A Constituição Federal de 1988 e a integração regional : o desafio da harmonização tributária

As an effect of the growing interdependence in international relations, regional integration was conceived to face globalization, with a remarkable influence in politics and law, since the first steps of the European experience. In Latin America, regional integration ideas have blossomed in the 60 s. Among its experiences, MERCOSUL is the one with the most advanced objectives. However, MERCOSUL has not managed to achieve the objectives planned nor moved forward the integration process. Differently of what happened in Europe, in MERCOSUL the common market projected is concluded. It faced many disappointments throughout its brief history. As it matters to law, those were caused by the absence of supranationality, a mechanism that would allow MERCOSUL s decisions to be directly binding in the States with no need of bureaucratic proceedings to incorporate them to national legal systems. Among Latin American States, Brazil is probably the most resistant to integration process, due to Federal Constitution 1988 rigidity and legal professionals conservadorism towards opening legal system to international law. In Brazil hermeneutical standards are always based on national sovereignty and international law is referred as less important. The problems become more visible relating to taxation, a subject that plays an enormous role in integration process for its economic impact, demanding the execution of tax harmonization policies compatible to the integration levels aspired. However, because of the large number of tax rules in the Federal Constitution, structural changes initiatives face difficulties in order to be implemented. Actually, after two Constitutional Reforms on taxation, Brazil has not yet succeeded on promoting the necessary adaptations to regional integration. The research has confirmed the hypothesis that supranationality has indispensably to be adopted if Brazil really desires to move forward the integration process. But it has also been demonstrated that there are hermeneutical paths suitable to the constitutional profile which allow the adoption of supranationality, through the revision of the sovereignty traditional concept

O Litoral e a metrópole dinâmica imobiliária, turismo e expansão urbana na região metropolitana de Natal-RN

The metropolitan regions of Northeast Brazil are being gradually included in a scenario of international investments, which are motivated by the restructuring of both touristic and real-estate sectors. The new capital, real-estate developers and space configurations that result from this process indicate the need for the creation and implementation of public tools which should, at least, allow the mitigation of the urban impacts and environmental losses resulting from this situation. The effects on landscape and on the socio-spatial configuration result from the intensification caused by the dynamism of the "real estate-tourism" sector. There is a regional integration as an expression of the urban expansion of the metropolitan area of Natal. This study investigates the uniqueness of the restructuring and territorial integration of coastal areas and the strategies of the circuit of capital accumulation formed by linking the real estate to tourism. It is intended to increase the understanding about the strategies of tourism, real estate and public policy agents involved in this territorial reconfiguration and in the fund-raising needed for the investments, to understand the existing social and environmental effects and their future trends and also to understand the forms of spatial production as results from the practices of approaching the land transformation and the tourism valorization of the landscape, in a synchronous manner, first in the Northeast region and, as a focal study, in the Metropolitan Area of Natal. Likewise, it is intended to apprehend the current processes of metropolization of the eastern coast of Rio Grande do Norte, in addition to indicate its physical-territorial transformation and the types of projects/developments promoted by the market in the recent period. Based upon analysis undertaken for the Metropolitan Region of Natal RN, this piece of work presents some considerations on possible legal instruments that can be adjusted to the municipalities which are experiencing the impact of this peculiar and recent phenomenon in the region, caused by the arrival of the real estate-touristic capital. It is also intended to point out basic proposals to the forms of public intervention, in a speculative way, starting from a Metropolitan Planning project within a medium and long term

Os antagonismos da integração sul-americana na ordem jurídica brasileira

The economic regional integration is a phenomenon observed in numerous occasions inside the global economic reality. Watchful to that phenomenon, the 1988 s Brazilian constitutional order establish in its 4th article, single paragraph, the commitment to seek for the Latin- American integration, as a Fundamental Principle to the Brazilian Federative Republic. Regarding the mentioned constitutional disposition s realization, the Brazilian State celebrated, specially, the 1980 s Montevideo Treaty, creating the Latin-American Integration Association, and the 1991 s Asuncion Treaty, performing the duty to establish a common market, in sub regional level, with Argentina, Paraguay and Uruguay, called Mercado Comum do Sul. However, due to an addiction to a wrong comprehension of State s Sovereignty Principle, the Constitution imposes to the international rules an incorporation process, without providing any privilege to those ones regarding the integration constitutional disposition s realization, whether original or derived. The Brazilian s Supreme Court, as matter of fact, affirmed that it is not possible, facing the actual constitutional order, to grant any character of preference. Also in the controversies solution mechanism, responsible for the law s execution in case of its noncompliance, where found malfunctions, most notably the system s open character and its excessive procedural flexibility, in addiction to restricting the access of individuals. It follows from these findings, then, the lack of legal certainty provided by the Mercosul s legal system, considering its effects both international and within the Brazilian state. Among the possible solutions to reduce or eliminate the problem are using the practice of the so-called executive agreements in the Mercosul s original rules incorporation to the Brazilian state, the creation of a Mercosul s court of law and/or a constitutional reform

O circuito espacial de produção e os círculos de cooperação da soja no Maranhão no período técnico-científico informacional

The study in screen it has as objective the understanding of the space circuit of production and the circles of cooperation of the soy that if develop in the Maranhão in the technician-scientific-informational period. Characterized for the material and incorporeal flows if they develop in the Maranhão, from the moment where it had a process of integration of the maranhense territory while peripheral space of the capitalist dynamics, that if gave through the politics of regional integration created by the State, but when it had a process of selective modernization, also partial and conservative of the agriculture, that made possible the significant increase of the production and reproduction of the capital. The study sample that with the advent of the soy, had a concentration of the production techniques, mainly in the agricultural region of Balsas, due to bigger it offers of lands, time of implantation of the culture, technique accumulated in the production, whereas in the agricultural region of Chapadinha, these indices still are without representation. Moreover, the intensification of the agricultural credit, the agrarian politics and tax incentives are elements that have propitiated increase of the production of the soy. The development of the space circuit and circles of cooperation of the soy, a side, create new forces politics in the Maranhão that can result in the creation of a new state, the other, are responsible, for the elimination of part of the subsistence agriculture, producing social problems as, agrarian concentration and unemployment. The study it still evidences the appropriation of the place for a small number of companies that has generated, beyond an intense concentration of income, an alienation of the territory, in view of that this is used for a strange purpose to the place and the yearning of the population does not stop

O Litoral e a metrópole dinâmica imobiliária, turismo e expansão urbana na região metropolitana de Natal-RN

The metropolitan regions of Northeast Brazil are being gradually included in a scenario of international investments, which are motivated by the restructuring of both touristic and real-estate sectors. The new capital, real-estate developers and space configurations that result from this process indicate the need for the creation and implementation of public tools which should, at least, allow the mitigation of the urban impacts and environmental losses resulting from this situation. The effects on landscape and on the socio-spatial configuration result from the intensification caused by the dynamism of the "real estate-tourism" sector. There is a regional integration as an expression of the urban expansion of the metropolitan area of Natal. This study investigates the uniqueness of the restructuring and territorial integration of coastal areas and the strategies of the circuit of capital accumulation formed by linking the real estate to tourism. It is intended to increase the understanding about the strategies of tourism, real estate and public policy agents involved in this territorial reconfiguration and in the fund-raising needed for the investments, to understand the existing social and environmental effects and their future trends and also to understand the forms of spatial production as results from the practices of approaching the land transformation and the tourism valorization of the landscape, in a synchronous manner, first in the Northeast region and, as a focal study, in the Metropolitan Area of Natal. Likewise, it is intended to apprehend the current processes of metropolization of the eastern coast of Rio Grande do Norte, in addition to indicate its physical-territorial transformation and the types of projects/developments promoted by the market in the recent period. Based upon analysis undertaken for the Metropolitan Region of Natal RN, this piece of work presents some considerations on possible legal instruments that can be adjusted to the municipalities which are experiencing the impact of this peculiar and recent phenomenon in the region, caused by the arrival of the real estate-touristic capital. It is also intended to point out basic proposals to the forms of public intervention, in a speculative way, starting from a Metropolitan Planning project within a medium and long term

Integração e interdisciplinaridade no processo ensino/aprendizagem de projeto: o curso de Arquitetura e Urbanismo da Universidade Potiguar de Mossoró-RN

Training in Architecture and Urbanism with its general characteristic involves, in its nature, knowledge of various areas (technology, theory, history, representation, and design), being the space of design conception that place where the synthesis of this knowledge is reflected more clearly. We believe that the integrated work in the architectural curriculum can provide an overview of the project, thus contributing to better training of the architect. This research aims to reflect on the role of integration and interdisciplinary in teaching architectural design. This theme has been work recurrently by critics in the teaching area of project and events of the area as the seminars of the Projetar, highlighted by several authors to search integration as an essential pedagogical approach to design education. The work aims to contribute to reflection and awareness of those involved on the importance of integration in the architectural course of project processes. For this, we analyzed the potential and limits of this process in Architecture and Urbanism Course (CAU) at the Universidade Potiguar (UNP) Mossoró, which has the integration and interdisciplinary recorded since the Pedagogical Project of the Course. This analysis will be performed by observing the development of “interdisciplinary work” in the fifth term during the first half of 2014.1. This research concerns an exploratory qualitative study that aims to investigate specific issues on the teaching/learning architecture project and the integration in architecture courses, following a non-participant observation in architectural design classes in the fifth term of CAU/UnP/ Mossoró, and analysis of final products, which would be the work of the last unit of the semester, called “Interdisciplinary work”. Questionnaires for the teachers who participated in the process has been apply via email and analyzed. Reflection supports several other already carried out to identify the difficulties inherent in applying these principles satisfactorily. Noting, however, that interdisciplinarity, in fact, it goes beyond integration and is even more difficult to achieve. In addition to an educational project that incorporates these principles, such as the course of Architecture and Urbanism of the UNP-Mossoró, full adhesion it is necessary by the faculty and students of this teaching philosophy.

Integração e interdisciplinaridade no processo ensino/aprendizagem de projeto: o curso de Arquitetura e Urbanismo da Universidade Potiguar de Mossoró-RN

Training in Architecture and Urbanism with its general characteristic involves, in its nature, knowledge of various areas (technology, theory, history, representation, and design), being the space of design conception that place where the synthesis of this knowledge is reflected more clearly. We believe that the integrated work in the architectural curriculum can provide an overview of the project, thus contributing to better training of the architect. This research aims to reflect on the role of integration and interdisciplinary in teaching architectural design. This theme has been work recurrently by critics in the teaching area of project and events of the area as the seminars of the Projetar, highlighted by several authors to search integration as an essential pedagogical approach to design education. The work aims to contribute to reflection and awareness of those involved on the importance of integration in the architectural course of project processes. For this, we analyzed the potential and limits of this process in Architecture and Urbanism Course (CAU) at the Universidade Potiguar (UNP) Mossoró, which has the integration and interdisciplinary recorded since the Pedagogical Project of the Course. This analysis will be performed by observing the development of “interdisciplinary work” in the fifth term during the first half of 2014.1. This research concerns an exploratory qualitative study that aims to investigate specific issues on the teaching/learning architecture project and the integration in architecture courses, following a non-participant observation in architectural design classes in the fifth term of CAU/UnP/ Mossoró, and analysis of final products, which would be the work of the last unit of the semester, called “Interdisciplinary work”. Questionnaires for the teachers who participated in the process has been apply via email and analyzed. Reflection supports several other already carried out to identify the difficulties inherent in applying these principles satisfactorily. Noting, however, that interdisciplinarity, in fact, it goes beyond integration and is even more difficult to achieve. In addition to an educational project that incorporates these principles, such as the course of Architecture and Urbanism of the UNP-Mossoró, full adhesion it is necessary by the faculty and students of this teaching philosophy.