Ambiente institucional no crédito rural :avanços e retrocessos

This work aims to study the institucional environment for the implementation of financing policies directed to familiar agriculture. The central hypothesis is that, although all changes occured in the credit norms, in order to reduce the existing obstacles for the access of outsiders, the same institucional arrangement remains which gave support to the modernization - crystallizer of strengthening structures of this exclusion. The most relevant pressuposition is that the poor agriculturists are the most displayed to the institucional limitations. The concepts of institucional arrangements and environments used in this work had been constructed with support of the institucional school, contemplating itself the economic dimension, the organizational sociology and political science. In the relation of the institucional changes with the state performance, the theorist reading was important that reflect on the relative autonomy of the State and studious of the Brazilian State. The empirical part consisted of a research which had been applied questionnaires with benefited and non-benefited agriculturists with PRONAF B, in thirteen cities of Rio Grande do Norte. In each city, interviews with four of its main mediators had been carried out. The research results had ratified the hypothesis of the work of that the conception of the public policies does not take in account the institution role in the behavior and the choices of the individual and collective agents, inferring itself that this policy, as others, lacks of mediation that exceed the rationality of legal landmarks

DEVIDO PROCESSO LEGAL E PROCESSO ADMINISTRATIVO SANCIONADOR NAS AGÊNCIAS REGULADORAS

This paper discusses the growing attention that, over the last decades, has been given to the administrative procedure in Administrative Law, as it also highlights the procedures which are in tune with the new trappings of this legal field. It focuses on the sanctioning competence of regulatory agencies, notably what concerns the procedural guide that conditions its exercise. It aims at gathering varied elements, many times dispersed over the legal system, so it is possible to list, with a satisfactory degree of detail, the procedural constitutional guidelines which are indispensable to the sanctioning of private entities through punitive action by regulatory agencies. It highlights the due legal process clause, for the abundance of the protective set there is around it, as a guiding constitutional principle for the application of sanctions by regulatory agencies. It examines the repercussion of the constitutional principle of the due legal process on Administrative Law, focusing on the most relevant principles on which the first unfolds itself. It analyzes, in light of the due legal process principle, the sanctioning administrative procedure developed in regulatory agencies. In conclusion, it is asserted that there is no room, in the Brazilian legal system as a whole, for sanctions to be applied summarily; that there reigns, in our system, an absolute presumption, dictated by the Constitution, that only through regular procedures can the best and fairest decision, concerning cases in which the rights of private parties could be affected, be taken by the public administration; that, respecting the principle of the right to a fair hearing, it is indispensable that there be motivation of a decision that imposes a sanction; that there should be, in homage to the principle of full defense and for the need to preserve the autonomy of the regulatory party, an appeal court in every agency; that the principles listed in the federal law No. 9.784/1999 should be mandatorily monitored by the agencies, for this is the only alternative consistent with the Constitution