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

A precarização do trabalho do enfermeiro na estratégia saúde da família: contribuição ao debate

This study makes an analysis of the work of nurse of the, uncovering the meaning of work and of precarious work for the nurse. aims to analyze the forms of precariousness of work of the nurse of Family Health Strategy the municipality of Pau dos Ferros-RN, Brazil. This is a qualitative study with analysis of the categories that emerged from search through dialog with the authors studied in theoretical framework of the sense of human work, the world of work actual and the precariousness of work in health. Used if the methodology of thematic oral history and semi-structured interview as an instrument for data collection and information. Participated 07 nurses of. There was predominance of females, with civil state married, with age between 29 and 47 years, inserted as nurses in Family Health Strategy 1 to 9 years. All referred satisfaction with work. Emerged 02 main meanings of work, whichever the design of work as a source of human and practical transforming of reality, with the sense of perform an action by the individual facilitator and suffers change. Include the precarious work not only as the absence of links labor and social protection, unlike the thought of the Ministry of Health, similar to the design of the study, the precariousness understood yet as the absence of participation of workers in the spaces work management and running of the work and the absence of structural conditions and infra-structural where the work process takes place. evidenced the totality of nurses inserted in Family Health Strategy by public tender. Refer have labor rights guaranteed. Don´t include under which legal arrangements are governed. The researched reality does not have a policy desprecarização nursing work of Family Health Strategy. Concluded the municipality presents progress and setbacks for the precariousness of work of the nurse of Family Health Strategy. The collective work in health is a challenge in researched reality and the policy of desprecarização of the work of the management of education and work was not evidenced. Despite the implementation of the public tender these professionals have a degree of precariousness of work, with the accumulation gradient of responsibilities, some lack of working conditions in structural aspects, infra-structural and means and instruments