A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

O Sumário das Armadas: guerras, missão e estratégias discursivas na conquista da Paraíba

Las últimas décadas del siglo XVI estuvieron marcadas por una serie de guerras en la región al norte de la capitanía de Itamaracá, que en ese momento representaba el límite septentrional de la colonización portuguesa en las Capitanías del Norte de Brasil. Las fuerzas políticas y militares de la capitanía de Pernambuco y de la própria Itamaracá, misioneros jesuitas, indios, negros y mestizos participaron en varias expediciones militares a la región del rio Paraíba, ganándolo a finales de 1585 y dando la configuración de una nueva capitanía: la capitanía de río Paraíba. Esta era una historia que los sacerdotes de la Compañía de Jesús han escrito con las marcas de heroísmo, de fe y también de fuerza contra los indios y los franceses que se oponían al delantero portugués en esa región, que desde el punto de vista de la historiografía, representa un paso importante en el proceso de conquista y ocupación colonial de la costa noreste de Brasil. Esta tesis es sobre este acontecimiento histórico: sobre los hombres que lucharon en uno y otro lado del río Paraíba, sobre las formas discursivas empleadas en la representación escrita de este evento y sobre la trayectoria histórica del discurso de la conquista, cuando tomado en las modernas prácticas historiográficas

“Justice will be made“ Bush e o discurso construtor das guerras contra o terror

This work was built aiming to present how they built the speech of the presidential administration of George W. Bush to engender the Wars on Terror. Through an analysis of sources, magazines, newspapers and official speeches of the President; construct a survey that shows the process of development discourse of the U.S. government in order to make credible to the world the existence of weapons of mass destruction in Iraq. To accomplish this feat, the first attempts to deconstruct the work that would be the terrorist and their actions against the hegemonic governments, and perform an important discussion with the theme of the story of the present time and the need for a search like this nowadays. To deconstruct the idea of being a terrorist present as President George W. Bush uses the attacks of September 11th and fear as tools to build a war with a real intentionality toward the conquest of Iraqi oil and finish a task that his father, George H. Bush had left unfinished.

Política pública para o idoso : um estudo da cidadania no grupo cabelos de neve do programa conviver em Campina Grande-PB

The main objective of the study about the citizenship development in elderly attended by the Conviver Program of the City Hall of Campina Grande in Paraiba, Brazil was to evaluate how the actions of the Program contribute for the citizenship practice according to the users. The Citizenship analyzed is the existence of political, civil and social rights according to Marshall. For that it was utilized a descriptive research and a study of case based on technical procedure. The research was settled by the people who are benefited by the Conviver Program of the Snow Hair Group and the sample was formed by the active participants that it is in the Group for over ten years, corresponding to a total of ten elderly. For the data collection was utilized basic questionnaire in function of the low schooling of the interviewed, according to Marshall (2002) theory about the citizenship construction from each person. It was utilized the methodological procedure proposed by Bardin (2006), categorical analysis, in the qualitative data analysis, that was divided in four parts. In relation to Political Rights, noted that the program has stimulated your Watched on the exercise of voting and being voted. On the Civil Rights was observed that the Program has given incentive to actions which provide the users the justice rights in and in occupational activities as a job. In relation to Social Rights it was observed that the Conviver Program has contributed in order that its users can lead their lives according to the standards imposed by the society, which have being failed in the education area. As for the type of citizenship it was verified that the Program has given incentive to the served users, becoming more evidence on the speech basis

The Beatles: ensaio sobre a ética do amor

The thesis intends to discuss the ethics by the way of love. So, it uses as a mention the musical work and the set of attitudes of the group that changed the way of thinking across the 20th Century mass-comm, entering a new way of thinking about the World: The Beatles. Analyzing the lyrics and the writing of the songs was searched the comprehension of he intrinsic love message at the Ethics it expresses. At the musical art of The Beatles political messages had been announced in a time that the World sought a Ethic way beyond the several declared war and the Cold War. Taking the Edgar Morin works as a base, O método 6, Ética (2005), it sought to understand the idea who permeates the human relations: the good, the possible, the necessary. Another works used as a cognitive base were Meus demônios (2003), Cultura de massas no Século XX: neurose (2005), Cultura de massas no Século XX (2006), The Beatles Anthology (2000) and Many years from now (2000). Holding the Ethics idea showed by Morin were established imaginary lines that perpass the behavior of the group known in the entire World understood till nowadays as tolerance, comprehension, peace, love and endurance messengers. The Beatles operate during the sixties a musical reborn, which allowed to the people the discussion and the reflexion about the World and the human being new behavior,endurance but acting with tolerance. Permeating the basic study, we find the Beatles way, the group origin, the fast walk till success, the spiritual choice, who guide their behavior and the end of the band. The music used as a masscomp instrument passes by the condition of a simple way of communicating. It deeply action feeds feelings, allows transcendence and is showed as target of human being transformation. The Ethics in music passes by the ideological barriers and becomes to comprehension with a clear synthony for the man, cause the polyphony and the new musical order establish the messages worldwide

Educação para a cidadania e ensino superior

El presente trabajo discute la Educación para la Ciudadanía en la Educación Superior, destacando los desafíos y las potencialidades de la Universidade do Estado do Rio Grande do Norte (UERN); que organiza su acción política y pedagógica conforme a las exigencias de la actual política educacional para este nivel de educación. Analiza la relación de ésta con la Educación Básica a partir del estudio del Proyecto Pedagógico del Curso de Ciencias Sociales discutiendo la educación para la ciudadanía y la formación ciudadana de los futuros profesores de la educación básica en consonancia con la LDB 9.394/96, con las Directrices Curriculares Nacionales para los cursos de Docencia y además para programas y políticas de orientación para la educación superior que resultaron de la conquistas de los movimientos sociales y que son propuestos por medio de las siguientes secretarías: Secretaria de Educação Continuada, Alfabetização e Diversidade (SECAD) y Secretaria de Educação Superior (SESu). La reflexión incluye el estudio de tales temáticas en el eje de temas emergentes que organizan el debate educacional, sobretodo en América Latina, y los desafíos de las universidades que actúan en el contexto de la periferia en la desconstrucción del dominio simbólico del colonialismo cultural y la construcción de la globalización alternativa y contra hegemónica a la globalización neoliberal. El estudio evidencia que la idea de ciudadanía en la sociabilización contemporánea presenta una ambigüedad política consecuente de los procesos de globalización creciente siendo necesario que la perspectiva de la educación para la ciudadanía adoptada en la formación de los profesionales de a educación sea re politizada a partir de la noción de ciudadanía colectiva y multicultural apoyada en los principios de democracia y justicia social, construida en las interfaces de la educación escolar y prácticas educativas en lo entorno social, y en los espacios políticos de organización y movilización colectiva en torno de las conquistas por los derechos civiles, sociales, políticos y culturales, y la inclusión de temas y valores emergentes en la educación que interligados e interdependientes, garanticen su efectividad

Igrejas evangélicas e atuação social no Bairro de Felipe Camarão em Natal-RN

This work focuses on analysis of the partnerships and socio-religious actions at Felipe Camarão, a popular district situated in the west of the city of Natal-RN. We observed that the inhabitants of this district are facing some economical, political and social difficulties. Coupled to these problems - among them in this study highlight the social violence, committed mainly by young people aged 15 to 29 years, but affects the whole population - we find a location with a large number of evangelical churches. With this, we know the reality of the community more deeply, to thereby be able to understand if there are and how to make partnerships among evangelical churches, the community and other civic organizations in both of the existing district and the city to deal with these problems. In addition, we verified that the elements obstruct the public performance of the churches and also follow the actions already taken

O Trabalho e o labirinto da responsabilidade socioempresarial:a experiência da cidadania empresarial do Banco do Brasil

In the current systemic crisis, economic policy is directed to correct the consequences of the functioning of this metabolism, but within the limits of the capital. From this perspective, decision makers propose trade policies, agricultural and industrial to ensure conditions for economic growth. However, as a dead end, there is failure of the State in giving efficacy to the operation of all segments of the economy, especially given the budget constraint. Public managers are forced to seek external resources, resuming the cycle of political allegiance to the interests of international financial and banking representatives, installed in so-called multilateral. The complex ideological capital comes into play in trying to convince society that the paths taken by governments are inevitable, and that capitalism can be "humanized", even with the realization of the growing inequalities caused by historical irrationalism of the production process of capital . In this sense, emerging concepts that attempt to demonstrate the compatibility of the system to real human needs. This ideological offensive is intended to legitimize the capital. The so-called third sector has a special highlight with the concept of corporate social responsibility. It creates a political environment in which the inevitable mix-up with new illusions offered by and often funding the metabolism of capital in order to perpetuate this system. In this context, political elites, and considerable portions of the academy, embark on "waves of capitalist optimism," while the sociometabolismo capital expands its historical limits, driving forces postponing their collapse, but that cause human suffering and ecological stress. Wars are disseminated to strengthen the deadly war industry and the automobile industry; and devastating the environment of which depends the capital system. In this scenario disassemble, propositions emerge around a "new social pact" in order to minimize the adverse effects of the dynamics of reproduction of capital. The business class is called to exercise its role through the discourse that appeals to social responsibility programs, in order to intervene directly in the "social question". The core of this research is precisely this point. Although there is considerable scholarship on the phenomenon of Social Responsibility and Corporate Citizenship, there is also an evident lack of this approach focused on the banking sector in Brazil. The importance of rentier capital increased ownership of shares in the wealth produced by all of Brazilian society, justifies a sociological research project on Social Responsibility in the domestic financial sector. In this sense, it was decided to perform a dynamic approach to the "Corporate Citizenship" in the banking industry, specifically in the Bank of Brazil. As this is a key institution, is important analyze of the impacts of this strategy fetish of capitalist reproduction, in order to evaluate the social legitimization of rentier capital in Brazil. In this scenario of the abundance of the discourse on social responsibility there exist a progressive impoverishment of professional work in this segment in Brazil. There is a dramatic mismatch between rhetoric and practice because of the trend of deepening vulnerability of the working conditions of the Brazilian bank worker, from the 1990's. In the specific case of the Bank of Brazil, the first initiative of the institution was to conform to the principles of the UNO and the Ethos Institute, aiming to align their domestic policies to this new strategy of domination of capital. The purpose is to place the Bank in the ideological sphere of corporate social responsibility, just as with its partners in the private financial intercapitalist competition. Indeed, in the internal ambit of the Bank of Brazil, there is a policy to adjust its functional segments to the doctrine of Social Corporate Responsibility. The concepts of this doctrine is presented as something inexorable. There are no alternatives. The Bank of Brazil operates in a highly competitive market, the segment featuring the dominance of financial capital accumulation today. For this reason it can not fail to incorporate the technological advances organizational. For employees there is no alternative but to adapt to this new set of ideas proposed by the metabolism of capital

Identidade e participação da comunidade rural nos processos de desenvolvimento local:desafios e competências do regulado de Nhambita-Moçambique

This thesis is defined as a reflection on the mechanisms of expression and insertion of the homo situs in the participatory governance in Mozambique. For a better understanding of this social fact, it was settled a periodization which covered the decline of colonialism at the time of the independence, which was proclaimed in June 1975, the civil war that lasted over 16 years and the period of the democratic State, further established. Therefore, we sought to understand the mechanisms and failures of the participation of the homo situs in local development projects that absorbed the needs and problems of these peasants, not mobilizing the skills and social competences of these communities. It would be essential for the homo situs a genuine democratic practice involving a political culture based on the social construction of the territories of the traditional man which was characterized by being procedural and historical, finding in participation its higher base. In this context, it would be desirable that the community development in Mozambique could contemplate and respect the choices of the homo situs. For this purpose, it would be fundamental the consistency between theory and practice, which builds and rebuilds, continually the competence of the peasants, facilitating the possibility of realization of their primordial aspirations. In the research, it became apparent that there is not a continuous process of participation of the rural communities, which appear as participants, only at the time of the implementation of the activities. Therefore, even having the participation of the communities expected by the law, with predictable moments of discussion and necessary conditions for that, the State failed to establish an ongoing process of democratic dialogue with traditional populations, as well as it failed to organize, properly, accurate informational bases to help solve the problems of rural areas. These facts have led to obstacles to the process of conquest of the human and civil rights of the traditional communities

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

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

O direito à saúde e a política nacional de atenção oncológica: uma análise a partir da crescente judicialização dos medicamentos antineoplásicos

The 1988 Federal Constitution of Brazil by presenting the catalog of fundamental rights and guarantees (Title II) provides expressly that such rights reach the social, economic and cultural rights (art. 6 of CF/88) as a means not only to ratify the civil and political rights, but also to make them effective and practical in the life of the Brazilian people, particularly in the prediction of immediate application of those rights and guarantees. In this sense, health goes through condition of universal right and duty of the State, which should be guaranteed by social and economic policies aimed at reducing the risk of disease and other hazards, in addition to ensuring universal and equal access to actions and services for its promotion, protection and recovery (Article 196 by CF/88). Achieving the purposes aimed by the constituent to the area of health is the great challenge that requires the Health System and its managers. To this end, several policies have been structured in an attempt to establish actions and services for the promotion, protection and rehabilitation of diseases and disorders to health. In the mid-90s, in order to meet the guidelines and principles established by the SUS, it was established the Política Nacional de Atenção Oncológica PNAO, in an attempt to sketch out a public policy that sought to achieve maximum efficiency and to be able to give answers integral to effective care for patients with cancer, with emphasis on prevention, early detection, diagnosis, treatment, rehabilitation and palliative care. However, many lawsuits have been proposed with applications for anticancer drugs. These actions have become very complex, both in the procedural aspects and in all material ones, especially due to the highcost drugs more requested these demands, as well as need to be buoyed by the scientific evidence of these drugs in relation to proposed treatments. The jurisprudence in this area, although the orientations as outlined by the Parliament of Supreme Court is still in the process of construction, this study is thus placed in the perspective of contributing to the effective and efficient adjudication in these actions, with focus on achieving the fundamental social rights. Given this scenario and using research explanatory literature and documents were examined 108 lawsuits pending in the Federal Court in Rio Grande do Norte, trying to identify the organs of the Judiciary behave in the face of lawsuits that seeking oncology drugs (or antineoplastic), seeking to reconcile the principles and constitutional laws and infra constitutional involving the theme in an attempt to contribute to a rationalization of this judicial practice. Finally, considering the Rational Use of health demands and the idea of belonging to the Brazilian people SUS, it is concluded that the judicial power requires ballast parameters of their decisions on evidence-based medicine, aligning these decisions housing constitutional principles that the right to health and the scientific conclusions of efficacy, effectiveness and efficiency in oncology drugs, when compared to the treatments offered by SUS

Mediação como instrumento de desjudicialização das questões familiares: constitucionalização do Direito de Família

The Liberal Constitutionalism emerged from the late eighteenth century, a period of major revolutions (French and American), fruit of the struggle for libertarian rights. Although the time of the first written constitutions, these were linked to mere political letters, did not provide for fundamental human rights, as it is, so only on the state organization, structure of powers, division of powers of the state and some relations between state and individuals. There was a clear division between the civil codes and constitutions, those governing private relations and acted as barriers to non-state intervention. After the Second World War, the constitutions are no longer Letters political order to establish how the human person, in order to enshrine the fundamental rights, the primacy of constitutional principles and take their normative function against ordinary legislator. Constitutional evolution gave the name of contemporary constitutionalism, based on repersonalization or despatrimonialização of Private Law, ceasing the separation of legislative civil codes and constitutions, in favor of the protection of fundamental rights of the human person. And this tendency to the Brazilian Federal Constitution of 1988 brought higher ground the dignity of the human person, the epicenter axiological legal to govern private relations, including family law. The constitutionalization of family law motivates the adoption of desjudicialização family issues, so as to respect the direio intimacy, privacy, private autonomy and access to justice. Conflictual family relationships require special treatment, given the diversity and dynamism of their new compositions. The break in the family relationship is guided in varied feelings among its members in order to hinder an end harmonic. Thus, the judiciary, through performances impositive, not to honor the power of decision of the parties, as also on the structural problems faced to operate on these cases, the environment is not the most appropriate to offer answers to the end of family quarrels. Situation that causes future demands on the dissatisfaction of the parties with the result. Before the development of the Family Law comes the need to adopt legal institutions, which monitor the socio-cultural, and that promote an effective assistance to people involved in this kind of conflict. In obedience to the private autonomy, before manifestations of volunteers involved in family mediation, among autocompositivos instruments of conflict resolution, is indicated as the most shaped the treatment of family quarrels. Remaining, then the state a minimal intervention to prevent excessive intrusion into private life and personal privacy

ÁFRICA(S), MOÇAMBICANIDADE, MIA COUTO: uma varanda para o Índico

Always seen by others eyes, unknown of the languages and other "realities" that constitute, the Africa, specially Mozambique, now (re)invent itself, palimpsestly, in narratives of your griots, narrators and/or storytellers. Our thesis intend, by the review of novel Under the frangipani, to demonstrate that the mozambican writer Mia Couto intends to participate the (re)construction of a devasted nation by war and conflicts, based on belief that the role writer "is to create requisites of a more african thought, to the assessment of your place and your time won't be done from categories created by others" (COUTO, 2005). At first, we show how the mozambican literary system consists itself; then, the insertion of coutian narrative against the prevalence tradition and, also, by the analysis of the constituent elements of the chosen novel, the way how made piece of resistance to reification, objectification of the individuald in the contemporary world , your writing will be present in this sharing of the sensitive. Besides Mia Couto, in our work we'll counting on the lessons of Candido, Noa, Hernandez, Adorno, Paz, Fonseca, Secco, among others studious of african narrative and, specially, Mozambique narrative

História, memória e espaços: experiências dos ex-combatentes de Parelhas-RN na defesa do litoral brasileiro durante a Segunda Guerra Mundial

The present essay has how I aim to analyse the memories of the ex-combatants of Parelhas-RN, specially of the components of the Força de Vigilância e Segurança do Litoral - FVSL, protagonists of the Brazilian participation in the scenery of the Second World war. Along this we looked to understand in which surrounding geographicalpartner these men were living before the War and what were the consequences of a brusque change of space owing to the convocation for the Armed Brazilian Strength in that historical context. The defense of the Brazilian coast during the War was not a so simple task, I have in mind the precariedade logistics of the Armed Strength, the attacks of submarines of the Axle that killed hundreds of civilians and Brazilian soldiers and the net of espionage mounted by Germany in Brazil. Leaving from the notion of collective memory and estrangement in Maurice Halbwachs, we will use the oral history like principal methodology, with the end of rescue these underground memories what also will make possible us the vision realizes that the protagonists themselves have of the event, besides the use of documents, photos, maps and any sort of fountains that make possible us to rebuild the scenery of Parelhas in the beginning of the War and the trajectory of life of his veterans

Ocidentalização, territórios e populações indígenas no sertão da Capitania do Rio Grande

The objective of this work is to understand some of the modifications caused for the phenomenon of the westernization in the hinterland of the Capitania do Rio Grande e in the life of the indians populations that inhabited there during the Colonial Period. We break of the quarrel of Serge Gruzinski concerning the westernization, understood while immersed phenomenon in the context of the expansion of the commercial capitalism and that, for the imposition of the culture occidental person to the alteridades of the New World, emprende the conquest of its territories, bodies and souls. The space clipping has covered the hinterland of the Capitania do Rio Grande, specifically the colonial territory of the Freguesia da Gloriosa Senhora Santa Ana do Seridó. The chosen chronological limit for the research corresponds to the Colonial Period and part of the Imperial one. However, the emphasis falls again on the period that it initiates in 1670, year of the oldest concession of would sesmaria known until the moment in the hinterland of the Rio Grande, extending itself until the decade of 1840. Sources of written by hand nature, cartographic printed and compose the used document roll: official correspondence and legislation, petitions of would sesmaria, inventories post-mortem, justifications of debt, registers of parish, maps, action civil court jurisdiction, notes of notary's office, land landmarks. We take the method, analyzed for Carlo Ginzburg, to cross these sources between itself and to detect its implied particularitities and ideas in the space between lineses, but, attributing it status to they of a colonial speech, fruit of the bureaucracy of where it was originated and of the social place of who produced it. We look for to demonstrate, throughout the work, that the phenomenon of the westernization desestruturou the aboriginal societies and its habitat, constructing, over its rubbles, a colonial territory that found in the cartography of the Freguesia de Santa Ana an efficient instrument of control of the space and the population. On the other hand, if the imposition of the culture occidental person exterminou great part of the native population that inhabited the hinterland of the Rio Grande, the remainders of these indians and the mestizos of descending them had survived in diverse ways in the freguesia: in the condition of captives of war or in regimen of servile work, as living or assistants in the farms, populations and village; rambling without route in the fields and the population spots; as mediating agents between the world occidental person and the native, exerting military or civil positions and still appealing to Justice in search of its rights of inheritance. Experiences of slavery, servitude, errância and mediation, but, also of resistance, adaptation, mestization in the Freguesia de Santa Ana