As raízes históricas da política criminal na legislação e nas práticas de atendimento ao adolescente em conflito com a lei

This thesis investigates the historical influence of the criminal policy in the context that shapes the first specific law for children and adolescents in Brazil, the 1927 Children's Code, a standard that inaugurates the conceptual scission between children and "minor" and their different treatment by the State. The study addresses the demand for order in the context of changes in the working world in the transition from the slave system to the capitalist mode of production, and the corresponding disciplinary and punitive control mechanisms directed to the segment of childhood and adolescence. The theoretical route proposes a questioning of the political construction of law and justice, as well as the conformation of the punitive techniques, and the construction of the stereotype of the "delinquent", prime target of the criminal policy, focusing on the process of criminalization of the segment in question through the confrontation of the Critical perspective with the approaches of Classical and Positive schools. This research shows the imposition of a bourgeois morality that obscures the social conflict attributing it to people isolated by the criminalization of their conduct; and points out that the historical forms of selective social control were greatly influenced by psychiatry and psychology, either by the elaboration of the image of the "delinquent" or by the expected performance of custodial institutions. Finally, the developments and the permanence of the historical roots of the criminal policy are problematized, relating them to the difficulties currently encountered in the consolidation of the legal garantism paradigm proposed by the Children and Adolescent Statute.

As raízes históricas da política criminal na legislação e nas práticas de atendimento ao adolescente em conflito com a lei

This thesis investigates the historical influence of the criminal policy in the context that shapes the first specific law for children and adolescents in Brazil, the 1927 Children's Code, a standard that inaugurates the conceptual scission between children and "minor" and their different treatment by the State. The study addresses the demand for order in the context of changes in the working world in the transition from the slave system to the capitalist mode of production, and the corresponding disciplinary and punitive control mechanisms directed to the segment of childhood and adolescence. The theoretical route proposes a questioning of the political construction of law and justice, as well as the conformation of the punitive techniques, and the construction of the stereotype of the "delinquent", prime target of the criminal policy, focusing on the process of criminalization of the segment in question through the confrontation of the Critical perspective with the approaches of Classical and Positive schools. This research shows the imposition of a bourgeois morality that obscures the social conflict attributing it to people isolated by the criminalization of their conduct; and points out that the historical forms of selective social control were greatly influenced by psychiatry and psychology, either by the elaboration of the image of the "delinquent" or by the expected performance of custodial institutions. Finally, the developments and the permanence of the historical roots of the criminal policy are problematized, relating them to the difficulties currently encountered in the consolidation of the legal garantism paradigm proposed by the Children and Adolescent Statute.

Análise dos efeitos da legislação urbanística na formação e crescimento do Bairro de Lagoa Nova: planos diretores de 1974, 1984 e 1994

To Analyze the Managing Plans of Natal in the decades of 1970, 1980 and 1990, identifying elements that had contributed for the growth of the Lagoa Nova quarter, capital one of the Rio Grande do Norte state. Ahead of the sped up growth of the urban centers, many times is not given to analyze which law had taken care of to its objective, and which the imperfections that had appeared during the application of these laws. To make the comparisons in you square them chosen at there distantinct times made possible to analyze the form as the ground of Lagoa Nova absorbed the proposals laws.Therefore toanalyze influences it of the Managing Plans, to make comparatives analyses between the urbanistics condicion, made possible to understand that the fabric urban of the quarter of Lagoa Nova is a true granary of information that it makes possible to the dedicated ones to the urban studies, a true field of analysis

Legislação de rotulagem nutricional: instrumento de informação na promoção de escolhas alimentares - Natal-RN

Resolutions of the Board of numbers 359 and 360, of December 23, 2003, relating to Nutrition Labelling for Packaged Foods, establish quality standards and provide the education activities for health consumption, since one of the factors that enable the selection of healthier foods are the food labels as an important part in nutrition education. This is a descriptive study with a cross-sectional design. To calculate sample size, it was considered a margin of error of 20%, confidence level of 95% and prevalence of 52.5% for verifying nutritional information in a pilot study conducted in 2007. A total of 145 subjects were interviewed, resulting in 371 consumers in Natal, Rio Grande do Norte, Brazil, in order to determine prevalence of consulting nutritional information contained on food labels as a nutritional guideline for consumers and its association with sociodemographic variables as well as identify the intervention measures suggested by intervieweds so that this information can be better used to select healthy foods. Twenty-five of the 69 supermarkets belonging to the Supermarket Association of Rio Grande do Norte (ASSURN) were randomly selected. Data collection relied on interviews and extensive direct observation, using a semi-structured form composed of eight closed questions, some of which were multiple choice, and ten open questions. The chi-square test was performed for statistical analysis, using Statistical Package for Social Sciences (SPSS) 15.0 software. Label information most consulted was: expiry date (91.6%); product brand (49.4%); nutritional information (47.0%); zero trans fat (32.9%); zero sugar content (12.8%); zero fat content (3.0%); rich in fibers (2.7%); whether light or diet (30.4%); list of ingredients (16.8%); whether the product contained gluten or not (4.1%). When asked about the importance of nutritional information, 96.8% of the subjects responded important or very important ; of these 46.6% and 3.8% reported partially or totally understanding the information presented. It was found that 41.6% of the consumers consulted nutritional information for dietary reasons related to nontransmissible chronic diseases and 35.7% to be able to choose healthier foods. The data show a significant association between motivation to choose healthier foods and higher family income and schooling (p<0.0001). The intervention measures mentioned to make nutritional information better understood and used were: information and orientation about nutritional information, provided by qualified professionals in the supermarkets, the commercial establishment or the product manufacturer (73.9%) and media disclosure about the nature, importance and purpose of nutritional information (42.9%). In despite of communication noises the consumers use the nutrition claim for the nutritional guidance, showing association with some demographic variables. However, they desire the implementation of intervention measures that can be contextualized in the political construction of nutrition education to promote healthy food choices

A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights

A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

Análise econômica da expansão do direito penal

Aborda a evolução histórica das liberdades individuais, a partir de apontamentos pertinentes ao constitucionalismo liberal, à formação do Estado de Direito e ao advento dos regimes democráticos amparados em direitos fundamentais. Pretende, quanto aos direitos fundamentais, mostrar diversas classificações, funções, critérios e conceitos, além da sistematização de gerações ou dimensões de direitos. Discorre acerca da teoria dos limites aos limites, ao lado de teorias correlatas em profícua confrontação doutrinária, tudo com fins a estruturar os conceitos basilares de direitos de liberdade, que orientam o restante da obra. Trata do cenário histórico-jurídico do surgimento da Análise Econômica do Direito (AED), consistente, sobretudo, no jusrealismo norte-americano, abordado, em paralelo, com o realismo jurídico escandinavo. Aplica conceitos e premissas de microeconomia ao Direito Penal, com ênfase para a investigação do comportamento criminoso empreendida pela Economia do Crime. Avança não apenas restrito à perspectiva teórica, trazendo dados empíricos e implicações concretas da teoria econômica dos delitos e das penas, que serão reconhecidos na evolução e redução da criminalidade, nas políticas de desarmamento, na estruturação empresarial do narcotráfico, bem como na otimização da administração penitenciária brasileira a fim de concretizar o preconizado pela legislação de execução penal. Desenvolve estudo a partir da leitura histórica do Direito Penal, passando pelos conceitos de sociedade complexa e de riscos. Analisa, após fixados tais pressupostos, algumas causas do processo de expansão do Direito Penal com vistas a identificar propostas alternativas ao hiperpunitivismo hodierno, preservando-se, assim, os direitos de liberdade que sustentam o Estado Democrático de Direito. Propõe uma desconstrução do conceito jurídico do princípio da eficiência administrativa, demonstrando como seu conteúdo normativo foi demasiadamente mitigado pela recepção precária dos respectivos elementos econômicos por parte da doutrina e da jurisprudência pátria. Ressalta a importância jurídica da eficiência econômica, devidamente harmonizada com os demais princípios constitucionais, por força do instrumental analítico da AED Positiva. Investiga criticamente algumas teorias sociológicas tendentes ao funcionalismo penal, sob referenciais de eficiência e de direitos de liberdade. Almeja, ao final, propor a AED como alternativa à expansão funcionalista e irracional dos tipos e sanções criminais, de modo que a aproximação entre Economia do Crime, eficiência econômica e Direito Penal contribua para blindar os direitos de liberdade das vicissitudes típicas da sociedade contemporânea

Mãe-esposa e professora: educadoras no final do século XIX

This text is organized through discussions undertaken in the area of the History of Education in Rio Grande do Norte, circumscribed to the History of Women from the first decades of the Brazilian Republic, and to the analysis of what was expected of this education. We examined representations of women in Natal, between 1889 and 1914, with the goal of configuring relations between the sexes with the emphasis on moral, intellectual and pedagogical aspects required of these women. As documental sources we utilized the educational, civil and criminal Legislation, on a National scope, as well as on a State and Municipal scope. We circumscribed our search to the newspaper A República, in which we found literature that circulated in Natal in the form of pamphlets, short stories and poetry, as well as other texts by authors that were part of the corpus of analysis of this study, located in public and private archives in Rio Grande do Norte, such as the Historical and Geographic Institute of Rio Grande do Norte (IHGRN) and the State Public Archive of Rio Grande do Norte (APE-RN). The use of the indexing method and the propositions of Cultural History were the appropriate theoretical-methodological framework to complete studies of this nature. This operational perspective permitted us to elaborate nuances about this time of transition from the 19th to the 20th Century, and to spotlight the fire of the women from this period. The basis of the argument that related women to maternity and domesticity, and within the ideals of abnegation and religious leadership, aligned to a demand coming from the increase in the quantity of schools for women, allocated women as the most appropriate for superior in educational performance in the country, based on its foundations: primary education. Beyond the universe of formal education, the other side of women appeared in republican politics. The mother-spouse and the institutionalization of domestic education associated the female gender with the role of educator at home as well. Be it in the public sphere, as a teacher, or in private, as mother-spouse, female care is perceived in this configuration, as an educational base that the Republic, and in transition, bequeathed to the Brazilian 20th Century

Impactos da legislação ambiental brasileira na exportação de camarão: um estudo com exportadores de camarão do Rio Grande do Norte

Brazilian exportations come growing in a constant form in the last years, stimulated for the globalization and public politics directed toward the increase of the internal surplus. In this context the objective of this work was to investigate the perception of the shrimp exporting entrepreneurs of Rio Grande do Norte, with relation to the impact of the Brazilian environmental legislation in the companies competitiveness at the external market. From data collected from the controllers of the companies, it was used a survey methodology, with exploratory and descriptive character. The results found in this study indicate that the companies, in general way, understand that the environmental legal requirements do not confuse nor help in the search and conquest of new international markets. A little more of the half of the researched companies, does not see the legislation rigid as important factor of competitiveness. However a sufficiently significant percentage, already has a more strategical vision on the subject, or at least already it heard to speak on such possibility

A documentação odontológica sob a ótica dos cirurgiões-dentistas de Natal-RN

The dental documentation or handbook is a collection of documents produced by the professional with diagnostic and therapeutical purpose where the inherent information to the buccal and general health of patients are registered. The register and proper filling of these documents, taking care of the ethical and legal requirements, provide to the dentist the possibility to contribute with justice in cases of human identification and makes of these documents an essential element of evidence in the ethical processes, administrative, civil and criminal against the dentists. Ahead of this fact, understanding such requirements and the importance of the dentist to register himself adequately, this research verified the knowledge of Natal (RN) City s dentists with relation to the elaboration of the dental handbook, investigating the concepts and the importance attributed to the handbook, identifying the documents more used and filed by these professionals, besides inquiring the legal value of filed documents and the filling time of these ones. The sample was constituted by 124 dentists, who had answered a questionnaire, after having been randomly selected ITom a list of professionals subscribed in the Dentistry Local Council/RN Section. The analysis of the results showed that majority of the participant citÍzens (52,3%) confers to the dental documentation the clinical importance, followed by the legal and forensic-dentistry importance; 59,3% of the searched professionals do not distinguish satisfactorily or they do not observe differences between the dental handbook and the clinical filing card, the X-rays, the dental certificates, the prescriptions, the directions and the receipts; between the documents of common use to clínical and specialist ones, the contract of rendering of services and term of ITee and cleared up consent are the documents less used by the professionals. It was still verified, that only 13,1% of the sample register the signature of the patients in the clinical filing card, making it more credibility to be presented in judgement. In the same way, copies of dental certificates and prescriptions evaluated and signed by the patients are filed respectively by only 13,5% and 9,4% ofthe searched professionals and 50% ofthe sample, keep these documents filed for an indeterminate period of time, that is, these professionals have the guard of the handbook and they do not intend to disdain it, although 85,5% of the sample does not recognize the real proprietor of the handbook. It is concluded that a great part of the dentists is unaware about the importance of the dental documentation, and neglect its elaboration, leaving themselves exposed to several kinds of penalties foreseen in the legislation

Redesenho das configurações estruturais na gestão universitária: ações derivadas da inovação e flexibilidade na legislação pós-LDB 1996

This paper is set in a scenario in which higher education institutions suffer from external pressure to increase efficiency. The legislation after the Law of Directives and Bases for Education (LDBE), from 1996, is characterized by the fragmentation in its implementation, raising a concern with flexibility and innovation in several normative devices as well as aspects that must be incorporated to its organizational structure. The policies examined in this thesis are: Distance Education (DE); Law of Innovation and the Program of Support to Restructuring and Expansion of Federal Universities (PSREFU). This thesis aims to observe to what extent the characteristics of innovation and flexibility, which mark the new post- LDBE educational legislation, influence the organizational redesign of the Federal University of Ceará (UFC). For being about implementation policies, using contingency approach in order to collect the internal dynamics permeating the redesign of higher education institutions, the thesis focuses on the impacts caused by flexibility and innovation. This is a qualitative research, with case study methods, archive research and semi-structured interviews with members of the university administration. The results don t allow us to confirm the adoption of a more flexible and innovative configuration in the university but it is possible to identify the presence of those elements in the implementation changes, characterizing the hybrid structure. The changes mainly expose the extension of the management of projects to the administrative and academic components related to the institution. In terms of projection, the study found changes in the elements which characterize the current setting and the tendency of the university for adopting a diverse organizational structure. However, if the decentralization of management persists, the academic units may adopt their own structural solutions, but with no evidence of changes in the professional organization in most units. In this perspective, this thesis states that there are difficulties when incorporating innovation and flexibility to their organizational structure, which lead to improvised solutions, superposing skills through the redundancy of structures created with the same purpose or copying exogenous solutions

Códigos de sustentação da linguagem no cotidiano prisional do Rio Grande do Norte: penitenciária estadual de Parnamirim

The quarrel, in this study, tells about the language as social practical in the daily of Parnamirim State Prison that is integrated to the Rio Grande do Norte Penitentiary System - SISPERN, destined for men in fulfilment of penalty privative of freedom, in closed regimen. For the accomplishment of the research, the delimited objectives had been to analyze the language repertoires created in the prisional daily, trying to identify how it´s turned into distinct forms of resistance to the mechanisms of control in penitentiary system; to investigate which are the language repertoires created from the new sociability forms developed among prisoners and identify how the language repertoires are expressed in the daily prisional on relations/exercises of power not-institutionalized. In the methodological aspect, the study is in a qualitative boarding, that has as main instrument the interview. The inquiry was possible by means of using instruments for data collection, like as: the direct comment in the prisional daily duly registered as researcher´s ethnographical procedure, the analysis of interns´ cadastre handbooks and the application of half-structuralized interview, to the subjects of the research. The construction and understanding of the study object had been based on authors who argue on the arrest, as: Foucault, Goffman, Carvalho Filho and, in particular was searched the theorical referencial that approaches the language in a social and cultural perspective: Orlandi, Manfred, Bastos and Candiotto, amongst others. Beyond the normative endorsement of the Brazilian legislation, through the Law of Criminal Execution, of the Criminal Code and the Federal Constitution of the country and the legal apparatus in state scope. Still in the research methodological perspective, after the collection the data had been submitted to an analysis of the speech from Foucalt´s theory and in the Orlandi´s perspective, being also qualitative and quantitative. The results had evidenced that the social and juridical profile of the population in the site inquired is not different of others Brazilian prisons, composed for men, in its majority, with age band between 21 and 30 years old, prisoners for practicing crimes against the patrimony, against life, amongst others, and, in special, criminal recidivists. It evidenced, still, that the daily prisional of PSP is characterized for a sociocultural diversity expressed in the relations of power not institutionalized, that contributes for the formation and division of the groups, each one using a set of language codes/ repertoires sustentation. Therefore, the language, in the daily prisional, is one of the ways to understand the singularity of the sociability relations and as social practicing mediated by relations/exercises of power and antagonistic interests, in which each group aims first of all, their own interests. It represents the complexity of the social relations, in the prisional space, with diverse effects, in function of the situation and the moment. The language in the arrest, beyond the communication function, assumes and represents central element for the sociability human being, contributes for its changings and it´s configured as one of the resistance forms of prisoners against the controling, disciplining and monitoring mechanisms of penitentiary system

Diagnóstico da comercialização de produtos da medicina popular em feiras livres do semiárido do Rio Grande do Norte: avaliações socioeconômicas e sanitárias, com proposta de legislação específica

Historically, man has empirically acquired knowledge about the therapeutic applications of extracted elements of the natural environment in which belonged. Such knowledge over time culminated in the formation of traditional health systems. Among its features, the use of bioactive plant species - medicinal plants - stands out for its efficiency and high popular acceptance. Despite its importance for public health, the population still has in the open-air fairs the main source for the acquisition of the species used. In these spaces, the trade generally occurs informally, under unfavorable conditions to the quality of the products and to the financial sustainability of the business. In this context, this study aimed to characterize the socioeconomic, cultural and sanitary aspects related to the trade of medicinal plants in municipalities of a semiarid region of Rio Grande do Norte, and additionally, proposing a specific legislation to the activity. Socioeconomic data were collected through on-site interviews, guided by structured form. The observations about the hygienic and sanitary adequacy of physical facilities and practices employed at the point of sale /environment were conducted and recorded with the use of assessment tool developed for use in open markets. The adequacy of medicinal plants to consumption was determined by microbiological analysis. The activity was carried out by individuals who are aged between 21 and 81 years of age, low educational level and low-income, predominantly males. The data showed a tendency to extinction of the activity in all the districts studied. It was observed in all the fairs studied hygiene and sanitation inadequacies that characterized very high health risk, representing in this way, the high probability of Food Transmitted Diseases outbreaks Such conditions were reflected in the high percentage of inadequacy to the consumption of the analyzed medicinal plants samples, illustrating the potential health risk to consumers. To contribute to the correction of hygiene and sanitation inadequacies observed in the studied open-air fairs, educational interventions were made to the training of traders in Good Practices. As a complement, was drafted a specific legislation for the marketing of folk medicine's products in open-air fairs. Such actions, products and its developments will contribute significantly to improving the quality of products available to the population and the preservation of activity, potentially reducing the risks to public health.

Análise dos efeitos da legislação urbanística na formação e crescimento do Bairro de Lagoa Nova: planos diretores de 1974, 1984 e 1994

To Analyze the Managing Plans of Natal in the decades of 1970, 1980 and 1990, identifying elements that had contributed for the growth of the Lagoa Nova quarter, capital one of the Rio Grande do Norte state. Ahead of the sped up growth of the urban centers, many times is not given to analyze which law had taken care of to its objective, and which the imperfections that had appeared during the application of these laws. To make the comparisons in you square them chosen at there distantinct times made possible to analyze the form as the ground of Lagoa Nova absorbed the proposals laws.Therefore toanalyze influences it of the Managing Plans, to make comparatives analyses between the urbanistics condicion, made possible to understand that the fabric urban of the quarter of Lagoa Nova is a true granary of information that it makes possible to the dedicated ones to the urban studies, a true field of analysis