

Child facial cues evoke attention, parental care behaviors and modulate for infant- caretaker interactions. Lorenz described the baby schema ( Kindchenschema ) as a set of infantile physical features such as the large head, round face, high and protruding forehead, big eyes, chubby cheeks, small nose and mouth. Previous work on this fundamental concept was restricted to positive perception to infant face, and did not show consistent results about the development individuals perceptions, regarding the physical attributes that worked as markers of cuteness. Here, we experimentally tested the effects of baby schema on the perception of cuteness of infant faces by children and adults. We used 60 none graphically manipulated photos of different stimulus children faces from 4 to 9 years old. In the first task for the adults experimental subjects, ten stimulus photos were shown, whereas for children experimental subjects, four stimulus photos were shown at a time, with a total of six rounds. The second task involved only adults, who indicated the motivation of affective behaviors and care directed to children through a Likert scale. Our results suggest that both participants judged similarly the cuteness of children's faces, and the physical features markers of this perception were observed only for younger stimulus children. Adults have attributed more motivations of positive behaviors to cuter stimulus children. The recognition of the baby schema by individuals of different ages and genders confers the universality and power of children's physical attributes. From the evolutionary perspective the responsiveness to baby schema is significant to ensure aloparental and parental investment, and the consequent children survival

Geografia, turismo e meio ambiente: uma nova face do litoral dos municípios de Extremoz e Ceará-Mirim

La presente pesquisa contempla reflexiones referentes de la actividad turística en la organización socio-espacial en el litoral de las comarcas de Extremoz y Ceará-Mirim, región de la Grande Natal. Nuestro objetivo principal es el estudio de las transformaciones del espacio y de sus implicaciones socio-ambientales en curso en el proceso de producción del espacio turístico en el litoral de las referidas comarcas desde 1997 hasta 2007, momento de importancia publica-privada que, a partir del PRODETUR, tuvo la base para el incremento de las potencialidades turísticas. En este sentido, varias fueron las técnicas para una mejor compresión de las aspiraciones y de la percepción de los actores envueltos con la actividad turística (comerciantes, turistas, populación y poder publico local) para conocer cuales son sus consideraciones en cuanto a los cambios que proceden de la implantación de la actividad turística en el lugar, cuanto a la mejora de la calidad de vida, de la generación de empleo y de renta, comercialización, conservación, preservación del ambiente, cumplimiento de la legislación, afirmación cultural así como las acciones puestas en ejecución en las comarcas. Para tal necesidad, se buscó analizar los datos estadísticos a partir del uso de los cuestionarios con preguntas estructuradas y semi-abiertas como instrumento de colecta de información que les era correlacionada con la opinión de los actores locales de modo que podamos formar y entender los elementos básicos que son parte de los espacios turísticos en foco. Fueran utilizadas fotografías aéreas de las comarcas de Extremoz y Ceará-Mirim, provistas por el IDEMA, con la intención de percibir acerca de los cambios del espacio y las implicaciones socio-ambientales de la área en estudio. Concluimos en función de los resultados que el modelo de Turismo concebido por lo Brasil, estimulado y financiado por lo Gobierno Federal, está insertado en el contexto de la economía global y, por lo tanto, el Estado del Rio Grande del Norte, en específico los espacios litoraneos de las comarcas de Extremoz y Ceará-Mirim, que poseen características similares a este modelo, con sus particularidades, que si traduzca por la exclusión social, formas de apropiación privada de los espacios público y áreas de protección ambiental como las playas, las dunas y las lagunas, el desacato o no el cumplimiento de la legislación ambiental, aumento de las desigualdad de renta en una región que posee una problemática social grave y sin inversión, implantación de la infraestructura, ausencia de política pública local, donde los intereses económicos son prioridad delante de las aclamaciones populares. Se sugiere un repensar cuanto al modelo actual de desarrollo adoptado, que el planeamiento sea pautado en base a la participación integrada de los varios agentes implicados con la actividad turística, incluyendo en la medida del posible, las aspiraciones de la población local como precusoras de sus reales necesidades, donde esta acción interactiva contestará ciertamente en un esfuerzo significativo en la construcción de un nuevo paradigma, modelo del desarrollo sustentable, siendo posible superar gradualmente el incremento de la pobreza, de la exclusión y de los impactos ambientales, donde la calidad de vida sea factor fundamental

Os farofeiros em excursão nas lagoas de Arituba, Boágua e Carcará (Nísia Floresta/RN): análise de uma outra face do turismo potiguar

This thesis analyzes another side of Potiguar tourism , the unplanned side, neglected and kept out of touristic activities: excursionism, a leisure practice enjoyed by tourists with low consumer power, and who are commonly referred by the pejorative term farofeiros (picnic lovers). The geographic research sites considered for this study include Arituba, Boágua and Carcará lakes in Nísia Florest, Rio Grande do Norte, where on Sundays and holidays the arrival of hundreds of excursionists, from around the metropolitan region of Natal, from surrounding municipalities, and neighboring States, such as Paraíba and Pernambuco, can be observed. The objective of this study is to analyze the appropriation of the physical site by the practice of excursionism, focusing on its relation to other social agents that also appropriate a designated touristic area. The theoretical discussion considers the use of the space by the touristic leisure practice and the appropriation by distinct social agents, using categories of analysis, such as, production of the space, territory and leisure. The field work was completed with interviews and questionnaires administered to excursionists, excursion organizers, local merchants, representatives of the public setor from the municipalities, and professional dune buggy drivers; besides this, photos, informal dialogue and field observations were important methodological instruments used. From the data, statistical analysis and the development of thematic maps demonstrating the established flux between excursionists and the segregated activity were done. With this research, one can affirm that the practice of excursionism is neglected by the public sector, contrary to the intention of the hegemonic agent‟s intentionality present in this touristic territory which aim at the development of a lucrative activity, geared toward tourists with greater spending power. This ignored and neglected faction of Potiguar tourism is considered poor or dirty , and generate conflicts among the distinct social agents: tourists, the market and the public sector, simultaneously peaking interest, which is then appropriated by the informal sector and formal economy. Excursionism is an expressive phenomenon, a socially relevant practice, enjoyed by citizens of the working class who, in order to have a day of leisure, use alternative consumer practices and subvert various strategies of segregation that are imposed within these tourist areas, behavior that, in part, justifies the nickname, picnic lovers , given to these tourists