O Plano Diretor como instrumento de gestão da cidade: o caso da cidade de Fortaleza/CE

According to article 182 of the Brazilian Federal Constitution, cities should perform social function, what brings the concept that the city should be a place for one to live well. For that to happen, it should be well administered by its public managers. However, so that there is a sound administration, one that really performs that social function, there must be, first, an efficient planning. We understand that such a thing occurs when the master plan is the main planning instrument of a city and serves as basis for its administration. We notice, however, that in most of the cities the master plan is formulated as a law that regulates urban planning but that both the population and the government most of the times are not aware of its importance concerning the relevant issues related to municipal administration, such as its relationship with the economy, taxation, the social issue, land use regulation, and, in summary, with all the aspects that constitute and that a municipal government should manage in the best possible way. One also knows that, in general, the attempt of city planning has always been connected to the duration of a mandate and that way public managers many times implement restricted measures aiming to just attain a political-electoral objective and publicizing their administration. That implies actions and works that in some cases have negative impacts or ones that cannot be removed from the cities. This study intends to show that the master plan should be the planning instrument guiding the municipal administration but that, however, what we note is a lack of connection between that instrument and the government guidelines of the municipal managers. In order to study what happens to the cities that have a planning which is not taken into account in its administration, we will use the city of Fortaleza, capital of the State of Ceará as a case study. Historically, in Fortaleza the public managers have seldom decided to administer the city in according to the master plans developed for it. We should emphasize that planning begins in the city quite late and until the current days it is being substituted by temporary measures. Through the analysis of the planning process and of the urban management of the city of Fortaleza, especially the master plans predicted since 1933, we explain that if such plans had been implemented, they could have been important tools for its administration to attain a social function, becoming therefore a place for one to live well

Reforma administrativa e gestão de políticas sociais em Mossoró: a falácia dos atores institucionais e sociais

The thesis entitled The administrative reform and social political management in Mossoró: the institutional and social staff's falacy. Comprehends a moment of apprehensiveness and analysis in the reestrcturing process of the city, whose process will show the formation of strategies and deployment of its relation with the social political affectiveness. It represents a single moment in the approach of such a kind of experience in the city. The analysis starts from the third mandate of the Mayor Rosalba Ciarlini Rosado, during the quadriennium 2001/2004, for being the time in which the public management got materialized, such as in the operational way of the social politics. For that, we delimitate this study in two distinct moments: the first one refers to the reform elaboration from the creation of the additional law nº 001/2000 GP/PMM: the second one refers to a practical reform from the social and institutional staff's speech. Within that scenary it was seen that the approaching, though partially, the State Reform and, consequently, the master plan of the state apparatus, which were made of theoretical matrices of such a project locally. However, that is a complex experience, that required the use of field and documental research for the proposed investigation and at the same time, prove the guiding hypothesis of it, what means a grouping of areas like: education, healthy, and social development in only one department City Citizenship Department that is able to materialize a new intitutional arrangement, according to the management principles in the public administration at the govern local level, configuring a reform and not just an institutional adequacy. In that context, it got necessary to apprehending the institutional and social actors' falacy as a way to prove or not the presented hypothesis. Among the first staff, we have the mayor's direct leaders and advisors' perception that express the politcal administrative aspects of the reform and, in the second, the perception of the political view of what has changed concerning the management of the social politics

A legitimidade da jurisdição de primeiro grau na concretização dos direitos fundamentais: proposta de um novo modelo jurídico-administrativo para o segundo grau de jurisdição

The current study is about the legitimacy of lower court jurisdiction as a way of exercising basic legal rights, proposing, therefore, a new legal-administrative model for appellate court. In order to achieve that, a demonstration of the importance of basic legal rights in the Brazilian legal system and an open interpretation in light of the Constitution, as a way to affirm said rights, among which are accessibility to the justice system and proper legal protection, is required. As a result, the legitimacy to access the legal system resides in the Constitution, where the interpreter should seek its basic principles to achieve basic legal rights. It is observed that the lack of credibility regarding lower court decisions comes from the dogmatic view of truth born from power, and therefore, that the truth resides in decisions from appellate court and not from lower court judges. A lower court judge holds a privileged position in providing basic legal rights for citizens, considering his close contact to the parties, the facts, and the evidences brought forth. Class action suit is presented as an important instrument able to lead the lower court judge to provide basic legal rights. Small Claims Courts may be used as paradigm to the creation of Appellate State Courts formed by lower court judges, reserving to higher jurisdiction courts and Federal Circuit Courts, the decisions of original competency and the management and institutional representation of the judiciary system. Instilling an internal democratization of the judiciary is also required, which means the participation of lower court judges in electing their peers to chief positions in the court system, as well as establishing a limited mandate to higher court judges.

A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

A falta de ética e de espírito público na política brasileira

Unfortunately, the Brazilian politics has been characterized by lack of ethics. In a few exceptions, our representatives often behave in the exercise of power as if they were there to care for their own interests and not public affairs. Despite the dissatisfaction that the situation seems to trigger to society, the electorate does not get to transform their anger into effective gesture in order to withdraw from the public setting people who can not fulfill their mandate at the polls. Instead, the re-election of bad politicians has become commonplace fact. In this study, we proposed to discuss the matter in light of traditional philosophical theories, by selecting exponents of ethical thought from the Ancient Period to the Modern. We put special emphasis on behalf of amorality in Florentine thinker's ideas, to Machiavelli s political doctrine.

Clarissimo speculo bonitatis Dei : o mundo de Tomás de Celano e a sua leitura de mundus

The aim of this study is to understand the version of St. Francis of Assisi created by Friar Thomas of Celano in his hagiographic works. That study also it examines how the Order of Friars Minor and the Papacy have understood the relationship between Christians and the world and turned thisunderstanding in a version of the Saint. Factors such as the replacement of Neoplatonism byAristotelianism as philosophical paradigm and economic and social changes have contributed to change the interpretation of the biblical mandate to not love the world , no longer interpreted as materiality, but as an order for Christians to flee sin. The rejection of the world was replaced by a greater appreciation of nature and society. Moreover, increasingly, the body went from enemy to friend, becoming the brotherbody. Such analysis is important to review the idea, so common in the historiography of what MaxWeber called Worldly Asceticism, the Christian life lived in society, only emerged in Protestantism in opposition to monasticism. The mendicant orders, especially the minority tried during the thirteenth century, the period of analysis of this work, experience the loving nature of Christianity and acting,through preaching and charity in the cities.To make this work, were analyzed the hagiographic discourse (on San Francisco) made by Thomas of Celano, Vita beati Francisci (called Vita Prima) and Memorial in desideiro anime (named Vita Secunda) and, from this, understand the Celano´s interpretation on how it should be the Christian's relationship with the world. The world ceased to be adistorted reflection of a perfect reality, becoming the perfect reflection of God's goodness.

Ação de impugnação de mandato eletivo: análise constitucional e novas perspectivas

This study is developed in setting in which the Federal Constitution of 1988 completed 22 years of validity, as well as in general elections (national and state) in country. From this perspective, there are multiple reflections, especially on the constitutional mechanisms of popular sovereignty consolidation, the integrity and legitimacy of elections and democracy itself. It has appeared timely, therefore, to examine the development of ensured instrument of these precepts. Thus, it is approached as an object of research to Action of Impugnation to the Elective Mandate- AIEM, under Art.14, § 10 and § 11 of the Constitution of 1988, considering its constitutional and electoral reasons. It is then aimed to review the second AIEM conceptions of scale, systematic interpretation, preservation of constitutional rights and its effectiveness. Specifically, it is analyzed the Action as to the forms of power that relate to this. then it is examined the democracy principal aspects related to the issue. Without being followed, it is the democratic situation in which it is operated. They are also examined the political rights, especially regarding restraint applied to ineligibility and the possibility of integrating the effects of an impugnatory origin. Following, it has been discussed the formation of an early panorama, consisting of constitutional principles applied to electoral constituencies and eminently procedural principles and, according to which subsidizes the operations of such Action. After that, addressing the Election Law, including its concept, its sources, the Electoral Court and its peculiarities and functions. It is also considered the elective office as to its definition, characteristics and ways of accessing and extinguishing it. Afterwards, the Action of Impugnation is studied from its historical evolution of laws, legal, concept and goals. Expanding on the theme, it s highlighted about their chances of traditional appropriateness (economic power abuse, corruption and fraud) and modern (abuse of economic power intertwined with political) business, including the suggestion of suitability in case of abuse of unique political power. It was also identified the injurious potential demand affecting these illicit to enable the Action. Subsequently, other relevant aspects were explored, such as the legitimacy ad causam, competence, secrecy, procedure, recklessness, bad faith, the purpose of the merits and manageable resources. In the end, it is demonstrated an evolution of AIEM, however, still insufficient to reach full intentions that rise it. It is proposed therefore to re-read the action from news perspectives, based on constitutional and electoral precepts, as well as wider interpretation of the appropriateness of their assumptions of suitability and effects, according to a systematic interpretation, all aimed at the preservation of constitutional rights and their own effectiveness

A ação da bancada evangélica na Câmara Municipal de Natal/RN: 2005-2008

The Evangelical Church is an institution that presents itself as a group that aims to be a mediator between society, the state and the country itself. However political practice within the churches have been somewhat taken authoritarian, manipulative, intolerant and realize this reality in the analysis of this work. While understanding that the Church as an institution has formed an opinion about what is right and wrong in their communities as a social institution can be seen in contemporary society growing religious occupation of the public sphere and in all segments of Brazilian society the presence of evangelicals. One of the challenges is the discussion of the practices of Christ when the ownership of the mandate legitimized by the vote happens, what real action is the "Christ policy"? What social contributions to retrieve people, places and cities? What is the competence to work towards promoting the other gains in health, employment, security, education? The purpose of this dissertation is to contribute to the questioning of the current logic and prevailing construction of Christian ideals in politics. Develop an investigation by reference to the absence of a study on the activity of the evangelical councilors Christmas during the period 2004 -2008, order to be able assign a value judgment based on information of projects that every evangelical councilor exercised during the 15th Legislature, occasion that the City Council received the highest representation of evangelical councilors in its history.

Representações discursivas de Lula nas capas das revistas Época e Veja

This doctoral dissertation proposes to analyze the discursive representations of Lula, as they appear on the covers of the magazines, Época and Veja, targeting the verbo visual elements that comprise the genre, magazine covers. In this way, we seek to describe and interpret the discursive representations (Drs), using a theoretical framework based on the Textual Discourse Analysis –TDA, developed by Jean Michel Adam (2011a), focusing on the semantic level of the text, that is, on the dimension that allows for the comprehension of Drs present in a text. For a discussion about the Drs and their categories of analysis referencing, predication, modification, relation and spatial localization and time we use as a starting point, the study by Brize about the logical discursive operations (1990, 1996), and continue through the studies that discuss linguistic, textual, and discursive operations in concrete utterances, such as Castilho (2010), Rodrigues; Passeggi; Silva Neto (2010), Neves (2011), Rodrigues et al. (2012), Passeggi (2001; 2012), Queiroz (2013), among others. In addition, we rely on Multimodal Discourse for the verbo visual aspects present on magazine covers (KRESS; van LEEUWEN, 2006; DIONISIO, 2011; DIONISIO; VASCONCELOS, 2013). Using aresearch approach that is qualitative with quantitative support, and which is documental, and based on deductive inductive methods, we describe and interpret a corpus (SEVERINO, 2007; CHIZZOTTI, 2010; OLIVEIRA, M., 2013), aiming to reconstruct Lula’s Drs. The cor pusis comprised of forty one magazine covers sixteen from Época and twenty four from Veja. The covers date from the election period in which the candidate, Lula, was elected President of Brazil in 2002, the last mandate after his reelection in 2006, and in the year 2010 a period of 9 years. Based on the analysis carried out, we can affirm that the magazines, Época and Veja, construct diverse Drs by Lula, such as: candidate; elected candidate; governing member and member of a political party; reelected president; politics; workers party acronym PT; international governments as allies; accomplices and participants in scandals of corruption; friend, brother, cousin, nephew, father, parent and man; among others that unfold throughout these by the mediation of the modifiers of the referents and processes, and by the very processes and connections, and analogies made on the object of discourse, Lula. Nonetheless, the reconstruction of these is derived from the description and interpretation of the textual linguistic and discursive choices that the magazines make to produce the proposition utterances, as well as by the choices of images and other visual resources, all operating as co(n)textually articulated to produce the magazine’s desired effect. In conclusion, the Drs verified demand the reflection, description and interpretation of the referencing, prediction, the relationship and spatial temporal localization, which was only possible through the textual discursive analysis of the verbo visual arrangements that comprise texts in the genre magazine cover.

O Plano Diretor como instrumento de gestão da cidade: o caso da cidade de Fortaleza/CE

According to article 182 of the Brazilian Federal Constitution, cities should perform social function, what brings the concept that the city should be a place for one to live well. For that to happen, it should be well administered by its public managers. However, so that there is a sound administration, one that really performs that social function, there must be, first, an efficient planning. We understand that such a thing occurs when the master plan is the main planning instrument of a city and serves as basis for its administration. We notice, however, that in most of the cities the master plan is formulated as a law that regulates urban planning but that both the population and the government most of the times are not aware of its importance concerning the relevant issues related to municipal administration, such as its relationship with the economy, taxation, the social issue, land use regulation, and, in summary, with all the aspects that constitute and that a municipal government should manage in the best possible way. One also knows that, in general, the attempt of city planning has always been connected to the duration of a mandate and that way public managers many times implement restricted measures aiming to just attain a political-electoral objective and publicizing their administration. That implies actions and works that in some cases have negative impacts or ones that cannot be removed from the cities. This study intends to show that the master plan should be the planning instrument guiding the municipal administration but that, however, what we note is a lack of connection between that instrument and the government guidelines of the municipal managers. In order to study what happens to the cities that have a planning which is not taken into account in its administration, we will use the city of Fortaleza, capital of the State of Ceará as a case study. Historically, in Fortaleza the public managers have seldom decided to administer the city in according to the master plans developed for it. We should emphasize that planning begins in the city quite late and until the current days it is being substituted by temporary measures. Through the analysis of the planning process and of the urban management of the city of Fortaleza, especially the master plans predicted since 1933, we explain that if such plans had been implemented, they could have been important tools for its administration to attain a social function, becoming therefore a place for one to live well