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

Análise conceitual e pensamento crítico: uma relação complementar na enfermagem

ENDERS, Bertha Cruz ; BRITO RS ; MONTEIRO, Akemi Ywata. Analise conceitual e pensamento critico: uma relacao complementar na enfermagem. Rev Gaucha Enferm, Porto Alegre (RS) 2004 dez;25(3):295-305.

Análise conceitual e pensamento crítico: uma relação complementar na enfermagem

O propósito deste trabalho é mostrar a relação entre o processo de análise conceitual e as habilidades de pensamento crítico na enfermagem. Utilizando uma abordagem de ensaio discursivo, argumenta-se que a técnica de análise conceitual promove a criticidade em alunos de enfermagem. Os passos da atividade de análise são examinados quanto às operações cognitivas neles inseridas e que representam habilidades de raciocínio crítico. Reflete-se sobre a análise conceitual como atividade didática na promoção do pensamento crítico em uma experiência com alunos de graduação. Conclui-se que os dois processos se complementam no repensar e no enfrentamento de desafios na enfermagem

Análise de conceito do diagnóstico de enfermagem autocontrole ineficaz da saúde em pacientes submetidos à hemodiálise

The concept analysis process carefully examines the description and uses of a word or term, enabling the standardization of language, in addition to providing representation to the profession, and facilitate the work of taxonomies. The aim of the study was to analyze the concept of nursing diagnosis ineffective self-health in patients undergoing hemodialysis. Study concept analysis, based on Walker and Avant model and operationalized through integrative literature review. The databases searched were: SCOPUS, CINAHL, PUBMED, LILACS and COCHRANE, with descriptors: Selfmanagement, Adherence and Hemodialysis. The inclusion criteria were: articles published in the last five years, complete articles are available free in selected databases; articles available in Portuguese, English or Spanish; and articles that address the self-concept of health, the antecedents and the consequent. And Exclusion: editorials, letters to the editor, theses and dissertations. The survey of the articles occurred in the months from January to March 2014. The initial sample of 16785 articles, with 11748 in PUBMED, 4767 in Scopus, 174 in CINAHL, the Cochrane 70 and 26 in LILACS. After applying the criteria, 76 articles were selected, 19 in CINAHL, 18 in PUBMED, 30 in Scopus, and 9 in LILACS. In analyzing the data, given that the concept was sought in the literature was self-health, was held interpretation to ineffective self-health diagnosis through the transposition in the denial of the attributes, antecedents and consequences identified. It is noteworthy that the terms identified in the literature as defining characteristics and related factors of the diagnosis under study were added to the survey, not even the transposition into opposite term is possible. The results show that the concept developed for the inefficient self-health diagnosis was: the patient's inability to control habits and achieve the negotiated with professionals therapeutic targets, resulting in health complications. 33 antecedents relating to social, psychological and therapeutic aspects and 16 consequential, involving physiological, social, psychological and therapeutic aspects were identified. Thus, it is concluded that the ineffective self-health concept is broad and involves individual patient factors and the therapeutic relationship between patient and professionals. It is believed that the study contributed to the improvement of diagnosis in renal clientele, besides being an important base for the growth of the scientific body of nursing, subsidizing the development of own technology area

Validação do conteúdo do diagnóstico de enfermagem proteção ineficaz para pacientes submetidos à hemodiálise

Methodological study, in order to validate the content of the nursing diagnosis protection ineffective in patients undergoing hemodialysis. The research took place in two stages, namely: concept analysis and content analysis of the instrument by experts. T he first step was operationalized through an integrative review of the databaes LILACS, CINAHL, PubMed, Scopus and Cochrane, with the key words protection and hemodialysis, in October and November 2013. The sample consisted of 32 articles, which were analyz ed by a c areful reading to identify the sections that correspond ed to the defining attributes , antecedents and consequences of protection in patients undergoing hemodialysis. T he interpretation for the diagnosis of effective protection was made by transpos ing the components of the diagnosis (definition, defining characteristics and related factors) to the denial form . In the second stage, we elaborated an instrument with the components of the nursing diagnostic s studied and proceeded to the analysis conduct ed in April 2014 by 22 specialists in nephrology and in the terminology of the NANDA International, selected by means of th e Lattes Platform . We used the binomial test to assess the proportion of experts who rated each item as appropriate, considering a si gnificance level of 5%. The project was approved by the Ethics Committee of the institution responsible for the research, an opinion on num b er 387 837 and CAAE 18486413.0.0000.5537. The results show that the proposal for the nursing diagnosis of ineffectiv e protection in patients undergoing hemodialysis is: definition - the same as that presented in the NANDA International Taxonomy II, location - domain safety / protection and class injury. Related factors are: Absence of routine vaccines; Non - adherence to care related to vascular access; Non - adherence to infection control measures; Non - adherence to prescribed diet; Non - adherence to drug therapy; Presence of comorbidities; Drug abuse; Immune disorders; Extremes of age; Abnormal blood profiles; Drugs that red uce immunity; and side effects and adverse treatment - related. The defining characteristics are: Presence of invading the bloodstream; Nutritional disorders; Increase in the number of hospitalizations; Uncontrolled dry weight; Infected vascular access; Vasc ular inadequate access; Increased blood pressure; fever; Bleeding disorder; Disability immunity; fatigue; weakness; itching; and maladaptive response to stress. It follows that the identification of the defining attributes, antecedents and consequences inc reased the wealth of vocabulary, allowing the construction of theoretical and empirical definitions for a broader understanding of the concept protection. Furthermore, the study contributed to the enrichment of nursing specific body of knowledge, as well a s in the direction of nursing care for patients undergoing hemodialysis.

Gravidade do olho seco em pacientes internados em unidade de terapia intensiva: análise de conceito e construção de definições

Dry eye syndrome is a multifactorial disease of the tear film, resulting from the instability of the lacrimal functional unit that produces volume change, up or tear distribution. In patients in intensive care the cause is enhanced due to various risk factors, such as mechanical ventilation, sedation, lagophthalmos, low temperatures, among others. The study's purpose is to build an assessment tool of Dry Eye Severity in patients in intensive care units based on the systematization of nursing care and their classification systems. The aim of this study is to build an assessment tool of Dry Eye Severity in hospitalized patients in Care Unit Intensiva.Trata is a methodological study conducted in three stages, namely: context analysis, concept analysis, construction of operational definitions and magnitudes of nursing outcome. For the first step we used the methodological framework for Hinds, Chaves and Cypress (1992). For the second step we used the model of Walker and Avant and an integrative review Whitemore seconds, Knalf (2005). This step enabled the identification of the concept of attributes, background and consequent ground and the construction of the settings for the result of nursing severity of dry eye. For the construction of settings and operational magnitudes, it was used Psicometria proposed by Pasquali (1999). As a result of context analysis, visualized from the reflection that the matter should be discussed and that nursing needs to pay attention to the problem of eye injury, so minimizing strategies are created this event with a high prevalence. With the integrative review were located from the crosses 19 853 titles, selected 215, and from the abstracts 96 articles were read in full. From reading 10 were excluded culminating in the sample of 86 articles that were used to analyze the concept and construction of settings. Selected articles were found in greater numbers in the Scopus database (55.82%), performed in the United States (39.53%), and published mainly in the last five years (48.82). Regarding the concept of analysis were identified as antecedents: age, lagophthalmos, environmental factors, medication use, systemic diseases, mechanical ventilation and ophthalmic surgery. As attributes: TBUT <10s, Schimer I test <5 mm in Schimer II test <10mm, reduced osmolarity. As consequential: the ocular surface damage, ocular discomfort, visual instability. The settings were built and added indicators such as: decreased blink mechanism and eyestrain.

Análise conceitual e pensamento crítico: uma relação complementar na enfermagem

ENDERS, Bertha Cruz ; BRITO RS ; MONTEIRO, Akemi Ywata. Analise conceitual e pensamento critico: uma relacao complementar na enfermagem. Rev Gaucha Enferm, Porto Alegre (RS) 2004 dez;25(3):295-305.

Análise conceitual e pensamento crítico: uma relação complementar na enfermagem

O propósito deste trabalho é mostrar a relação entre o processo de análise conceitual e as habilidades de pensamento crítico na enfermagem. Utilizando uma abordagem de ensaio discursivo, argumenta-se que a técnica de análise conceitual promove a criticidade em alunos de enfermagem. Os passos da atividade de análise são examinados quanto às operações cognitivas neles inseridas e que representam habilidades de raciocínio crítico. Reflete-se sobre a análise conceitual como atividade didática na promoção do pensamento crítico em uma experiência com alunos de graduação. Conclui-se que os dois processos se complementam no repensar e no enfrentamento de desafios na enfermagem

Tributação, finanças públicas e política fiscal: uma análise sob a óptica do direito e economia

In the Brazilian legal scenario, the study of taxation has traditionally been restricted to positivist analysis, concerned with investigating the formal aspects of the tax legal rule. Despite its relevance to the formation of the national doctrine of tax, such formalist tradition limits the discipline, separating it from reality and the socioeconomic context in which the Tax Law is inserted. Thus, the proposal of the dissertation is to examine the fundamentals and nature of taxation and tax legal rules from the perspective of Law and Economics (Economic Analysis of Law). For this purpose, the work initially reconnects the Tax Law and Science of Finance (or Public Finance) and Fiscal Policy, undertaking not only a legal analysis, but also economic and financial analysis of the theme. The Economics of Public Sector (or Modern Public Finance) will contribute to the research through topics such as market failures and economic theory of taxation, which are essential to an economic approach to Tax Law. The core of the work lies in the application of Law and Economics instruments in the study of taxation, analyzing the effects of tax rules on the economic system. Accordingly, the dissertation examines the fundamental assumptions that make up the Economic Analysis of Law (as the concept of economic efficiency and its relation to equity), relating them to the tax phenomenon. Due to the nature of the Brazilian legal system, any worth investigation or approach, including Law and Economics, could not pass off the Constitution. Thus, the constitutional rules will serve as a limit and a prerequisite for the application of Law and Economics on taxation, particularly the rules related to property rights, freedom, equality and legal certainty. The relationship between taxation and market failures receives prominent role, particularly due to its importance to the Law and Economics, as well as to the role that taxation plays in the correction of these failures. In addition to performing a review of taxation under the approach of Economic Analysis of Law, the research also investigates the reality of Brazilian tax system, applying the concepts developed in relevant cases and issues to the national scene, such as the relationship between taxation and development, the compliance costs of taxation, the tax evasion and the tax enforcement procedure. Given the above, it is intended to lay the groundwork for a general theory of Economic Analysis of Tax Law, contextualizing it with the Brazilian tax system

Emprego formal na região nordeste brasileira: seus efeitos na inclusão social

This work aims to study the problem of the formal job in the Brazilian Northeast region and its effect in the social inclusion, taking for base the analysis of variables defined in the Atlas of Social Exclusion, which is based on the 2000 Brazilian Census, choosing the county as unit of analysis. As methodological options, an exploratory data analysis was performed, followed by multivariate statistical techniques, such as weighted multiple regression analysis, cluster analysis and exploratory analysis of spatial data. The results pointed out to low rates of formal job for the active age population as well as low indexes of social inclusion in the Northeast region of Brazil. A strong association of the formal job with the indicators of social inclusion under investigation, was evidenced (schooling, inequality, poverty, youth and income form government transfers), as well as a strong association of the formal job with the new index of social inclusion (IIS), modified from the IES. At the Federative Units, in which better levels of formal job had been found, good indexes of social inclusion are also observed. Highlights for the state of the Rio Grande do Norte, with the best conditions of life, and for the states of the Maranhão and Piauí, with the worst conditions. The situation of the Northeast region, facing the indicators under study, is very precarious, claiming for the necessity of emphasizing programs and governmental actions, specially directed to the raise of formal job levels of the region, reflecting, thus, in improvements on the income inequality, as well as in the social inclusion of the population of Northeastern natives.

Industrialização e emprego formal: uma análise para os municípios da região metropolitana do Cariri nos anos de 1990 e 2000

The Northeast has a record of fighting to reduce disparities. In late 1950, the state intervened through SUDENE, organizing and planning the promotion of development through industrialization. This study aims to identify the characteristics of the industrialization of the Northeast and evolution of formal employment in the metropolitan area of Cariri, located in the southern state of Ceará, in the case of the municipalities of Crato, Juazeiro do Norte and Barbalha (CRAJUBAR) in decades of 1990 and 2000. The assumption permeates the SUDENE with public policies to encourage the industry, causing profound changes in the cities studied. The results indicate that the Cariri since the 1960 has been benefiting the programs implemented by SUDENE. With the implementation of these programs, with in a set of circumstances based on local vocations and state policies, there was a spatial distribution industry, triggering a growth and development on the provision of formal jobs in the industrial sector

Reconfigurações industriais das regiões metropolitanas do Nordeste: uma análise a partir do emprego formal

Industrial development experienced by Brazil from the 1950s, changed the concentration of population in the country. The process of development of domestic industry, concentrated in urban areas, crowded growing portion of the population.The Southeast region during the first stage of industrialization driven by the state, with the implementation of Plan goals, captained the major industrial projects implemented in the period and became the main industrial center of the country.In the decade from 1960 to 1980 the state action was marked by numerous regional development projects, softening the industrial concentration and Brazilian investment redirected to the Northeast.The second National Development Plan implemented in the 1970s led to major investments Northeast.This period marked the widespread urban growth and institutionalization of the first metropolitan areas in Brazil.The change of this developmental process is altered with the fiscal and financial crisis of the state in the 1980s and 1990s and spending cuts aimed at national development, reorienting the economy to liberal policies of economic liberalization and reduction of activity in the economy.Industrial policy was relegated to local development plans from the 1990s to the federating units fitting the wide use of tax incentives, the "war tax" to the continued industrialization process.In this context of the national economy work seeks to analyze the industrial setting in the metropolitan areas of Fortaleza, Recife and Salvador between 1995 and 2010.Although the metropolitan areas of Fortaleza, Recife and Salvador are the main urban centers of the Northeast, responsible for the advancement of industrial development, reconfigurations occurred between 1995 and 2010 by changing the level of industrial specialization built by regional division of labor in these regions.The work will be carried out by the method of descriptive analysis of the literature review on regional and urban development.Constitute quantitative method as the secondary data analysis of formal employment from the Annual Social Information (RAIS) Ministry of Labour and Employment (MTE).Using data RAIS / MTE analyzes the industrial specialization index using the Locational Quotient (LQ).Thus, it is assumed as a parameter analysis QL> 1, when the region has become specialized in a particular sector or QL <1, when the region does not have expertise in industrial sector analyzed.The conclusion of study indicates that there was in these metropolitan areas maintained the same bias hub.Fiscal policies, the states, was not successful in diversifying the productive structure and the Northeast region itself.This result is demonstrated by the need and dependence on state investments in the region to promote development.Industrial policies of recent years have been positive to meet the objectives of employment generation, but there must be specific policies for better diversification of production, in addition to integrating the economy of the Northeast sector and regionally

Gêneros do discurso e escrita: o que as coleções didáticas de português (des)prestigiam no ensino da produção textual?

Through the examination of official indicators, it can be observed that writing is pointed out as one of the main problems concerning formal basic education. However, this teaching-learning object is one of the central objectives at school, having an essential role in different curricular components as well as in the interaction demands required by society. Such paradox indicates, therefore, the relevance of investigations which analyze the intrinsic elements of child development as written text producer. Hence, the main purpose of this research consists of analyzing the treatment given to the types of discourse and the teaching situations in which the written text are produced, concerning Portuguese language didactic material collections approved by Programa Nacional do Livro Didático (PNLD 2010) the Brazilian program of didactic book and worked at elementary school. Such materials correspond to the collections adopted in municipal education system schools from Natal, RN which were below the official education indicator IDEB 2009. Thus, the questions that guide this work are: 1. During writing production lessons, is the diversity of types of discourse effectively worked on didactic collections? 2. Which are the types of discourse and the social spheres prioritized when teaching writing production? 3. How is the situation addressed in the production of the written text should be produced? For this research, we retook the authors Bakhtin, Bunzen, Faraco, Freire, Rodrigues, Rojo, Schneuwly e Dolz and we made a list of all types of discourse and spheres contemplated in the propositions of the writing production in didactical books, concerning the eight collections which compounds the first moment of analysis. Then, we verified how the situation of production is oriented by examining two didactic collections if and how they express the elements referring to the social-historical, functional and linguistic-discursive context of the text to be produced. The data obtained indicate: lack of diversification of types of discourse in the collection that compounds the Aggregate Sample of the research; the conception of a diversity based on the didactic of visiting; the recognition of all canonical and hegemonic types of text as one of the privileged objects of study; the centralization on the standard variety of the language and the devaluation of the representative types of cultural diversity; the shortage of productions which retrace to written language related to different technologies of communication and information; and the little emphasis on the types of discourse related to public language practices. As for the situations of production, it is observed the predominance of the school as a producer of dialogic relationships, whose propositions present, for example, text addressees, enunciative positions, support and contexts of restricted circulation, especially at school. Two divergent situations are observed among the collections: the lack of a work in which the situation of production is under the perspective of the types of discourse as object of teaching-learning; the concept of the types of discourse as object of reflection, presenting a differentiated didactic orientation towards the situation of production. This research contributes, therefore, with a mapping of the existence and the treatment of the types of discourse on propositions of writing production in didactic books; with the critical analysis of the approach of written activities, considering the elements of the historical-social, functional and linguistic-discursive context; thus, through teaching, research and public policies, use and selection of didactic material for the area

Um estudo da aplicação do conceito de risco na conscientização e conhecimento de estudantes de ensino técnico sobre riscos de segurança e saúde ocupacional em laboratório de soldagem

This dissertation presents a discussion on the level of risk awareness of students who have welding practice in the laboratories at CEFET/PI, both in Teresina and Floriano. Its main goal is to investigate risk factors involving students, teachers and employees that work in these laboratories. It s an empirical survey, held among a certain amount of students from the course in Mechanic Technology. For data analysis, the concept of risk was compared to the students direct measure of perception. The main results suggest the students must be better informed, more risk aware and more competent, in order to avoid accidents. They also point to a strong need for a more formal and effective performance to assure full consciousness about the risks involving the welding practice.

Vaga-lume na treva: a poesia de João Lins Caldas

This thesis analyses the poetry of João Lins Caldas (1888-1967), in Brazilian literature context, aiming at describing and understanding the main features of his poetry. Thus, this research presents a corpus to be worked on: the poems in Poeira do céu e outros poemas (2009). Our study is characterized by a biographical, historiographical and critical tendency, by trying to organize the manuscripts of the author and biographical aspects while analyzing his poems. It is showed the relation between Brazilian poetry written by some authors, since the parnasianism and symbolism period until the twentieth century. On the one hand, our analysis is based on the ideas and criticism by Antonio Candido (2006; 2002; 1985), discussing the process of formation of Brazilian literature and the procedure to analyse poetry. It is also based on the concept of poetry and resistance, developed by Alfredo Bosi (2000; 2002), and the notion of Brazilian matter, identified by Roberto Schwarz (1987, 1997, 1999). On the other hand, this work focuses on melancholy under the theoretical ideas of authors such as Aristotle (1998), Walter Benjamin (1984), Jaime Ginzburg (1997) and Moacyr Scliar (2003). This focus on melancholy contributes to a better understanding of one of the main themes found in the poems analysed. By studying the poetry of João Lins Caldas, it was perceived the relevance of melancholy and resistance in his verses. This can be seen in his dissonant language, characterized by the broken syntax in his verses, as well as contradictory images and complex meanings in his poetry. This causes the effect of unfamiliarity on the reader. His poetry is the result of a style that finds its place in the best moment of modern Brazilian poetry and reveals its singularity through the inverted syntax with powerful themes such as love, death, pain, delusion, loss, memory, nature and God. All of them are aspects of Brazilian historicity. Finally, the work of João Lins Caldas is part of a multifaceted poetry