Os antagonismos da integração sul-americana na ordem jurídica brasileira

The economic regional integration is a phenomenon observed in numerous occasions inside the global economic reality. Watchful to that phenomenon, the 1988 s Brazilian constitutional order establish in its 4th article, single paragraph, the commitment to seek for the Latin- American integration, as a Fundamental Principle to the Brazilian Federative Republic. Regarding the mentioned constitutional disposition s realization, the Brazilian State celebrated, specially, the 1980 s Montevideo Treaty, creating the Latin-American Integration Association, and the 1991 s Asuncion Treaty, performing the duty to establish a common market, in sub regional level, with Argentina, Paraguay and Uruguay, called Mercado Comum do Sul. However, due to an addiction to a wrong comprehension of State s Sovereignty Principle, the Constitution imposes to the international rules an incorporation process, without providing any privilege to those ones regarding the integration constitutional disposition s realization, whether original or derived. The Brazilian s Supreme Court, as matter of fact, affirmed that it is not possible, facing the actual constitutional order, to grant any character of preference. Also in the controversies solution mechanism, responsible for the law s execution in case of its noncompliance, where found malfunctions, most notably the system s open character and its excessive procedural flexibility, in addiction to restricting the access of individuals. It follows from these findings, then, the lack of legal certainty provided by the Mercosul s legal system, considering its effects both international and within the Brazilian state. Among the possible solutions to reduce or eliminate the problem are using the practice of the so-called executive agreements in the Mercosul s original rules incorporation to the Brazilian state, the creation of a Mercosul s court of law and/or a constitutional reform

A Constituição Federal de 1988 e a integração regional : o desafio da harmonização tributária

As an effect of the growing interdependence in international relations, regional integration was conceived to face globalization, with a remarkable influence in politics and law, since the first steps of the European experience. In Latin America, regional integration ideas have blossomed in the 60 s. Among its experiences, MERCOSUL is the one with the most advanced objectives. However, MERCOSUL has not managed to achieve the objectives planned nor moved forward the integration process. Differently of what happened in Europe, in MERCOSUL the common market projected is concluded. It faced many disappointments throughout its brief history. As it matters to law, those were caused by the absence of supranationality, a mechanism that would allow MERCOSUL s decisions to be directly binding in the States with no need of bureaucratic proceedings to incorporate them to national legal systems. Among Latin American States, Brazil is probably the most resistant to integration process, due to Federal Constitution 1988 rigidity and legal professionals conservadorism towards opening legal system to international law. In Brazil hermeneutical standards are always based on national sovereignty and international law is referred as less important. The problems become more visible relating to taxation, a subject that plays an enormous role in integration process for its economic impact, demanding the execution of tax harmonization policies compatible to the integration levels aspired. However, because of the large number of tax rules in the Federal Constitution, structural changes initiatives face difficulties in order to be implemented. Actually, after two Constitutional Reforms on taxation, Brazil has not yet succeeded on promoting the necessary adaptations to regional integration. The research has confirmed the hypothesis that supranationality has indispensably to be adopted if Brazil really desires to move forward the integration process. But it has also been demonstrated that there are hermeneutical paths suitable to the constitutional profile which allow the adoption of supranationality, through the revision of the sovereignty traditional concept

Educação superior em turismo: o profissional de turismo frente às competências exigidas pelo mercado de trabalho do setor hoteleiro em Natal

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

A teoria democrática e a participação popular : as trajetórias participativas no Recife e em Módena

This work basically achieve three goals. Critically investigate the liberal democratic regime and its historical reformulation, rejecting the popular power and popular self-organization, limiting the entry of normal citizen in decision-making, believing in the market as a mediating body in regulating of the different life spheres of social. Starting from the critical liberal democracy, it discussed the concept of popular participation in the democracy, searching new democratically horizons, where the masses could have the opportunity to make decisions about their own destiny. On the basis of theoretical discussion on participation, we discuss a concrete instrument of participation, the Participatory Budgeting, comparing two participatory experiences in North and South

Redes sociais e a lógica do desvio comportamental em relação às normas de trabalho

This paper aim to check a hypothesis that assumes several behaviors related to social work norm´s obeying as a phenomenon that can be explained by actor´s social network structure and the rational choice processes related to the social norm inside that network, principally the payoff´s analysis received by the closest actors, or neighbors, at a social situation. Taking the sociological paradigm of rational action theory as a basis, the focus is on a debate about the logic of social norms, from Émile Durkheim´s method to Jon Elster´s theory, but also including social network analysis´s variables according to Robert Hanneman; and also Vilfredo Pareto´s constants related to human sociability, at the aim to detect elements that can help the scholars to develop an agent based model which could explain the sociological problem of deviance by a better way than the common sense´s view about morality and ethics at a social work environment

Paradigma constitucional brasileiro da livre concorrência e da defesa do consumidor face às estruturas de poder no mercado

The Federal Constitution of 1988, when taking care of the economical order, denotes special concern in the abuses of the economical power and the disloyal competition. The mark to mediate of all this is, in fact, the defense and the consumer's protection, once this is final addressee of whatever if it puts at the consumption market. The coming of the Law 8.078/90, Code of Protection and Defense of the Consumer, inaugurates a time of effective concern with the homogeneous individual interests originating from of the consumption relationships. In this point, the focus of main to face of the present work lives, in other words, the protection of the right to the individual property, especially manifests in the exercise of the trade freedom that keeps direct relationship with the respective social function the one that is destined. The code of the consumer's defense doesn't just take care of this, but also of the other star of the relationships of the consumption. When affirming in the interruption VI of the art. 4th that the national politics of those relationships, finds ballast in the prohibition and repression efficient of all of the abuses committed in the consumption relationships, keeping inherent relationship-causality in the economical order, sculpted for the article 170 in the Constitution of 1988. In the generic plan, the mark of the present work is to question concerning the limits of the trade freedom and previsible collisions with protection norms and the consumer's defense, as well as factual convergences of those small systems, especially in what he/she refers to the innate interests to the suppliers. In the specific plan, we aspirated to identify the protection device-commands to the actors of the trade relationship, capable to guarantee the free competition in a global economy of market, seeking especially the Well-being, for soon afterwards, in an analytical perspective, to discover the possible applications that it holds the Federal Constitution, in headquarters of economical freedoms. It was observed that the consumer today doesn't need only of laws that their needs, fruit of the vulnerability that it is him/her meditate innate. He/she lacks, yes, of effective mechanisms that prevent lesions that can be them impinged by the suppliers at the time in that you/they are useful to repair the damages when happened, punishing the author of the damage

Nacionalização do trabalho e constituição: análise das regras de nacionalização do trabalho à luz do princípio da isonomia

There is a clear relationship between citizenship and labor market. While foreign nationals are equal in dignity and rights in the laws governing the employment of this labor force. Motivated by reasons of state security or political direction, such laws to a greater or lesser degree, create establish a system of worker protection in the face of the foreign national. These rules have a direct impact on economic regulation, as they can affect the supply of skilled labor or not, articulating with the economic order envisaged by the 1988 Constitution. The Constitution adopts several principles in its economic order, so that the issues involving the rules of the nationalization of all work must be considered in a systematic way, one can not choose a pleasure interpreter. The nationalization of the work rules are not unique to Brazil, similar rules exist in several countries of South America and Africa. In Europe they already existed, but lost out on the basis of treaties setting up the European Union, although other mechanisms are used for the purpose of protecting the citizens of the member states, making policies equal treatment legislation symbolic. The nationalization of the work rules governing the relationship between nationality and the labor market and are in a legal category, which has a function to fulfill in the Brazilian legal system. Not all rules nationalization violate the principle of equality, as it is possible, depending on the circumstance indeed adopt a criterion that implies differentiation between nationals and foreigners. The Constitution has a will arising from its normative force, so that the assumptions it (constitution) used to discriminate may also be possible by ordinary legislation, since the situation is actually justifiably constitutional

Entre o mercado e a construção social: uma análise da experiência da implantação doPRONAF-infraestrutura e PRONAT nos territórios do Mato Grande-RN e sertão do Apodi-RN (1997 - 2010)

Analyzes the development experience in the Territories of Mato Grande and Sertão do Apodi in the state of Rio Grande do Norte, evaluating the actions of the National Program for Strengthening Family Agriculture, specifically the line of infrastructure (PRONAF-INFRA), and the National Program for Sustainable Development of Rural Territories (PRONAT) in these territories. Summarizes the various rural development approaches and takes the theoretical assumptions of territorial development, the concept of constructed territory and market-plan territory, further the cycle model to analyze public policies selected these experiences. Thus, we propose to test the hypothesis that most of the actions implemented would lead to the formation of market-plan territories, in other words, perceived only as a platform for the presentation of projects. The literature and documents, combined with case studies, interviews and direct observation of the meetings of committees, showed that, despite two boards are under the same laws, rules and formal regulations, have clear differences when considering the theory and concepts that were used as reference. The Apodi s territory is closer to a constructed space thus the search for a broader agenda, more autonomous and more appropriate to the reality experienced by local actors. On other hand the Territory of Mato Grande had the characteristics of a market-plan territory more present. As the result, the territory of Sertão do Apodi accesses not only as part of a greater number of policies and funding sources, ensuring a greater and more diverse investment volume than the territory of Mato Grande. Despite these differences, studies have shown that territorial boards surveyed are still far from becoming the main forum for managing the development from conception planning socially constructed. Showed, finally, that territorial development strategy is relevant, but requires a long walk and a deep and continuous learning process to be successfully implemented in rural areas of Northeast Brazil

Caracterização de matérias-primas regionais e desenvolvimento de formulações de massas cerâmicas para porcelanato

Initially concentrated in some poles at the South and Southeast regions of Brazil, the ceramic tiles industry became wide during the 80 s decade, with a disconcentration industrial and regional pulverization. The competitiveness in the ceramic tiles internal and external consumers markets, it has debtor the industries to invest in sophisticated products each time more, either in design or the technology, but, mainly, in its final properties. Amongst the diverse types of ceramic coating, the porcelanato if has detached had to its process of technological production and excellent characteristics techniques. The Porcelanato is currently the material for coatings that presents the best technical and aesthetic features when compared with others ceramics found on the market. The chemical composition and the others raw materials characteristics have an importance that must to be ally to the inherent characteristics of fabrication process, essentially those related to the cycle of burning. This work had as purpose to develop formularizations of ceramic mass for production of porcelanato without glass coating, pertaining to the group BIa (text of absorption of water ≤ 0.5%) and with resistance superior mechanics 35MPa from raw materials characterized. The ceramic raw materials selected to the development of this study (A1 and A2 clays, feldspate, talc and quartz) were submitted to the following tests: X-ray fluorescence - chemical analysis determination; X-ray diffraction - Analysis of the stages mineralogics; Laser granulometry - size distribution of particles; and Differential thermal analysis - thermal behavior. Were performed tests of absorption of water, lineal retraction of it burns, apparent specific mass and rupture tension the flexing. The results had evidenced that the formularizations that had the A1 clay and talc on its composition were efficient for the porcelanato production remaining their technological characteristics inside of the intervals of variation desired by the Norms of the ABNT

Investimentos internacionais e o turismo em Tibau do Sul/RN

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Ativos intangíveis (modelo RBV) como recurso estratégico e competitivo: um estudo em hotéis de pequeno porte (zona sul, Natal/RN)

The study aims to analyze the perception of managers on intangible assets as strategic and competitive resources in small hotels in Natal/RN, through the theory of the Resource Based View (RBV). This is a qualitative study of exploratory and descriptive, conducted with managers of the means of hosting small the capital of Rio Grande do Norte through semi-structured interviews, which was applied later, the technique content analysis based on the results of the information obtained in the interviews. Thus, research has shown that managers of small hotels visited (A, B, C) are not sufficient and satisfactory knowledge to set as their unique intangible assets of the company and makes use of them, on an occasional basis, without understanding or in essence understand its true value as a resource that can be used strategically for sustainable competitive advantage in the hotel market in Natal/RN. This means that managers do not know how to create new attributes and use them strategically. And they need to expand their partnerships with stakeholders. Given the importance of the subject of the present research, the information achieved by this analysis may contribute to the provision of information to establish a current situation with regard to the attributed to the knowledge and use of resources (intangible assets) importance as a strategic source and competitive for the internal management of the company by managers and thus, enabling a differential and greater economic profit over time in this segment

Natal Condomínio Clube : inovação espacial nos eixos de valorização da zona sul da cidade

This dissertation is about new real estate development in the southward expansion area in Natal, Brazil, by use of high-rise condos, so-called club-condominiums. The area includes part of the neighboring municipality, Parnamirim, and focuses on the role played by urban developers in the housing market. The main feature in these condos are common areas filled with leisure equipments, allegedly to grant quality of life, comfort and tranquility to residents. The rapid development of the area takes advantage of large plots of land available as well as of urban infrastructure. Overall preference of middle-class sectors for the South area of Natal (and adjoining part of Parnamirim) is also a factor worth of note. For this reason, this part of the city constitutes one of the preferred areas of urban developers. This dissertation includes a discussion of Henri Lefebvre s production of space, emphasizing its tridimensional features. It draws on David Harvey s works to deal with transformations of the built environment regarding the dynamics of real estate markets; in particular, it considers the idea of creative destruction. Finally, the dissertation discusses the concepts developed by Pedro Abramo regarding the forms of operation by urban entrepreneurs, in particular the concepts of urban convention and spatial innovation. For the empirical work, a number of interviews with key entrepreneurs and civil servants were undertaken. In more general terms, it is worth observing that there is a direct relationship between the location of such developments and the process of spatial fragmentation, seen both as a consequence and a strategy of the way urban developers operate

A relevância dos eventos culturais para a economia criativa - pesquisa qualitativa na Praia da Pipa, Tibau do Sul/RN

Creative industry has promoted and strengthened the growth of various economic sectors in Brazil and abroad, thus stimulating the local economy in places with attractive and innovative sceneries for the consumer market. This essay focuses on studying the relevance of cultural events for the creative economy, and these may contribute to the social, cultural and economic development in Pipa, located in Rio Grande do Norte (Brazil). Cultural events promote a themed and creative environment which has worked as attraction mechanism for the increase of cultural, gastronomic and social leisure consumptions. Cultural and thematic events has been held in Pipa, such as Festival Literário da Pipa, Fest Bossa & Jazz da Pipa, Festival Literário Alternativo da Pipa and Festival Gastronômico da Pipa, which can attract the local, state, national and international audience. The research is characterized as a qualitative research about the problem approach. The field research is characterized by the ethnographic approach, using the techniques of participant observation, semi-structured interviews and photographic record. With the research results, we can point that Pipa promotes cultural events that move the economic dynamics, social and cultural, inserting new cultural habits in this urban space, and in some cases, rescuing the history of the place. In each event, the economic and political forces connect themselves to promote the infrastructure of these events, supporting the provision of services and products from the creative and cultural sectors. The theming of the studied events plunges the audience into stories that may have (or not) a connection to the local history. Therefore, it is perceived that this work brings the light to a place that presents itself as the protagonist of the state of Rio Grande do Norte in terms of renewal and economic, social and cultural change in its infrastructure and its potential for tourist attraction from the creative and cultural sectors.

Viver e esperar viver: corpo e identidade na transição de gênero de homens trans

This work seeks to understand how trans men build their identities and live the transsexual experience in the relationships they establish daily onto “man” category. It could be observed that for it they engenders a specific gender transition in the midst of male transsexuality. Despite being under a complex amalgam of relations of exploitation and disciplinary domination, ways of being man are brokered for a living and entry into spaces where they are expelled for not conform the bodies that gender norms require. It is understood that gender transition is a process at the same time of organic and prosthetic body management and the assumption of your own identity. Thus, they build a politic of identity that creatively fixes a person's category as rights holder. The "transition" is therefore to transact from nonexistence to a place of humanity. This dissertation describes how this process takes place in the experiences of the speakers, observing the practices that bring out the male, front of class positions on the labor market, access to health, hormonization and own identity. Thereby, theories that fix them as expressing female masculinities or marginal to the hegemony do not find exactitude in their lives. The research methodologically started performing "multilocated ethnographies" that gave possibilities to in-depth interviews with 15 stakeholders from the Northeast, Midwest, Southeast and South of Brazil. Between 2014 and 2015, from the applying of network technique to the first dialogues in research, it was possible to build a participant observation by the trans men’s everyday life. Wherewith I was capable to behold their own private activities, as well as their public agency amid a trans activism collective in northeast, and the follow-up actions in which they were involved during the XII Encontro Nacional em Universidades de Diversidade Sexual e de Gênero (ENUDSG) held in Mossoró/RN. Therefore, the thesis engages to describe and understand the different ways of constructing trans male gender transitions in access to transsexuality and therefore a way of explaining their own trajectories in terms of people that exist as such, even though in the midst of narratives marked by emotions linked to "not live", to suffering and dehumanization.

Praias urbanas e racionalidade ambiental: avaliação da gestão, das intervenções urbanísticas e dos usos na praia de ponta negra

This dissertation addresses issues considered essential for sustainable development of urban waterfronts and beaches. Many of these spaces, even though they are of public authorities, economic market and general population interests - due to its landscape, its importance for recreation purposes and as a basis of " Sun and beach Tourism " (Turismo de Sol e Praia), among other factors - have shown aesthetic, health and cultural degradation, entailing environmental, economic and social losses and conflicts. Based on this perception, the research aims to understand the main reasons for these negative results for beach spaces. To this end, it was chosen the case study of a typical urban beach, Ponta Negra Beach, located in Natal, RN. Ponta Negra is associated with the "postcard" of the city and it has been deserving of municipal urban planning legislation that legally recognizes the importance of its landscape. Also it has received constant investments by the Government through urban projects, arguing to leave the site attractive to its users. Nevertheless, in the last fifteen years, the beach has lived with the expansion of its problems, such as those related to bathing water, to coastal erosion, and to the mangling of its natural surroundings. Social conflicts have also been frequent in this time frame: conflicts between residents of the waterfront and traders who work on the beach, between the traders themselves, between the managers of space and fishermen, between managers and formal and informal traders. Many of these social and environmental conflicts have taken such grand proportions that became legal matters. Assuming that the problems identified are related to the issue of rationality - understood as a system of values, norms and actions that relate means and ends - and upholding the need for focused research on "environmental rationality" to understand and interpret the dynamics of social and environmental problems encountered on site, the research that guides the study relies on the Mexican economist Enrique Leff's theory on "environmental rationality" which, briefly, can be defined as a system of values, norms, actions and means and ends relations based on the principles of environmental management and sustainable development. Among other aspects, rationality encompasses cross-sectional planning of public administration, the participation of society in the management of environmental resources, interdisciplinary reorganization of knowledge, the clash of opposing interests and the conciliation of common goals of different social actors. The study evaluates the relationship between "environmental rationality", as proposed by Enrique Leff, with the management, urban interventions and uses observed in Ponta Negra Beach. For that, some benchmarks were established and considered in the research as related to sustainable development of the "beachy" atmosphere. Analytical instruments chosen were the urban transformations and the environmental and social problems that have been the target of lawsuits. Also part of the study, the problems that were the subject of civil investigations, which are investigation procedures carried out by the Prosecutor's Office.