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

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 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

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

Da bancada ao Bureau: análise do desenvolvimento da biotecnologia no Nordeste Brasileiro sob o enfoque de Sistema Regional de Inovação

The starting point of the present work consisted of investigating the development of biotechnology in the Northeast region of Brazil from the perspective of a Regional Innovation System (RIS). The theoretical framework adopted relied on the approaches and concepts presented by the Neo-Schumpeterian perspective. This framework was chosen because, by means of the Innovation System concept, this literature allows us to analyze the relationships and configurations of actors, as well as the role of the state and of social, science and technology, and economic policies in the studied region. The analysis considered four selected dimensions: physical infrastructure, human capital, scientific production, and funding. These variables were chosen because they allow us to verify the possibilities and limitations of developing a biotechnology RIS in the Northeast of Brazil, and these elements would help in answering the question behind this dissertation. The location of the physical infrastructure was determined by means of bibliographic and documental research and interviews with heads of institutions that do biotechnology research. Regarding human capital, the analysis focused on resource training in biotechnology, highlighting graduate courses and research groups in the area. To measure knowledge production, we delimited scientific collaboration among researchers in the field of biotechnology as the focus of this category. For the funding dimension, information was gathered from reports available at the websites of national and state funding agencies. The data was analyzed through method triangulation, involving quantitative and qualitative research stages. To back the analyses, we revisited the integration policies in the area of Science, Technology and Innovation. Our analysis has shown that these policies play a crucial role in the development of biotechnology in the region being studied. The data revealed that the physical infrastructure is concentrated in only three states (Bahia, Ceará, and Pernambuco). In this regard, the Northeast Biotechnology Network (Renorbio) stands out as a strategic actor, enabling states with poor infrastructure to develop research through partnerships with institutions located in another state. We have also verified that the practices involving human resource training and knowledge production are factors that enable the emergence of a regional system for biotechnology in the studied region. As limitations, we have verified the low immersion level of regional actors, the heterogeneity of socioeconomic indicators, the lack of financial resources, and a low innovation culture in the business sector. Overall, we have concluded that the development of a Regional Innovation System in Biotechnology, based on the current regional dynamics, depends on an effective change in the behavior of the social agents involved, both in the national and regional dimensions as well as in the public and private spheres

IIRSA: outro passo na pilhagem, exploração e (des) integração dos povos e territórios sul-americanos

La llamada Iniciativa para la Integración de Infraestructura Regional Suramericana (IIRSA) es un acuerdo multinacional celebrado entre los 12 países de América del Sur desde el año 2000, materializado a través de 10 ejes de comercialización orientados a la construcción de varios proyectos de infraestructura, que incluye la construcción de una enorme red de energía, de comunicación y transporte. Estos proyectos han sido financiados principalmente por los organismos multilaterales (BID, CAF, FONPLATA) profundizando la dependencia económica y política de los países involucrados, en especial mediante el aumento de la deuda externa, las empresas transnacionales garantizarán la infraestructura necesaria para la explotación más acentuada de nuestros recursos naturales y de la mano de obra barata, asegurando el abastecimiento de sus mercados. En este sentido, el discurso de crecimiento económico regional creará los mecanismos necesarios para la reproducción ampliada del sistema capitalista, mediante la promoción de la liberalización de los mercados internacionales, tales como intenta los Estados Unidos a través del Área de Libre Comercio de las Américas. En realidad, es un Desarrollo Regional de los países del Norte, un plan estratégico de ordenamiento territorial construido por transnacionales y dictado por el imperialismo de Norteamérica. Bajo la dirección del gobierno de Brasil ha sido implementado sigilosamente, para que los jefes de Estado, sin nombrarlo, ejecuten sus planes de desarrollo como parte de esta tan evidente estrategia de saqueo, entusiasmados y convencidos de que serán generosamente recompensados. Proclaman e inauguran proyectos de infraestructura que las empresas multinacionales y transnacionales consideran indispensables para el saqueo de los recursos naturales que aún quedan, después de cinco siglos de explotación continua de América Latina. En este sentido, nuestra investigación se volvió hacia el análisis de lo sector energético de lo Eje Perú-Brasil-Bolivia, por considerarlo de suma importancia para el mantenimiento de la explotación y consolidación hegemónica de las corporaciones multinacionales en América Latina

Análise de terrenos na porção setentrional da Província Borborema, NE do Brasil: integração de dados geológicos e gravimétricos

It is presently assumed that the Borborema Province resulted from a complex collisional process associated with the convergent movement of plates, possibly involving amalgamation and accretion of microplates. This process was consolidated at the end of the Brasiliano event. It is investigated the possible limits for the tectonostratigraphic terranes in the northern portion of the province based on an integrated study of geological and gravity data. The study area comprises the portion of the Borborema Province located north of the Patos Lineament, limited by longitudes 33º00 W and 43º29 44"W and latitudes 1º36 S and 8º00 S. A revision of the regional geology allowed to identify areas presenting contrasting geological attributes, possibly representing different terranes whose limits are always shear zones of Brasiliano-age. The Sobral-Pedro II shear zone is the only one undoubtedly presenting geological attributes of sutures zones. The other shear zones are very likely associated with a geodinymic context of accretion, involving oblique collisions (docking), transcurrent and/or transforming sutures, and deep intracrustal shear zones. The gravity data contributed as a tool to identify strong lateral contrasts of density inside the upper crust possibly associated with crustal blocks tectonically juxtaposed. The dominant long wavelength anomaly in the Bouguer anomaly map is an expressive gradient, grossly parallel to the continental margin, caused by density variation across the crust-mantle interface in the transition from the continental crust to the oceanic crust originated by the separation between South America and Africa. Medium to small wavelength anomalies are due to intracrustal heterogeneities such as different Precambrian crustal blocks, Brasiliano-age granites and Mesozoic sedimentary basins. A regional-residual separation of the Bouguer anomaly map was performed in order to enhance in the residual map the effect due to intracrustal heterogeneities. The methodology used for this separation was a robust polinomial fitting. The inversion of residual gravity field resulted in a density contrast map (Δρ), in an equivalent layer that provided more accurated anomalies contours and consolidated the model which the sources of residual anomalies are located in the upper part of the present crust. Based on the coincidence of gravity lineaments in the residual map and Brasiliano shear zones, and using additional geological information, the following shear zones are proposed as limits between terranes: Patos shear zone, Sobral-Pedro II shear zone, Picuí-João Câmara shear zone, Remígio-Pocinhos shear zone, Senador Pompeu shear zone, Tauá shear zone, and Portalegre shear zone. Based on the geological/geophysical information it is attributed a higher level of confidence to the first three proposed limits(Patos, Sobral Pedro II, and Picuí-João Câmara shear zones). From west to east, these shear zones individualize the following terranes: Northwest of Ceará terrane, Central Ceará terrane, Tauá terrane, Orós-Jaguaribe terrane, Seridó terrane, and São José de Campestre terrane. In our study, the Rio Piranhas and Patos terranes are questioned because their previously proposed limits do not present good geological and gravimetric evidences. On the other hand, the previously proposed Cearense terrane is now subdivided into Central Ceará and Tauá terranes. Two residual gravity profiles located in the Seridó belt were interpreted using 2 ½ D direct gravity modeling. The main result of the modeling process is that all anomalies, with the exception of one, can be explained by outcroppring bodies, therefore restricted to the upper part of the present crust

Desenvolvimento regional: um debate sobre as políticas industriais no Rio Grande do Norte

The discussion of economic development emphasizes the emergence of a gradual change of economic structure, which would rise from an agrarian to the industrial stage, and later with a predominant tertiary sector. However, the high Brazilian regional inequality resulted in the coexistence of modern spaces and other arrears. Such disparities are visible not only in economics, but spatial, social and environmental. Although Brazil has gone through changes in the production structure and the location of these activities, space - territorial disparities manifest themselves in a high level of regional heterogeneity. In this context, the Northeast emerged as a region that has historically been characterized by socioeconomic backwardness and the presence of the worst indicators of inequality. The presence of these indicators showing the socioeconomic backwardness of the other fronts region contributes to the priority of action aimed at reverting this regional disparity public policy. The historical account of the development policies of regional studies shows that the state played a pivotal role in ensuring regional planning. Besides the creation of development agencies such as the Northeast Sudene, tax and financial incentives have been widely used strategies in the region to foster greater national integration. However, the use of incentives is much discussed in view of the possible advantages and disadvantages brought by its use. Thus, this study aims to build a theoretical framework tool for building effective public policies for industrialization in the Northeast, specifically in Rio Grande do Norte.

Da bancada ao Bureau: análise do desenvolvimento da biotecnologia no Nordeste Brasileiro sob o enfoque de Sistema Regional de Inovação

The starting point of the present work consisted of investigating the development of biotechnology in the Northeast region of Brazil from the perspective of a Regional Innovation System (RIS). The theoretical framework adopted relied on the approaches and concepts presented by the Neo-Schumpeterian perspective. This framework was chosen because, by means of the Innovation System concept, this literature allows us to analyze the relationships and configurations of actors, as well as the role of the state and of social, science and technology, and economic policies in the studied region. The analysis considered four selected dimensions: physical infrastructure, human capital, scientific production, and funding. These variables were chosen because they allow us to verify the possibilities and limitations of developing a biotechnology RIS in the Northeast of Brazil, and these elements would help in answering the question behind this dissertation. The location of the physical infrastructure was determined by means of bibliographic and documental research and interviews with heads of institutions that do biotechnology research. Regarding human capital, the analysis focused on resource training in biotechnology, highlighting graduate courses and research groups in the area. To measure knowledge production, we delimited scientific collaboration among researchers in the field of biotechnology as the focus of this category. For the funding dimension, information was gathered from reports available at the websites of national and state funding agencies. The data was analyzed through method triangulation, involving quantitative and qualitative research stages. To back the analyses, we revisited the integration policies in the area of Science, Technology and Innovation. Our analysis has shown that these policies play a crucial role in the development of biotechnology in the region being studied. The data revealed that the physical infrastructure is concentrated in only three states (Bahia, Ceará, and Pernambuco). In this regard, the Northeast Biotechnology Network (Renorbio) stands out as a strategic actor, enabling states with poor infrastructure to develop research through partnerships with institutions located in another state. We have also verified that the practices involving human resource training and knowledge production are factors that enable the emergence of a regional system for biotechnology in the studied region. As limitations, we have verified the low immersion level of regional actors, the heterogeneity of socioeconomic indicators, the lack of financial resources, and a low innovation culture in the business sector. Overall, we have concluded that the development of a Regional Innovation System in Biotechnology, based on the current regional dynamics, depends on an effective change in the behavior of the social agents involved, both in the national and regional dimensions as well as in the public and private spheres