Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional

A ação do coordenador pedagógico e as suas contribuições a vivência compreensiva sob a perspectiva conscienciológica

This work is based on a reflection about my personal and professional background as a teacher and a pedagogical supervisor in two public schools in the municipality of Natal, RN, and how relevant this background is to the development of a proposal of continued formation within the scope of the school, in which a diversity of actionreflection strategies are present. In such contexts, I have identified several of my personality traits as being likely advantages or disadvantages that may contribute or not to the coming up of misunderstanding situations. The self-research experience and the identification of new dimensions of self-evaluation, self-observation and attention serve as a basis to think about the importance of experiencing the understanding within the ambit of the school. The reflections about my actions and those of the teachers bring up the hypothesis that the misunderstandings in the teaching-learning process and in the affective relations are the result of a fragmented, naive and egotistic way of thinking. Thus, they don t contribute to an experience of mutual understanding. That is why there must be an investment on new strategies of self-research and dialogue within the scope of pedagogical meetings that may come to help all educators with the analysis, identification and solving of their own problems as well as the other s. Under this perspective, the question that guides this study assumes the presupposition that the educator can invest in a qualified and meaningful pedagogical formation, either one s own and others , if one has a critical-reflexive overview about oneself and the school s pedagogical process. This research aims to explore, discuss and encourage new reflections about the act of researching in the pedagogical supervisor s role, questioning about the possibility of this action to generate contributions to the process of one s own and other s pedagogical formation within the scope of the school, in a conscientiological perspective, in which the manifestation of the thosenes of the educators are valorized. We approach Paulo Freire (1921-1997), as we see the dialogue as very important to the development of this research work, as well as an encouragement to the consciential dialogue. The empirical research took place from June 4, 2004 to November 11, 2004, with 8 pedagogical meetings and with the participation of 2 pedagogical supervisors and 8 teachers. The application of this new methodology within the scope of pedagogical meetings brought considerable contributions to the interpretation of the elements of the educators thosenes, classified according to the following: uncritical, naïve and critical thoughts; sentiments of assistential or non-assistential affectivity; and actions that may or not make the experience of mutual understanding possible. The action of the pedagogical supervisor and one s contributions to the understanding brought up reflections about new ways of investing in the process of continued formation within the scope of the school

Ser bacharel e professor: sentidos e relações entre o bacharelado e a docência universitária

The need to research about meanings and relationships between individuals with Bachelor s degrees and Teaching can be considered an exercise capable of aiding in the comprehension of the very performance of the Bachelor as teacher. The guiding question of this study asks: what relationships are established by Bachelors, who are teachers, between their professional education and their performance as a teacher? My objective is to understand the meanings attributed by the Bachelor teachers to teaching at the university level, seeking indicators about the relationships established by them, between their professional education and being a teacher. For this, the methodology used was the Comprehensive Interview, which permits, through the individual s oral discourse, the interpretation of meanings and values expressed by the teachers about their actions. The research is done through oral discourse collected in interviews and from these I analyze the elements that are revealed, and those which help me in the development of this object of study. I understand that the contribution about the possibilities of action and continued education for Bachelors who act as instructors in Higher Education is increasingly necessary, through research, because through continuing education teachers can revisit their actions and reformulate meanings they attribute to teaching as a profession. I consider the debate about meanings about teaching and the relationships with the initial education is not only necessary in the investigation of the Bachelors who act as professors, but also the credentialed teachers, because the teacher s sense of identity and their professional development is constructed through a historical process and in relation to the alternative positioning in the contexts of which they are a part

Vivências de docentes de enfermagem no ensino do cuidar

Care, in a global perspective, appears in the main quarrels as the necessary phenomenon that will have to permeate the thoughts, the perception and values for the change that will lead to the overcoming of a paradigmatic crisis. The professional care was attributed, in elapsing of history, to the Nursing. Its historical evolution and articulation with the social processes, political and scientific in prominence place, in what it says respect to human well-being, not objectifying to cure, but to comfort, to complement the weak capacities and to the establishment the present capacities, alleviating pain, in other words, caring. The Teaching of care in Nursing, suffered great influences of the biomedical model, being like this, the education in Nursing has been criticized for if being valid pedagogical models incapable to promote the growth of the subjects, keeping it passive before your life processes, showing fragilities, attitudes and questionable behaviors, dissonances, appearing the imminence of an act of to care and to educate that needs to be considered as dialectical and intersubjective act. The objective of this research is to understand the lived experience of the nursing teachers in the Teaching of Care, in order to reflect about the insert of Nursing in the current world context, watching the dialetics of the Teaching of care and the paradigm changes in the section health. It is a phenomenological research that used the analysis of the located phenomenon, to obtain the units of meaning of the speech Nursing teachers about your experience lived in the Teaching of care. This study allowed the Nursing teachers could share your existences, senses and information on the interior of your pedagogic action exalting the interpretation, which appears intentionally in the conscience, emphasizing the pure experience of the be-professor, including emotions and affectivities in the teaching of care. In the construction of the results, three moments were devoted for discussion: Multidimensional Care; Care as Professional Practice; and the Teaching of care. The speeches had revealed rich, complex and for paradoxical times. The understanding of a sensitive teaching, that sometimes, arrives if to worry in rescuing the tenderness and the humanity, it is running into the other permeated speeches of fragilities, inconstancies, technifying, that showed lacks of pedagogic preparation. The Teaching of care needs to adopt a conception of education/learning and to use methodologies that can lead to an action liberating, capable to breach with traditional mooring cables and preconceptions or little healthful habits of life, favoring the use of methods that promote educating for the way of the sensitive, detaching aspects that they contribute for this end, as the intuition, the emotion, the creation, the perception and the sensibility. In this direction, it is considered important to deepen subjects that make possible the creation of care strategies and educational with the human being vision in your totality, therefore if it perceives that the necessary therapeutical boarding to be ampler, passing for the social individual, family and its relations

Folhetos de cordel entre realidade e ficção cotidiana: um estudo da mídia na construção do personagem Seu Lunga

In this work, from the case of Mr. Lunga, a character of the brazilian northeastern culture whose stories circulated orally until they turned into verses of cordel (regional literature illustrated by xylographic printing images), we intend to understand that gender of leaflet, as significant cultural product, like media, with specific language features that act as means of construction and transmission of realities. To understand this phenomenon of meaning production in the cordel media, we used hermeneutics as a method and applied the general theory of interpretation in six chosen leaflets. We worked with a constructivist perspective that grounds the discussion of everyday reality and fiction, concepts that are raised around the essence of the character that is real, but it is also part of the creative activities of poets, how both are interrelated and constitute the understanding that individuals have the real. From the analyzes, we realize that each poet presents the fields of significance of Mr. Lunga in a different way, based on subjectivity, intention and mediations between each of them and the discourses they produce. Each cordelist contributes in his own way of significance for the construction of the imaginary Mr. Lunga. The speech of the cordelists contains a number of elements that aim to legitimize as truth the actions described. In this confrontation, our goal in this work is to understand the construction of the fields of signification, where these discourses are located, the production of meaning around a character who is not in a finite field, but transits through many of them, making the boundaries between reality and fiction dynamic

A natureza da alma e o clinamen: ação e liberdade em Lucrécio

The concept of freedom and his presupposition, the free will or libera voluntas in Lucretius relies on the notion of clinamen (declination), an occasional and random motion of atoms, inaccessible to experience. It is endowed with a complex movement provided by spontaneity, without the need for mechanical causes. The action of perceiving (sensus) is selfconsciousness, according to which this will, illuminated by previous experiences (sensory, intellectual or emotional) of the soul, takes advantage of the freedom and own spontaneity of atomic motions to drive them to a perceived direction and chosen. On the other hand, if we consider that the declination has a predominant role for the acts of will, we are facing other problems and questions. There is always the choice of a determined action and, therefore, even if the individual is facing a need to act, is possible choose to do not continue finish this action. Thereby, the will is related to conditions that are originate, ultimately, from the images formed randomly in space and impress the soul: the simulacra of desire and pleasure. The declination itself is a very important notion in this research, in order to emphasize the relationship between the freedom and the kinetic of elements. The approach developed in this work had as main objective to investigate the philosophy of nature and the soul in Lucretius, their constituents and movement, as well as demonstrating how the notion of clinamen articulates with the concepts of image, desire and pleasure, proposing a possible interpretation for the declination as an indeterminate and ethical foundation of freedom

Evolução tectono-estrutural do Campo de Xaréu (Sub-bacia de Mundaú, Bacia do Ceará - NE do Brasil: abordagem multiescala e pluriferramental

The Xaréu Oil Field, located in the center-southern portion of the Mundaú Sub-Basin (eastern portion of the Ceará Basin), is characterized by a main Iramework of NW-trending and NE-dipping faults. The faults in the Xaréu Oil Field, among which the Xaréu Fautt stands out, are arranged according to an extensional-listriclan, rooted on a detachment surface corresponding to the Mundaú Fault, the border fautt of Mundaú Sub-Basin. During the tectonic-structural evolution of the Xaréu Oil Field and the Mundaú Sub-Basin, the Mundaú Fault played a crucial role on the control of the geometry of both compartments. The main carbonatic unit in the Xaréu Oil Field, named the Trairí Member(Paracuru Formation of Late Aptian to Early Albian age), contains the largest oil volume in the field, concentrated in structurally-controlled accumulations. The Trairí Member is composed by a variety of carbonatic rocks (massive, bedded or laminated calcilutites, ostracodites, calcarenites and carbonatic rudites, all of them presenting variable degrees of dolomitization). The carbonatic rocks are interbedded into thick packages of black shales and marls, besides local beds of siliciclastic conglomerates, sandstones, siltnes and argillites. From the spatial association and the genetic relationships between the carbonatic and siliciclastic units, it is possible to group them in three lithofacies associations (Marginal Plain, Ramp and Lacustrine Interior) that, together, were developed in a lacustrine system associated to a marginal sabkha. Structural studies based on drill coresthat sample the Trairí Member in the Xaréu Oil Field allowed to characterize two generations of meso- to microscale structures: the D1 group presents a typical hydroplastic character, being characterized by intra/interstratal to oblique-bedding shear zones. The hydroplastic character related to these structures allowed to infer their development at an early-lithilication stage of the Trairí Member, leading to infer an Early Cretaceous age to them. The second group of structures identified in the drill cores, nominated D2 and ascribed to a Neogene age, presents a strictly brttle character, being typilied by normal faults and slickenfibers of re-crystallized clayminerals, ali olthem displaying variable orientations. Although the present faults in the Xaréu Oil Field (and, consequently, in the Mundaú Sub-Basin) were classically relerred as struetures of essentially normal displacement, the kinematics analysis of the meso-to microscaie D1 struetures in the drill cores led to deline oblique displacements (normal with a clockwise strike-slip component) to these faults, indicating a main tectonic transport to ENE. These oblique movements would be responsible for the installation of a transtensive context in the Mundaú Sub-Basin, as part of the transcurrent to translormant opening of the Atlantic Equatorial Margin. The balancing of four struetural cross-sections ofthe Xaréu Oil Field indicates that the Mundaú Fault was responsible for more than 50% of the total stretching (ß factor) registered during the Early Aptian. At the initial stages of the "rifting", during Early Aptianuntil the Holocene, the Mundaú Sub-Basin (and consequently the Xaréu Oil Fleld) accumulated a total stretching between 1.21 and 1.23; in other words, the crust in this segment of the Atlantic Equatorial Margin was subjeeted to an elongation of about 20%. From estimates of oblique displacements related to the faults, it ws possible to construct diagrams that allow the determination of stretching factors related to these displacements. Using these diagrams and assuming the sense 01 dominant teetonictransport towards ENE, it was possible to calculate the real stretching lactors related to the oblique movement 0 of the faults in the Mundaú Sub-Basin. which reached actual values between 1.28 and 1.42. ln addnion to the tectonic-structural studies in the Xaréu Oil Field, the interpretation of remote sensing products, coupled wnh characterization of terrain analogues in seleeted areas along the northern Ceará State (continental margins of the Ceará and Potiguar basins), provided addnional data and constraints about the teetonic-structural evolution of the oil lield. The work at the analogue sites was particularly effective in the recognition and mapping, in semidetail scale, several generations of struetures originated under a brittle regime. Ali the obtained information (from the Xaréu Oil Field, the remote sensor data and the terrain analogues) were jointly interpreted, culminating with the proposnion of an evolutionary model lor this segment of the Atlantic Equatorial Margin; this model that can be applied to the whole Margin, as well. This segmentof the Atlantic Equatorial Margin was delormedin an early E-W (when considered lhe present-day position of the South American Plate) transcurrent to transform regime with dextral kinematics, started Irom, at least, the Early Aptian, which left its record in several outcrops along the continental margin of the Ceará State and specilically in the Xaréu off Field. The continuous operation of the regime, through the Albian and later periods, led to the definitive separation between the South American and African plates, with the formation of oceanic lithosphere between the two continental blocks, due to the emplacement off spreading centers. This process involved the subsequent transition of the transcurrent to a translorm dextral regime, creating lhe Equatorial Atlantic Oceano With the separation between the South American and African plates already completed and the increasing separation between lhe continental masses, other tecton ic mechanisms began to act during the Cenozoic (even though the Cretaceous tectonic regime lasted until the Neogene), like an E-W compressive stress líeld (related to the spreading olthe oceanic floor along lhe M id-Atlantic Ridge and to the compression of the Andean Chain) effective Irom the Late Cretaceous, and a state of general extension olthe horizontal surface (due to the thermal uplift ofthe central portion of Borborema Province), effective during the Neogene. The overlap of these mechanisms during the Cenozoic led to the imprint of a complex tectonic framework, which apparently influenced the migration and entrapment 01 hydrocarbon in the Ceará Basin

Caracterização de processos morfodinâmicos e hidrodinâmicos do cinturão lacustre meridional da Reserva Biológica do Lago Pirituba, Amapá

The Amapá State has an important natural lake system, known as The Amapá Lakes Region . Most of these lakes are on the southern part of Amapá s coastal plain, which has 300 km of extension and it s composed by holocenic sediments deposited at the northern part of Amazon River to the Orange Cape located on the northern part of Amapá state. This region is under influence of the Amazon River discharge which is the largest liquid discharge of about 209.000 m³/s and biggest sediment budget discharged on the ocean in the order 6.108 ton per day. The climate is influenced by the Intertropical Convergence Zone and El Niño Southern Oscillation which act mainly under precipitation, nebulosity, local rivers and tidal hidrology. In this region lake belts are Ocidental, Oriental and Meridional Lake Belts. The last one is formed by the by the lakes Comprido de Cima, Botos, Bacia, Lodão, Ventos, Mutuco and Comprido de Baixo. These lakes are the closest to the Araguari River and are characterized by pelitic sedimentation associated with fluvial and estuarine flood plains under influence of tides. The lakes are interconnected, suffer influence of flood pulses from the Tartarugal, Tartarugalzinho and Araguari rivers and the hydrodynamic and morphodynamic know edge is poor. Volume and area reduction, natural eutrophication, anthophic influence, hidrodynamic alterations, morphological changes and are factors which can contribute to the closing of such lakes on the Meridional Lake Belt. This belt is inside the boundaries of the Biological Reserve of Piratuba Lake, created in 1980 for integral protection. Due to the fragility of the environment together with the poor knowledge of the system and with the study area relevancy it is necessary to know the hydrodynamic and geoenvironmental processes. This work aims the characterization of morphodynamic and hydrodynamic processes in order to understand the geoambiental context of the Meridional Lake Belt, from the Comprido de Baixo Lake to the dos Ventos Lake, including the Tabaco Igarape. Methodology was based on the hydrodynamic data acquisition: liquid discharge (acoustic method), tides, bathymetry and the interpretation of multitemporal remote sensing images, integrated in a Geographic Information System (GIS). By this method charts of the medium liquid discharges of Lake Mutuco and Tabacco Igarape the maximum velocity of flow were estimated in: 1.1 m/s, 1.6 m/s and 1.6 m/s (rainy season) and 0.6 m/s, 0.6 m/s and 0.7 m/s (dry period), the maximum flow in: 289 m³/s, 297 m³/s and 379 m³/s (rainy season) and 41 m³/s , 79 m³/s and 105 m³/s (dry period), respectively. From the interpretation of multitemporal satellite images, maps were developed together with the analysis of the lakes and Tobaco Igarape evolution from 1972 to 2008, and were classified according to the degree of balance in the area: stable areas, eutrophic areas, areas of gain, and eroded areas. Troughout analysis of the balance of areas, it was possible to quantify the volume of lake areas occupied by aquatic macrophytes. The study sought to understand the hydrodynamic and morphodynamic processes occurring in the region, contributing to the elucidation of the processes which cause and/or favor geoenvironmental changes in the region; all such information is fundamental to making the management of the area and further definition of parameters for environmental monitoring and contributing to the development of the management plan of the Biological Reserve of Lake Piratuba. The work activities is a part of the Project "Integration of Geological, geophysical and geochemical data to Paleogeographic rebuilding of Amazon Coast, from the Neogene to the Recent