A construction como método concretizador de direitos fundamentais: aplicação na jurisdição constitucional brasileira

The way of organization of the constitutional jurisdiction implies the possibility to extend the democratization of the same one in function of the popular participation in the active legitimacy to constitutional process (procedimentalist model) e, at the same time, to assure technical viable decisions fast and to the complex problems of the constitucional law (substancialist model). The comparison with the constitutional jurisdiction of U.S.A. becomes interesting from the knowledge of the wide power to decide experience of Supreme the Court that for a methodology of construction of rights and not simply of interpretation of the Constitution, brought up to date and reconstructed throughout its historical evolution the direction of the norms of basic rights and the North American principles constitutional. Construction while constitutional hermeneutic method of substancialist matrix works with techniques as the measurement of principles, the protection of interests of minorities and the entailing of the basic rights with values politicians, what it can be brought to evidence of the Brazilian constitutional jurisdiction in order to improve the construction of basic rights that comes being carried through for the judicial ativism in control of the diffuse and abstract constitutionality. To define the limits of construction is to search, on the other hand, a dialogue with the procedimentalists thesis, aiming at the widening of the participation of the citizen in the construction of the basic rights for the constitutional process and to argue forms of the society to evaluate the pronounced decisions activist in the controls diffuse and abstract of constitutionality

Aplicação da democracia deliberativa como mecanismo de efetivação do direito fundamental a uma administração pública proba

This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study still has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to effect the Fundamental Right to Public Administration proba, efficient and honest. Thus, to achieve this mister, the proposal is to expose the pesamento the classic contractualist, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. After, it will be studied the theories of Fundamental Rights in order to demonstrate the need for the Civil Service should be veiled in a more specific custody rights, given the deep crisis in the Public Administrative practice due, especially, corruption. On the other side, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, which, to join a deliberative governance program needs to be politicized, adopting full participation, dialogue, as duty citizen. Furthermore, taking as most heart, will be presented the doctrine of Jürgen Habermas, whose Discourse Theory element is to be followed for the implementation of a This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of the government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study also has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to actualize the Fundamental Right to a just, efficient and honest Public Administration. Thus, to achieve this necessity, the proposal is to expose the thought of the classic contractualist thinkers, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well as how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. Later on, the theories of Fundamental Rights will be studied in order to demonstrate that the need for the Civil Service should be veiled in a more specific right custody, given the deep crisis in the Public Administrative practice due to, especially, the corruption. On the other hand, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, who, to join a deliberative governance program, needs to be politicized, adopting full participation and dialogue as a citizen responsibility. Furthermore, taking as the major heart, it will be presented the doctrine of Jürgen Habermas whose Discourse Theory element is to be followed for the implementation of a broad deliberative and emancipatory democracy, with effective citizen participation. It will also be considered the Condorcet Constitution Project as a comparative link in the linking of the public deliberative will, and the Central Power, in the face of the Theory of “Sluice” Habermas. The proposal, based on communicative action, must allow a continuous flux and influx process of social interests towards the exercise of administrative power. The dialogical deal, brought to the center of the decisions, will allow discussions in the public scope, and may contribute to the legitimacy of government actions, inasmuch as it creates the feeling of politicization demanded by the man in a democratic state.

A teoria democrática e a participação popular : as trajetórias participativas no Recife e em Módena

This work basically achieve three goals. Critically investigate the liberal democratic regime and its historical reformulation, rejecting the popular power and popular self-organization, limiting the entry of normal citizen in decision-making, believing in the market as a mediating body in regulating of the different life spheres of social. Starting from the critical liberal democracy, it discussed the concept of popular participation in the democracy, searching new democratically horizons, where the masses could have the opportunity to make decisions about their own destiny. On the basis of theoretical discussion on participation, we discuss a concrete instrument of participation, the Participatory Budgeting, comparing two participatory experiences in North and South

Os conselhos como mecanismos de democratização da política educacional :participação e poder de decisão nas ações do Conselho de Controle Social do FUNDEF no município de Parnamirim/RN

This study board the FUNDEF social control council implementation in Parnamirim/RN city, concerning their representatives participation in the accompaniment (decision power) in resort, in front of governmental politics of decentralization, unleashed in 90´s, seen in decentralization process needs the society participation in decisions of educative institutions and represent an efficient way of solve the problems difficult the educational management actions. For this, the council creation of Brazil manager configure, since the 80´s, detaching, and the single characterizing, in actual context. The objective is raise pertinent questions of thematic of representatives members participation of collegiate organs, evidencing the decision power of these, in public resource control. The theory-methodological referential the literature treat the participation and power decision of FUNDEF social control decision, such as politics directrix that rules this council. It utilizes as proceeding of collecting data the semi-structured interview and analyze of meeting register to understand the empirics of council implantation in this city, in view of that the electoral process configured in 2003, showed as a innovation, because the counselor is indicated by the local public power representatives (in this case the education municipal secretary). The research result show the representatives have difficult, to accompany the FUNDEF resources amount, particularly in concern in the financial resources (ratio) over plus. Finally, emphasize the importance of democratization in the relations between the state and civil society, elucidating and exciting reflections a: democratic participation in control of public recourses for education, educational management and civil society mobilization in access of public and cultural cash which the citizen has rights

Desenvolvimento e implantação de um sistema de gestão de pedidos de informação endereçados à Universidade Federal do Rio Grande do Norte a partir do serviço de informações ao cidadão (E-SIC)

Among the numerous policy changes that the world has experienced in recent years, occupies a prominent place in the quest for greater transparency of public agencies. Transparency has been an important tool in the accountability of the State to promote greater participation of the society by providing information that was previously restricted knowledge of public agencies. Brazil, following this trend, promulgated in May 2012 the Access to Information Act that seeks to disclose the actions of the State at all levels, in all public administration agencies. On the same day of the enactment of the law is provided society with a site that is empowering citizens to make their requests for information to government agencies. The Federal University of Rio Grande do Norte, which at that time had no a tool to assist them in managing this demand. This project has the objective to describe, build and implement a solution to solve this problem using Design Science Research as methodology. As result, the solution built in this research became a new module of the institution s ERP became it capable to control the entire process, and will be helpful to others partners which use our system ERP

Gestão híbrida em cooperativa de crédito: uma análise a partir do interesse, participação, satisfação e expectativa dos cooperados da COOPERUFPA

The globalization of markets has confirmed for the processes of change in organizations both in structure and in management. This dynamic was also observed in credit unions because they are financial institutions and are under the rules of the Brazil´s Financial System. Given the context of organizational changes in the financial capital has played the traditional management reform is urgent. In organizations credit unions, given its dual purpose, because in the same organizational environment and capitalism coexist cooperative whose logics are antagonistic, but can live through the balance between instrumental rationality and substantive rationality in credit unions. Based on this concept a new form of management should be thought to be able to accommodate the demand of cooperative, community, government and the market. Hybridization has been observed in management practices` COOPERUFPA into dimensions financial, social and solidarity participation with a trend in paradigmatic form of hybrid management, in that it directly or indirectly affect the management decisions in the credit union. The hybrid management is a trend that has been setting the basis for societal transformation, so that credit unions promote actions of welfare oriented cooperative members and the community around the same time that attend the dynamics of market globalization. These actions, in the context of hybrid management should be implemented by COOPERUFPA from the sociability of the remains and the wide diffusion of solidarity culture between cooperative partnership as a way to recover their participation in trade relations, financial and the social collective developement. For the members of COOPERUFPA financial interest is evidenced in greater relevance for the social interest given its dominant relationship as "mere customer" of the credit union, however, the proactive participation of the life of the cooperative credit union is one of its expectative among of participation of to share power in decisions by general meetings. This passivity`s cooperator of the COOPERUFPA in defending the ideals overshadowed the spread of cooperative principles and values of cooperation among them. Thus his conception for COOPERUFPA in the financial dimension, social and solidarity democracy, performed transversely. The COOPERUFPA for not developing an education policy for the cooperation among its members, contributed to a process of collective alienation of cooperative ideals, since the cooperative do not understand the reality that surrounds them as members of an organization whose mission is to social and financial sustainability of its members

Democracia Possível: espaços institucionais, participação social e cultura política

The present study aims at making a theoretically reflection about the reconstruction process of democracy that can be observed in the country since the opening political process, which took place with the Geisel´s government in 1974, passing through the first civil president, in 1985, the Constitution process, in 1986, and finally the Constitution promulgation in 1988. It interests to this study analyses the premise that the 1988 Constitution inaugurates the moment in which democracy starts to be reconstructed in the country, and that this reconstruction is made in such a brand new way, once it included the possibility of participation of the civil society in the deliberation of the public politics, what became possible with the creation of new spaces of a gestion shared by the three executive powers: federal; states; municipalities, and with the civil society, in the councils created in those spheres. In this way, this work wishes to focus the opening process to the civil society participation, wich became possible with the creation of the city councils of public politics. It´s about investigating the form in wich the relations set up in these hibrid spaces could be considered democratic, inclusive and promoters of effective participation, checking up tendencies, giving emphasis to regularities and some specifities encountered in the forms of participation, which have been observed in those councils. In order to comprehend the democratic process in construction in the country, the analysis of the relations established by the civil society and the local executive power in the obligatory municipal councils is taken as object of study, passing by the tensions wich evolves institutions and political practices, permeated by the local political culture. It starts from a briefly review of works already made on the subject

Participação administrativa processual na administração pública dialógica

The dissertation, which is based on the deductive method, by using general concepts of the theory of the administrative participation in the administrative process, addresses the importance of strengthening administrative and procedural activities of citizen involvement in public administration for the administrative consolidation of democracy in Brazil. The emergence of Administrative Law has particular importance for the understanding of its institutions and, of course, for the different fields of public administration. The authoritarian profile of this area of law still exists as a clear recollection of their origin, mainly based on a relationship of superiority of the state over the individuals. Indeed, does not even modern constitutionalism could print a true democracy administrative, since the constitutions were not properly observed by the Government. Furthermore, only the process of constitutionalization of administrative law legal relations took a more democratic profile. That is, the creation of an environment of dialogue with civil society is a recent achievement of the Brazilian government. As the administrative process involves dilemmas and solutions of state action, because it is revealed the expression government, the strengthening of institutions and principles related to the administrative procedure is important for role in making a more participatory relationship between state and citizen. Thus, administrative participation can be considered not only a mechanism of control and legitimacy of state action, but also for improvement and reduction of administrative costs, as a requirement of the principle of efficiency. The objective of this investigation is to assert as the administrative legal relation, the administrative legality, the administrative jurisdiction, the processuality administrative, the consensuality administrative and administrative justice, together with administrative participation, can contribute to a more democratic role of the Public Administration and, therefore, more dialogic and consolidator of the fundamental rights of citizens. Therefore, we highlight the importance of the administrative process and administrative participation as mechanisms for improving public policy and thus as a means of reducing administrative costs mediate the state

Democracia brasileira: fortalecimento da participação popular

A democracia tem representado ao longo da História o mais perfeito mecanismo político de convivência social, encontrando na soberania popular seu fundamento e legitimidade. De berço grego, instituiu-se sob princípios que radicavam o poder político no povo, exercido diretamente na ágora ateniense. O iluminismo dos séculos XVII e XVIII reacendeu o ideal democrático, encontrando no positivismo sua base teórica. O poder passou a ser exercido por via de representantes eleitos periodicamente. O locus da atividade política era o parlamento, ambiente fechado e refratário à participação popular, cingida, à época, ao voto do cidadão nos períodos eleitorais. O distanciamento entre governantes e governados gerou déficit de legitimidade no modelo liberal clássico, levando o constitucionalismo do século XX a abandonar o rigor formal positivista, para adotar uma nova hermenêutica, de base axiológica e centrada na participação direta do povo nas instâncias do poder. A Constituição Federal de 1988 compendiou a democracia participativa em seu texto, declarando no parágrafo único, de seu artigo 1º, que todo o poder emana do povo. Consagrou como base da soberania popular o sufrágio universal, o voto direto, secreto e de igual valor, além do plebiscito, do referendo e da iniciativa popular de leis. Garantiu ainda a ação popular como ferramenta de cidadania. A participação popular foi restringida com o advento da Lei nº 9.907/98, que impôs bloqueios processuais para seu exercício, gerando déficit de legitimidade no sistema representativo brasileiro. O propósito desse trabalho é demonstrar a necessidade de se estabelecer um novo espaço público na ordem constitucional do Brasil, de textura aberta e dialógica e de perspectiva emancipatória, que customize a participação do povo nas instâncias do poder, a partir da desburocratização dos instrumentos de soberania popular já existentes e da adoção de outros institutos democráticos semidireto, notadamente a iniciativa popular de emenda à Constituição, a revogação de mandato eletivo e o veto popular

Gestão democrática: autonomia e participação na Escola Estadual 11 de Agosto Umarizal/RN

The object of analysis of this work is the implementation of the election of director in the State School August 11, situated in the city of Umarizal, State of Rio Grande do Norte, period 2005-2008. The understanding of the politics concerning the school democratization, triggered in Brazilian society in the 1990s, requires taking into consideration the changes occurring in recent decades in the national and international, which impressed significant changes in the role and functions of the state. The election of a director is part of the policy of administrative decentralization and educational reform that focuses on the democratization of the management of public education with the involvement of social actors in decisions within the educational institutions as a way to address the problems that hinder the actions management education, especially school management. To better understand this process of political democratization of school management developed our analysis seeking to answer the following questions: implementation of direct election for a director ensures democratic management in schools? What are the ramifications for the school, caused by direct election on the school autonomy and participation of the subjects in school processes? From these questions, we set as standard for analysis of democratic management in schools of two dimensions: participation and autonomy within the school. For this we take as a theoretical and methodological literature: Pateman (1992); Rousseau (2010); Bourdieu (2007), Castoriadis (1991); Macpherson (1978); Marx; Engels (2007), among others dealing with participation, autonomy, decision power and election of director, and guidelines dealing with the democratization of school management. As data collection procedure, we use the semi-structured interviews and analysis of meeting minutes of the School Council and the Minutes of the final results of elections, to understand the empirical aspects of the implementation of the election of a director. The survey results indicate some progress and setbacks regarding the participation of subjects from issues relating to the school's educational project. Also underline the political interference as a factor crystallizer the centralization of power in the figure of the director as well as the advancement of the spaces that nurture the mobilization of political debate on the democratization of management. About the extent of autonomy observed that social actors to relate predominantly to the power of decision and the involvement of subjects in the school's actions

A autoavaliação institucional na Escola Municipal Estudante Emmanuel Bezerra: construindo uma dinâmica de participação

This project was based on an implemented investigation of the institutional self-evaluation at Municipal Emmanuel Bezerra school, located at the west zone of Natal capital in Rio Grande do Norte state, where school individuals were analysed in interaction. A qualitative research was taken under the use of several pieces of information and collected out of several sources, such as: managing, docent and administrative staff interviews; present school legislation, political pedagogical project, scholar regiment as well as the 2013 action plans documental analyses; and the literature review focused in books and articles which treats of evaluation, State Evaluator and the public educational politics in order to promote the dialogue between school theory and reality. The institutional evaluation has been the theme debated through several studies. However, with its major focus on the evaluation systems and High Education aiming to raise competition having implying the reaching of educational quality as justification under liberal view. Notwithstanding, over the controlling function of the educational results and competition trigger amongst the educational institutions to the accruement of the received resources, it is believed that this institutional evaluation, however the system, can assist in the educational services improvement offered to the local public, when endeavoured to the purpose of supporting human development. Having the obtained data, the self-evaluation process implemented at the concerned school, the conceptions which permeate the school environment as well as the community joining given in this object lesson, was described and analysed as dialoguing with the political pedagogical project and comprehending the constitution in a democratic management

Fatores influenciadores da participação pública na tomada de decisão ambiental :o caso do programa de combate ao caramujo gigante (Achatina fulica) em Parnamirim/RN

The aim of this work is to investigate the factors which influence people s participation in the enviromental decision, in Parnamirim, Rio Grande do Norte, from the vision of the residents of that area, approaching the Plan of Control/Eradication of the African s Huge Snail (Achatina Fulica),with the jointly work of IBAMA and Municipal Town Hall of Parnamirim .The applied methodology consists of a research (Survey kind) including 395 interviews by people who live in that county, with minimum age of 18, within an universe of 124.690 residents. The choice of the county was due to a detection (made by IBAMA technicians and reported in a Technical Report) -which showed that the dangerous Snail is already spreading in 14 of 17 districts of the county-, as well as the support given by Parnamirim s Town Hall, with the implementation of the Plan Control/Eradication of the African s Huge Snail, widely known as Day C . The research tools used in that research consists of questionnaires with all sorts of questions. The results show us that most of the residents were feeling threatened by the presence of the animal as well as having had a little participation in the fight against the animal. It also shows us that residents believe that organizations (Town Hall, IBAMA and Local Community) involved are able to solve the problem and believe that the amounts which organization are supposed to take 89,4 %, 87,6% and 80,8%, in that order. As we check the results, we notice in 95%, the variety of threaten and frequency reunion and participation level

O conceito de participação em João Escoto Eriúgena

This thesis aims at studying the concept of participation according to John Scotus Eriugena. The development of our research is based on an identification of Eriugena s sources, investigating the concept of participation since Dyonisus and the Greek Christian fathers, until the Periphyseon. To Eriúgena, the terms that are brought together in participation God, causes, and effects are, while everything that falls out of participation is not. Leaning on his understanding of the relation between cause and effect, according to which the effects participate in the cause and somehow are contained in it, he told us that all things and beings subsist eternally in God, and that God can signify Himself through the created things and beings. To Eriugena, creatures exist because they participate in the Divine Nature and receive their being from It, for nothing truly exists outside of It.

História, filosofia e espaços: a idéia de ocidente em Oswald Spengler

This article claim to estabilish a epistemologic discourse from the science history´s point of view in a moment where its statute,methods , approachs and possibility conditions, in history´s crisis period, depares itself in risk, as universitary institutions as european´s social imagination about knowing for excellence. Our spotlight though is the concept of space, a strong question to a timeless snip, once philosophy and History renounced this concept due to the time question, so commum used until nowdays in both discourses. From this perspective, we search to elucidate Spengler´s history and space point of view, attempting to the occidental idea produced by the author, tapping to the symbolical and discursive dynamics and its dialogic relation with westerner´s political and cultural in the end of XIX century toward second great war. Thereby Spengler´s effort was always crucial to define concepts of history, science, art, space,civilizations, culture, city, country and mainly discussing spenglerian relation to social-political facts that sorrounded him. And finally, his project of cientific revolution, which was displayed by Spengler as a challenge to History of science´s paradigm

Deliberação e participação: dinâmica e efetividade do conselho de saúde de Mossoró/RN – 2009/2012

The social participation in Brazil takes a new impetus with the (re)democratization process of the Brazilian society and is strengthened by the resurgence of the civil society and the 1988 Constitution. In this context, the study is conducted with the scope to verify the effectiveness of deliberative Municipal Health Council of Mossoro (CMSM), with theoretical and methodological support based on the following models: the participatory normativity, which measures the degree of institutionalization, democratization and council representation; and the effectiveness of deliberative that, from the calling capacity and agenda of the participants, from the kinds of manifestation, from the decisions and the council’s office, that measures the degree of effectiveness of the deliberative council. It appears, thus, that the council has an average degree of effectiveness deliberative, standing out as means an institution that practice, despite the existence of obstacles and challenges, the role of control over municipal health policies, due, among other factors, the conservative political context, the asymmetry of resources between the counselors, the little substantive participation of the actors who attend its meetings, either counselor or not, and in particular, the reduced influence of the members in its decision-making process. In public management of Mossoro, social participation, especially social control over public actions, face, today, great number of difficulties to be held. The study recognizes that, in such circumstances, the council partially fulfills the role for which it was created, what does not impede, however, be characterized as an important deliberative space, since it allows the participation of representatives of the various segments of the state, society, their demands and intentions. Overcoming such obstacles moves through the interest of civil society to wake up and fight for the spaces in these institutions.