Espaços especiais em Natal (moradia e meio ambiente): um necessário diálogo entre direitos e espaços na perspectiva de proteção aos direitos fundamentais na cidade contemporânea

Some protected special spaces on behalf of fundamental rights to the environment and the housing at the city of Natal are fragile by facing actions and attempts to suppress and changing (or omission in the implementation) of standards in furtherance of those rights at the local level, which seems to reflect a situation that goes beyond the context of the city. Based on integrated approach of the housing rights and the environment and its protection of special spaces on the field of fundamental rights, the thesis seeks to understand the weaknesses that affect the legal state duty under the realization/implementation of fundamental rights to the environment and housing in cities, focusing on the issues of flexibility of the founding legislation of special spaces to the detriment of the attributes they protected and the lack of implementation of the legal system that allows their effectiveness. So, it looks initially to understand the environment and housing rights and their special protected areas in the brazilian legal system, looking forward the evolution of its legal protection, as well as the weaknesses that emerge in the field of their effectiveness. Analyzing the trajectory of the environment and housing rights and their special protected areas in Natal, considering its standards, attributes, protection indicators, weaknesses and negative evidence within its legal protections and their enforcement by state entity, this thesis proposes to verify the existence of forms to confronting the weaknesses founded in the maintenance of legal protection and its implementation. At this point it discusses the legal basis and safeguard instruments of protection, especially within the juridical field, as part of a (re)discussion about issues of legislative and administrative discretion in the face of objective legal state duty to realization/implementation of fundamental rights in the urban space. With all these issues together the thesis does not ignore the scenario where the dividing line between public and private (economic) are becoming ever more tenuous in the field of state action and where the city stands as a special commodity to the reproduction of real estate, according to the interests of capitalist logic

Trabalho, pobreza e caridade: as ações do Padre Ibiapina nos sertões do Nordeste

This work started from an investigation concerning the process of education, moralization and disciplining of the poor in the backlands of the Brazilian Northeast region, in the second half of the 19th century, through the incorporation of the values of productive work. In order to do so, we took as our field of investigation the missions of Father José Antônio Pereira Ibiapina (1806-1883), in which an extensive work was developed, including the construction of twenty two (22) charity houses in the States of Rio Grande do Norte, Paraíba, Pernambuco, Ceará e Piauí, but also of weirs, churches, graveyards, hospitals and so forth. Given the socio-historical character of the research, we adopted qualitative methods of analysis and the following procedures: survey and analysis of documents, statute and internal rules that ordered the workings of the charity houses; biographies on Father Ibiapina and the missions‟ reports, as well as various sorts of publications on the missionary. Our study comprises his 27 year-period of missionary-religious activity (1856-1883), and undertakes an analysis on the topic of poverty, since the medieval Christian take on it until modernity, when it stops representing a value and becomes a problem to be solved through work. The socio-political context in which Ibiapina lived in the Northeast was marked by the consequence of droughts and economic crises in the region. The analysis of the documents indicates that, in the circumstances of political weakness and lack of interest for regional demands by the national political agenda, his missionary actions produced strong effects. Starting from an ethics of valorization of work, which combined modern and traditional elements, his actions set up disciplinary, moralizing and civil educational practices of the poor, founding, simultaneously, a pragmatic religious experience directed at the resolution of the problems caused by poverty. In that sense, we observe that such actions are connected to the broader process of moralization and education of the poor, but the analysis also suggests that their inscription into the social order articulated both forward as well as conservative aspects of the established system

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional

Educação escolar para crianças: o que dizem sujeitos deste direito?

The text aims to discuss the problems that this would be set: - What are the concepts of public school children about their right to primary education, as required step in the Basic Education? - What are conducted by children on the elementary school, in terms of its structure, teaching, and acquisitions provide for their users, especially when it comes to literacy? In order to answer these questions, we conducted within the qualitative a case study within twenty children of the early years of elementary public school, ten of the School Mauricio de Sousa and ten children of the School Monteiro Lobato. with construction procedures of data, we worked with observation, semi-directive interview, questionnaire and document analysis. In analyzing the data, two categories emerged: right to education and school for children. The first focuses on what children think about the legal guarantee to school, seeking to understand if they understand the educational area as a right and relate what the law says and the reality in which they participate. The category for school children, including their purposes, characteristics, space literacy and its relationship with the teacher. In this sense, we comment, taking as its founding, the speech of children in their schools, focusing on how they perceive the school in terms of its structure and functioning, relations with the knowledge and the other children. With regard to child rights, the appreciation of Brazilian children should be the basis of the struggle for a more just, democratic, nondiscriminatory. However, children show not recognize education as a right, but as one who deserves the credit, that is, those children who are always attentive, do not fight and do not complain. In interviews, children express a simple wish child that the school had toys. A school for children should be a place with its own characteristics: cheerful, lively, colorful, which included the same time, security and challenges. Children point to the hope that the course of action the teacher was guided by respect their differences in a more emotional, especially with regard to issues of authority and discipline of the group. The most important learning is for all subjects learning to read / write, differing in the idea of how to learn. Unfortunately, for some students, learning reading and writing appears as a difficult and enjoyable process is not perceived by some subjects up to recognize the instrumental writing. Finally, we point to the actors of the school to launch a more accurate to say that the children and how to outline your main locus of learning

Quadrinhos nas aulas de ciências: narrando uma história de formação continuada

Located at the intersection of Science Education, Teacher Training and use of didactic Comics (HQ), the text aims to discuss the problem which thus sets: - What is the contribution of the incorporation of comics in the continuing education of teachers Natural Sciences of the early years of elementary school? - May be the comics for enabling science teaching? - How to contribute to a reflexive training of teachers of the early years? - In order to answer these questions, there was a collaborative action research in a school located in the city of Natal / RN, with three teachers who teach natural science in the early years of elementary school. The study involved the conduct of 13 meetings of in-service, under the focus on reflective practice, with the purpose of discussing topics underlying the teaching of science and the use of comics as a methodological strategy. All meetings were recorded on audio and transcripts. The teachers finally recorded the meetings by writing a portfolio. The teachers made use of 10 sessions with reading comics in science classes, which were video recorded and later watched by the educators in autoscopy sessions followed by individual interviews. From the collected data, several aspects that have emerged can be grouped into three categories: The difficult concept of science, teachers' work and the obstacles and possibilities of comics as a teaching strategy. In this sense, are woven assessments taking as its founding, look for the reflective and dialogic practices exercised in the classroom. In the analysis of the data, we can see the conceptual difficulties, methodological and pistemological questions of teachers for teaching science, but also the limitations of comic books for teaching. Learning more relevant appointed by the teachers is related to the importance of collective work to mitigate the training needs of teaching. Finally, signals that the HQ has a great potential for use in science classes, provided that the teacher conduct a careful planning for this, but that the meetings of continuing education promote moments of reflection on teaching practices that are capable of giving rise to new attitudes before the difficulties they depict

Os argumentos transcendentais: kant e o problema de hume

This work whose title is "The transcendental arguments: Kant Andy Hume's problem" has as its main objective to interpret Kant's answer to Hume's problem in the light of the conjunction of the causality and induction themes which is equivalent to skeptical- naturalist reading of the latter. In this sense, this initiative complements the previous treatment seen in our dissertation, where the same issue had been discussed from a merely skeptical reading that Kant got from Hume thought and was only examined causality. Among the specific objectives, we list the following: a) critical philosophy fulfills three basic functions, a founding, one negative and one would argue that the practical use of reason, here named as defensive b) the Kantian solution of Hume's problem in the first critisism would fulfill its founding and negative functions of critique of reason; c) the Kantian treatment of the theme of induction in other criticisms would will fulfill the defense function of critique of reason; d) that the evidence of Kant's answer to Hume's problem are more consistent when will be satisfied these three functions or moments of criticism. The basic structure of the work consists of three parts: the first the genesis of Hume's problem - our intention is to reconstruct Hume's problem, analyzing it from the perspective of two definitions of cause, where the dilution of the first definition in the second match the reduction of psychological knowledge to the probability of following the called naturalization of causal relations; whereas in the second - Legality and Causality - it is stated that when considering Hume in the skeptic-naturalist option, Kant is not entitled to respond by transcendental argument A􀁴B; A⊢B from the second Analogy, evidence that is rooted in the position of contemporary thinkers, such as Strawson and Allison; in third part - Purpose and Induction - admits that Kant responds to Hume on the level of regulative reason use, although the development of this test exceeds the limits of the founding function of criticism. And this is articulated in both the Introduction and Concluding Remarks by meeting the defensive [and negative] function of criticism. In this context, based on the use of so-called transcendental arguments that project throughout the critical trilogy, we provide solution to a recurring issue that recurs at several points in our submission and concerning to the "existence and / or the necessity of empirical causal laws. In this light, our thesis is that transcendental arguments are only an apodictic solution to the Hume s skeptical-naturalist problem when is at stake a practical project in which the interest of reason is ensured, as will, in short, proved in our final considerations

DINÂMICAS MERCANTIS COLONIAIS : Capitania do Rio Grande do Norte (1760-1821)

The size and dynamics of the market producer, consumer and exporter of the Captaincy of Rio Grande do Norte, in the period between 1760 and 1821 is the primary goal of this dissertation. In order to establish relations between the founding of new towns built from 1750 and its incorporation into the water supply and domestic market, showing more specifically the colonial economic relations established between the coast and the hinterland of the Province. Based on references by authors such as Edward Shils and Immanuel Wallerstein have investigated topics such as formation of colonial space, deployment-action of colonial institutions regarding business practices, and the dynamic market of the Province of Rio Grande do Norte.

A organização sindical dos assistentes sociais no Brasil: dilemas e desafios contemporâneos

This paper discusses the dilemmas and challenges of the union of social workers in contemporary Brazil. The study is supported by the theme in a literature search, especially productions that deal with the trade union movement of workers in the brazilian reality, as well as on field research, which consisted of interviews with national trade union leaders of the CUT and CONLUTA as also representatives of national organizations representing the professional category of social workers, notably CFESS, ABEPSS ENESSO and a labor union and the national category, FENAS. The analysis of the object is oriented in the perspective of totality, considering its founding and contradictory aspects of the current socio-historical dynamics. The inflections occurred in the razilian Labor Movement in the early 1990s, during which the offensive of capital, characterized by the fusion of flexible accumulation and the dictates of neoliberal policy is established in the country, caused a profound shock in life and organization of the class working. The major repercussions of this process are evident today in the form of defensive organization of trade union struggles, notably fragile and fragmented. In the case of the category of social workers is symptomatic of the political backlash, experienced the process of reopening their unions and the creation of FENAS. This definition, part of the analysis that considers more strategic perspective of class organization, corporate antiunionism of the mass of the 1980s, built, largely, by category and expressed by the extinction of their union and unification to the broader struggles of workers with transition to unionization by industry. Given this reality, we analyze the performance of the political perspectives of the brazilian labor movement, from the characterization of organizational arrangements for trade union struggles and situate this process, the motion to reopen union of social workers, from the emergence of FENAS. Therefore, we aimed to identify the particular and the ideological and political perspectives that make up the dilemma of the trade union movement from this reopening, as corresponds to a political trend, largely, overcome within the brazilian social work

O ecoturismo sob a égide da sociedade do consumo: um estudo das Unidades de Conservação de uso sustentável do RN

Ecotourism, in face to environmental demands and discussions, has achieved prominence in the tourism market and wide global development, occasioning a concern about the need for a scientific deepening through a critical approach of the dynamics of consumption and conservation that permeate this practice. This study addresses the ecotourism under aegis of consumer society, in which is perceived that it constitutes a contester practice of society in which it is embedded, nevertheless has been subjected to the logic of capital through commodification of nature. In order to comprehend the reality presented, this study had as geographical cutting two Conservation Units of Sustainable Use in Rio Grande do Norte state: the Jenipabu Environmental Protection Area (APAJ) and Ponta do Tubarão State Sustainable Development Reserve (RDSEPT). The research sought to investigate the relationship between conservation and consumption and their influences on ecotourism held in the Conservation Units (UCs) of sustainable use selected for this study. To this aim it was made a critical reflection about the relationship conservation versus consumption constant in the practice of ecotourism in UCs in the context of current society, analyzing the historical process of formation of UCs of sustainable use in RN state under the light of the contradictory pair conservation-consumption, as well as looking to apprehend the perception of ecotourism of the actors involved with this practice. It was adopted a qualitative approach under a critical perspective based on bibliographical and documentary research and realization of semi-structured interviews with three groups of actors, namely managers/technician, community and ectourists involved with ecotourism in the selected UCs. The analysis was made using two basic units of analysis (consumption and maintenance) and twelve categories. For definition of units of analysis and categories were taken as reference the authors Santos (1987; 1988; 1994; 2001; 2006), Guerreiro Ramos (1989) and A. B. Rodrigues (1996; 2003), which perform critical to society of consumption and describe the key characteristics of the technical-scientific-informational predominant means, and Diegues (1998; 2000), A. B. Rodrigues (2001), Pires (2002) and Neiman and Rabinovici (2010), which discusse historic and scientifically about the emphasis on conservation present in origins and discourse of ecotourism, describing also its founding characteristics. The main results show that the marketing use of the prefix eco has acted as a new dress for what in reality is in fact ancient, ie, the conservation is used as a justification for another new type of consumption. The results also show that despite the coexistence of commercial and symbolic intentions in both UCs, one can observe the predominance consumer society characteristics in the process of creation and the production activities of APAJ, while in RDSEPT we note the predominance of the conservationist characteristics proclaimed by ecotourism. It can be inferred therefore that tourism held in the APAJ can not be called ecotourism, while the practice found in RDSEPT show an alignment with the guidelines of ecotourism

Explorando a execução de técnicas estendidas no oboé encontradas em quatro peças contemporâneas

This dissertation presents an investigation of the evolutionary process of extended oboe techniques, through literary analysis and practical research. The objective of this work is to provide assistance to oboists interested in learning these techniques. Additionally, this work encourages the student, through the process of experimentation, to explore the questions that may arise around the aesthetics of sound, the concept of gesture as an additional visual and aural element in music, and the collaboration and “real-time” creation processes. Discussed within the work, are the relationship between the instrument (the oboe) and extended techniques, and two possible definitions of extended techniques, provided by Luk Vaes (2009) and Gardner Read (1993). Also explored are the how and why some composers have utilized extended techniques in their compositions, including brief discussions relating to extended techniques in real-time composition (improvisation), extended techniques and technological resources, theatrical gesture as an extended technique, and suggestions of how musicians might approach theatrical gestures in performance. Four works were visited: “I Know This Room So Well” – Lisa Bielawa (2007-9); “Four Pieces for Oboe and Piano” – Ernst Krenek (1966); “In Freundschaft” – Karlheinz Stockhausen (1978); “Atem” – Mauricio Kagel (1969-70); and an exploration of the difficulties and solutions associated with each extended technique found within these pieces, was carried out. The following founding works on extended oboe techniques were used, as a basis for research: books - Heinz Holliger’s Pro Musica Nova (1972); Gardner Read’s Compendium of Modern Instrumental Techniques (1993); Peter Veale & Claus-Steffen Mahnkopf’s The Techniques of Oboe Playing (1994); and Libby Van Cleve’s Oboe Unbound: Contemporary Techniques (2004); and articles - Nora Post’s “Monophonic sound resources for the oboe: Part I – Timbre” (1984), “Part II- Pitch and other techniques” (1984), and “Multiphonics for the oboe” (1982).

Espaços especiais em Natal (moradia e meio ambiente): um necessário diálogo entre direitos e espaços na perspectiva de proteção aos direitos fundamentais na cidade contemporânea

Some protected special spaces on behalf of fundamental rights to the environment and the housing at the city of Natal are fragile by facing actions and attempts to suppress and changing (or omission in the implementation) of standards in furtherance of those rights at the local level, which seems to reflect a situation that goes beyond the context of the city. Based on integrated approach of the housing rights and the environment and its protection of special spaces on the field of fundamental rights, the thesis seeks to understand the weaknesses that affect the legal state duty under the realization/implementation of fundamental rights to the environment and housing in cities, focusing on the issues of flexibility of the founding legislation of special spaces to the detriment of the attributes they protected and the lack of implementation of the legal system that allows their effectiveness. So, it looks initially to understand the environment and housing rights and their special protected areas in the brazilian legal system, looking forward the evolution of its legal protection, as well as the weaknesses that emerge in the field of their effectiveness. Analyzing the trajectory of the environment and housing rights and their special protected areas in Natal, considering its standards, attributes, protection indicators, weaknesses and negative evidence within its legal protections and their enforcement by state entity, this thesis proposes to verify the existence of forms to confronting the weaknesses founded in the maintenance of legal protection and its implementation. At this point it discusses the legal basis and safeguard instruments of protection, especially within the juridical field, as part of a (re)discussion about issues of legislative and administrative discretion in the face of objective legal state duty to realization/implementation of fundamental rights in the urban space. With all these issues together the thesis does not ignore the scenario where the dividing line between public and private (economic) are becoming ever more tenuous in the field of state action and where the city stands as a special commodity to the reproduction of real estate, according to the interests of capitalist logic