O desafio constitucional da distribuição dos royalties de petróleo da bacia pré-sal para promoção de políticas públicas

The administrative model of the Brazilian State, based on regulation, strives, with the application of the efficiency principle and assessment of economical costs, to give a greater effectiveness to fundamental rights by implementing public policies.The objective of this work is to analyze the role of Oil royalties in the context of the Brazilian State, considering that, being an income gap, they might work as a device that promotes intra/intergenerational justice. By means of a correct and efficient distribution and application in the national region, the royalties constitute financial resources available for implementing public policies that intend to guarantee the fundamental rights; above all, with the discovery of the Pre-salt basin and the indisputable rise in the tax revenues arising from Oil exploration. In the making of this work, the theoretical-descriptive methodology is observed, grounded in a critical-reflexive analysis about Constitutional Law and Oil Law. This work analyzes the administrative model of the Brazilian State, the theory of costs of fundamental rights and the theoretical aspects about royalties, such as: the ethical and economical fundamentals, the distribution and destination of revenues, considering the oil exploration scenario before and after the discovery of the pre-salt basin. it is verified, with the present work, the importance of the creation of a new regulatory framework, and consequently the creation of a sovereign wealth fund, which arises to re-evaluate the application of the current norms of Oil revenue distribution. Still, it is imperative that the mechanisms for controlling the application of royalties are defined in detail, so that those can fully admit the objectives of intra/intergenerational justice. Furthermore, it is emphasized that this process should develop from the efficiency principle viewpoint, as well as the principle of reducing social and regional differences, given that the Oil revenues might be used to ensure fundamental social rights, by implementing public policies that are aligned with the development recommended by the Federal Constitution

Aplicação dos royalties de petróleo e a garantia constitucional do desenvolvimento sustentável

This paper aims to demonstrate the connection between the application of revenues from oil royalties, exhaustible, even if the long term, and the importance of attempting to the constitutional goal of ensuring the sustainable development, including proposals of regulation. It aims to clarify the constitutional goal of ensure that national development, pointing out its relationship with the right to an ecologically balanced environment, also constitutional provision, demonstrating its important role as a mandatory vector to the Brazilian government. Search the legal nature of the oil royalties and analyzes the regulatory framework of oil royalties, which included extensive legislation, sparse and controversial, a fact that hinders the work of hermeneutist. Pays attention to some international experiences about the application of oil royalties, aiming to establish parameters of other models that can be followed. Exposes the oil royalties as a revenue differentiated, because of its exhaustible character, so that, imperatively, should be used in productive investments, according to intergenerational equity and sustainable development. Proposes a special regulation for revenues from oil royalties with clear criteria for the use of resources, restrictions for its application, as well as controls and sanctions

Da casa grande ao condomínio fechado: o que mudou nas formas e modos de morar da família intergeracional no Nordeste e Sudeste do Brasil?

The focus of this study is to draw attention to the intergenerational family’s lifestyles and their various ways of cohabitation, in special to those families which are made by individuals of different generations, these families being constituted of, two or more individuals, or, two or more smaller families, which live under the same roof and have the elderly person as referential in their cohabitation. In those types of families, as for their ways of organization, it is interesting to note that the researches and productions done by inner architects and inner designers do not include this type of family arrangement because their studies do not cover this kind of structuralization nor was this type of organization put together with any of the ways of cohabitation. Therefore there is a theoretical concept void which is propositional, interventional and does not relate to the empirical reality. In observation to these remarks, the research starts a theoretic challenge of deconstruct or reconstruct our modern only habitational template, which is used today in all families configurations which out any regards to where this template will be used, unfitting to the intergenerational families who have elders. This study is then meant to give an differential analysis of the various domestic space’s templates in regards to the new families formats, their basic and special necessities, the home identities of those families which indicates the differential gap in housing and lifestyle from the higher social classes in comparison to the lower social classes. The interdisciplinary method was chosen in order to describe arrangements found in the lifestyles and the ways of cohabitation of the intergenerational families, this method is used for its knowledge base that better articulates the procedure method and the inductive reflexive approach made possible after an qualitative research. In order to accomplish that, an geographical space which tow real possibilities was selected, that is, the space where the people of great social and anthropological proximity are concentrated and the people which are the researcher kinships and friends, in between those are the habitants of Capim Macio’s, Candelária’s, Tirol’s and Petrópolis’s, neighborhoods, located in the south west zone of her home city Natal. It has been noticed that, meanwhile these intergenerational spaces do not claim their said spaces, because of their habits, necessities and relations in between generations and gender, their arrangements of said space are extremely creative. That means that alterations in the concepts of planning, construction and utilization of built spaces are imperative.

Da casa grande ao condomínio fechado: o que mudou nas formas e modos de morar da família intergeracional no Nordeste e Sudeste do Brasil?

The focus of this study is to draw attention to the intergenerational family’s lifestyles and their various ways of cohabitation, in special to those families which are made by individuals of different generations, these families being constituted of, two or more individuals, or, two or more smaller families, which live under the same roof and have the elderly person as referential in their cohabitation. In those types of families, as for their ways of organization, it is interesting to note that the researches and productions done by inner architects and inner designers do not include this type of family arrangement because their studies do not cover this kind of structuralization nor was this type of organization put together with any of the ways of cohabitation. Therefore there is a theoretical concept void which is propositional, interventional and does not relate to the empirical reality. In observation to these remarks, the research starts a theoretic challenge of deconstruct or reconstruct our modern only habitational template, which is used today in all families configurations which out any regards to where this template will be used, unfitting to the intergenerational families who have elders. This study is then meant to give an differential analysis of the various domestic space’s templates in regards to the new families formats, their basic and special necessities, the home identities of those families which indicates the differential gap in housing and lifestyle from the higher social classes in comparison to the lower social classes. The interdisciplinary method was chosen in order to describe arrangements found in the lifestyles and the ways of cohabitation of the intergenerational families, this method is used for its knowledge base that better articulates the procedure method and the inductive reflexive approach made possible after an qualitative research. In order to accomplish that, an geographical space which tow real possibilities was selected, that is, the space where the people of great social and anthropological proximity are concentrated and the people which are the researcher kinships and friends, in between those are the habitants of Capim Macio’s, Candelária’s, Tirol’s and Petrópolis’s, neighborhoods, located in the south west zone of her home city Natal. It has been noticed that, meanwhile these intergenerational spaces do not claim their said spaces, because of their habits, necessities and relations in between generations and gender, their arrangements of said space are extremely creative. That means that alterations in the concepts of planning, construction and utilization of built spaces are imperative.