Direitos humanos e dilemas da democracia no Brasil: um estudo sociológico do trabalho policial (1985-2009)

According to the Public National Security Plan, the security is "[ ] a right by democratic excellence legitimately desired by all sectors of society, which is the fundamental right of citizenship, obligation of the constitutional state and responsibility of each one of us." The 1988 Constitution recognized the rights of life, liberty and personal integrity, considered torture and racial discrimination as crimes. The prime directive of the National Security and Citizenship (Law No. 11,707 of June 19, 2008 - PRONASCI-Brazil) expresses the commitment of the Brazilian state with the promotion of human rights. But despite this formal recognition, official violence continues to be used as a means of maintaining social order, consolidating a police action violating human rights (Amnesty International report "They go in shooting" - AI Index: AMR 19/025/2005) . This thesis analyzes the police work combined with the extension of citizenship rights, the spaces of freedom and democracy as a measure for the degree of affirmation or denial of the Human Rights in Brazil, and proposes the construction of a human friendly Police Force (Post - Colonial, Post-Abyss, Intercultural and Democratic)

O desenvolvimento sustentável na ordem constitucional e sua promoção através do planejamento urbano

The man, being subject and object of their changes, has passed by many process to find a better life way. Since your existence, he finds to live in groups for make easy your life and make concrete yours desires. All by history, when the individual´s rights was establishment, collectives and lonely way, contribute for evaluate the relationship between individuals and they own, and them and state, which has a duty to those, positive or negative, depending on the case. The circle of fundamentals rights has been sustainable development and the concept of growth economy associated to the environment protection. This association reflect a apparent conflict between values very distinct, but the constitutional interpretation can be reunite both of them and make it live in harmony; values of environmental order and economical order can be exist together, as long as the state contribute to this. On the city, where the most of relationships happening, the urban plan appear how a effective way of sustainable development, finding the harmony between the growth economy and environment protection. To effective the socials functions of the city (inhabit, circulate, work and entertainment) and the citizen´s life quality, the city is the scenery that show how the urban plan, across established previously legal instruments, like the governmental public politics, to effective the right to development, right of third generation. The director plan how effective tool for local needs - obligation defined by Citizen Statute that contribute for the program linked defined by the urban plan. The state´s intervention on the private sector of citizen, and the restriction on their rights are be justified by the collective´s rights and their quality of life. So, in front the urban scenery has been the plan to make social functions of city, the healthy way of life, which is the sustainable development

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

Teoria da despesa pública: uma leitura ético-constitucional em busca do possível da reserva

Brazilian law passes through a crisis of effectiveness commonly attributed to the extravagance of fundamental rights and public shortage. However, public finances are not dogmatically structured to solve the conflicts around the limitations of public spending. There are ethical conditioning factors, like morality, proportionality and impartiality, however, these principles act separately, while the problem of public shortage is holistic. Also, the subjectivity of politics discretionary in the definition of public spending, which is supported in an indeterminate concept of public interest, needs material orientation about the destination of public funds, making it vulnerable to ideological manipulation, resulting in real process of catching rights. Not even the judicial activism (such as influx of constitutionalism) is shown legally appropriate. The Reserve of Possible, also presents basic ethical failure. Understanding the formation of public shortage is therefore essential for understanding the crisis of effectiveness of state responsibilities, given the significant expansion of the state duty of protection, which does not find legal technique of defense of the established interests. The premise of argument, then, part of the possibility of deducting minimal model ethical of desire to spend (public interest) according to objective parameters of the normative system. Public spending has always been treated disdainfully by the Brazilian doctrine, according to the legal character accessory assigned to the monetary cost. Nonetheless, it is the meeting point between economics and law, or is in the marrow of the problem of public shortage. Expensive Subjects to modernity, as the effectiveness of fundamental rights, pass necessarily an ethical legal system of public spending. From the ethical principles deducted from the planning, only the democratic principle guides the public spending through the approval of public spending in the complex budget process. In other words, there is an ethical distancing of economic reality in relation to state responsibilities. From the dogmatic belief of insufficiency, public spending is evaluated ethically, according to the foundations of modern constitutionalism, in search of possible of the financial reserve, certain that the ethics of public economy is a sine qua non condition for legal ethics.

A aplicação do acordo sobre subsídios e medidas compensatórias pelo estado brasileiro

The Multilateral Trading System has evolved and presented new international mandatory rules to States. Along with the World Trade Organization constitutive treaty, Brazil has incorporated the Agreement on Subsidies and Countervailing Measures (ASCM) in the national legal system. That treaty limits de scope of subsidies concession by governments since this practice can constitute a mechanism of commercial disloyalty, affecting national industrial development in the importing country. At the same time, the multilateral agreement grants defense legitimate instruments to States, among them the possibility of domestically and unilaterally imposing countervailing measures to subsidized products that enter the national territory. Since the issue concerns both international and domestic level in complementary grounds, this research, besides investigating the treaty related obligation, aims at studying the national legal fundaments to ASCM s application by the Brazilian State. Therefore, the essential point resides in the State s conduction of its international trading and also in its available and constitutionally established mechanisms of economic intervention. State s regulating power reveals itself as a fundamental prerogative to succeed in the internalization of international agreement s requirements in the domestic legal system, which represents a basic prerequisite to the implementation of countervailing measures. Once the whole normative outlines are apprehended, this study shall scan the administrative process of trading defense main elements, along with the means of controlling public administration acts. The action taken by the public organs that directly intervene in foreign trade shall be analyzed as well, so as to enable reasoning if the unilateral application of countervailing duties by the Brazilian State is happening on legitimacy grounds

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

O jornal televisivo e o ensino/aprendizagem integrado de português língua materna e francês língua estrangeira

Pour beaucoup de chercheurs, il y a une crise à l école et dans l enseignement/apprentissage des langues qui est provoquée par un enseignement cloisonné et décontextualisé de la réalité. Dans ce type d enseignement/apprentissage, le livre scolaire a une présence si hégémonique qu il est la source quasi exclusive du discours pédagogique et on ne fait que très rarement usage des langages du quotidien des apprenants. Le langage télévisuel est un de ces langages qui pourraient être utilisé pour ciliter enseignement/apprentissage d une langue vivante, variée et en situation, car il permet l exploration de tous les composants de la compétence de communication. En même temps, ce langage pourrait servir à sensibiliser les apprenants à une éducation aux médias. Le journal télévisé peut favoriser un enseignement/apprentissage intégré de la langue maternelle et de la langue étrangère, grâce à son format, similaire dans plusieurs cultures, et à son importance en tant que reflet des valeurs socioculturels des sociétés. Ces qualités sont très favorables pour stimuler le transfert des compétences entre la langue maternelle et la langue étrangère, pour qu on puisse enseigner et apprendre une langue, et connaître une culture. Le journal télévisé est vu comme une source d information et son analyse en classe peut contribuer à la formation d un apprenent/citoyen actualisé, critique et conscient des problèmes et des répresentations des sociétés

Avaliação da aprendizagem no no contexto dos ciclos: sentidos da prática avaliativa docente

The present paper analyses matters about the assessment in the context of the school organization in cycles. The complexity that involves the assessment turns it into a difficult subject, since the evidence that the model supported by the traditional approach contributes to foil the fulfillment of new continuous and wide-ranging assessment practices, that are coherent with a view of learning as a process established in the student-teacher-knowledge interaction. This paper has as guidance the following questions: How did the introduction of the teaching organization in cycles happen in Fortaleza/ CE? How far are the teachers prepared to the introduction of the cycles system, specially in the way of thinking and practicing the assessment? What are the teacher s involvements with this project and with the continuous assessment in the cycles? What meanings do the teachers give to the assessment in this project? Therefore, were determined as objectives: to comprehend the meanings attributed to the learning assessment by the teachers in contact with the cycles in Fortaleza/CE; to identify assessment practices that are closer to a less qualifying perspective, more related to the students learning and to the educational intervention in order to improve this process. The methodological orientation chosen was based on the presuppositions of the comprehensible interview, with reference to the studies of the French sociologist Jean Claude Kaufmann, developed with 15 (fifteen) teachers of 15 (fifteen) schools of the state teaching system of Fortaleza/CE. It was considered, in the methodology, the word as a central fact in the consolidation of the object of study, what allows to conceive the teachers as active participants of this research and of the discussions about assessment. The analysis about the speeches in the interviews made possible to glimpse the meanings attributed to the learning assessment that are not related to the traditional paragon, in spite of the dilemma in which the participants of the research faced at the time of the introduction of the cycles in Fortaleza/CE. These meanings were created between the presence and the absence of the teachers knowledge that, in their way, interact with the changes caused by the obligation of the teaching organization in cycles, seeking a strategy of self-organization as a consequence of the search for new knowledge connected with the teaching

O PROEJA ensino médio no ifrn, campus Caicó: causas da desistência e motivos da permanência

This dissertation deals about the theme of National Integration Program of the Professional Education to the Basic Education in the form of Youth and Adults Education - PROEJA, which was developed at the Federal Institute of Education Science and Technology of Rio Grande do Norte - IFRN - Campus Caicó. It aims to analyze the causes of the abandonment and the reasons for the permanence of students within the mentioned program. To substantiate this research, we used methodologically, some procedures such as bibliographical research, documentary analysis, semi-structured interviews and focus group. To analyze the data, we discussed the contradiction that involves duality and educational compensation based in the struggles and achievements of rights at the core of public policies for high schools, for vocational education and the education of youth and adults in the 2000s. We analyze the integrated high school under PROEJA, having as reference the conception of the total human formation; the inseparability of the primary education system and vocational education and the integration of knowledge and expertise as a whole, discussing the specificities of the modality EJA, discussing the causes of abandonment and the reasons for the permanence of the students of education for youth and adults (EJA) in the primary education system. As for the results, we found that although the PROEJA be a program that aims to provide a complete human formation to contribute to the full citizenship of their graduate members, what is announced in the document that guides its creation has not been materialized in Caicó Campus. The curriculum of the course was not designed for the students of EJA, nor teachers have had an adequate training to work with these specific individuals, and its specificities of being workers with differentiated learning times have not been considered. In addition, the courses are predominantly of instrumentalist characteristics. This indicates that the material and institutional conditions to achieve the promised total and complete training have not being fully materialized at the researched school. Associated with the difficulties concerning the intra-school and extra-school conditions, personal and socioeconomic conditions which are related to the obligation to work that implies in limitations to balance work, school and family, they influenced in the interruption of the school trajectory of these subjects. Through research, we confirmed that the motives of students who remain have to do also with intraescolares conditions the quality of education (qualification of technical staff and teachers) involved in the educational process, as well as socioeconomic and personal issues represented by the support of colleagues and family.Then it is concluded that the causes of abandonment and the reasons of the permanence are of institutional, socioeconomic and personal origins. Finally, it is observed that capitalist society demands as much as possible high levels of educated workers, and at the same time makes difficult the access to that education for much of the population, and it is not randomly. The objects of that exclusion are the popular worker classes and their children

O homem na estratégia de saúde da família

The research aimed to understand the general perception of men about their health care in a health unit família. This is an exploratory and descriptive qualitative approach, developed at the Center for Health Dr Vulpiano Cavalcante in the City of Parnamirim / RN. Participated in the investigation 12 men enrolled in the Estratégia de Saúde da Família ESF (Family Health Strategy), in the age-group 20 to 59 years lived in the catchment area of one of the ESF teams unit above. Data were collected from July to August 2009, through structured interviews, which, after transcription have undergone a process of identifying meaning units, coded and categorized according to the precepts of content analysis according to Bardin. Following in the footsteps of this method, originated the following themes: "Revealing what motivates men to seek assistance in the Estratégia de Saúde da Família," "Expressing knowledge of the Estratégia de Saúde da Família ", "an opinion about the care health and relationship with the ESF. The analysis was processed according to the principles of symbolic interactionism as Blumer. To support the discussions were used literary themes about man in the context of public health policies and the man in the family and the influences of gender. These, when they had their properties and dimensions analyzed, raised the central category Man on the Estratégia de Saúde da Família . The results show that respondents have limited knowledge about the ESF, your actions turn to use the service when no obligation arising from discomforts and accuracy of care. Moreover, delivering the opinion of the care with your health, even need, but recognizing that do not perform self-care. Given this reality, we can conclude that the perception of the man about his health in the ESF permeates gender issues that influence their behavior toward disease prevention and health promotion. This situation requires that the professionals and managers of health initiatives for the inclusion of man in the actions of the ESF assistance starting from the understanding of their conceptions of health care.

O processo de cuidar em Unidade de Terapia Intensiva

The environment of Intensive Care Unit (ICU) is commonly referred to as a place where caring is inextricably linked to high technology. The care in ICU often changes the patient into a taxpayer being left apart from its complexity and sometimes seen through a reductionist perspective. Thus, studies circa the care process are needed oriented from a historical ransom, raising the prospect of a more centralized human care. Hence, this study aimed to analyze the care process in a nursing intensive care unit from the perspective of the professional, family and patients. The study is characterized from a qualitative, descriptive and exploratory methodological approach. The actors were participating nursing professionals, patients and family members of an intensive care unit of Mossoró / RN. Data were collected in the period of May-June 2011, through interviews and observation of activities performed by nursing professionals, and their records in the chart. Data analysis was divided into topics and subtopics representing the phases and shapes that formed the collection. The analysis and discussion of the interviews were based on Bardin's proposal, when we created categories from a process of sorting and grouping criteria adequately defined. The observation of nursing records intended to observe the emphasis which is described in those notes as well as their consistency with practice of FCN and resolution 358/2009. The analysis showed that the nursing staff also performs work focused on mechanized activities and technical-bureaucratic institution that seem to override the needs of patients. In an overview, the care provided by professionals occurs either fragmented or insipient, however there is a service that involves other aspects beyond technical-curative practice, considering that major attention is given to the family and patient, focused on the concern of Nursing guiding their actions in not only the performance of procedures. However, the process of humanizing not always ends with an engagement between professional and patient, which mischaracterizes the true meaning of human care. The records also showed a tendency to focus on caring in a positivist line, where, in most cases, the factors of the disease and the obligation to meet the productivity have overshadowed other relevant aspects to a holistic understanding of caring. Regarding FCN Resolution No. 358/2009, which guides a systematization of nursing care, it is confirmed a technical view, a fragmented and superficial view of the patient, as well as a weakness of care, caused by ignorance and unpreparedness of the entire team. The perspective of caring demonstrates a reality with dialectic between what is proposed in a humane nursing and what happens in this performance space. Besides, it was shown a daily full of important considerations that arise in professional practice, in their views and also those people who were participants in the process

A percepção da fiscalização dos contratos de mão de obra terceirizada pelos agentes envolvidos nesse processo no âmbito da Universidade Federal do Rio Grande do Norte: uma análise sob o modelo do principal-agente

Outsourcing has emerged as one of the new ways of guiding the work. For its advantages and be consistent with the paradigms of managerial reform, outsourcing also started to be used in the Public Administration. However, taking into account the particularities of the latter, some issues are relevant when outsourcing concluded with the State. Gains notoriety, for example, the step of monitoring these contracts, to the extent that, from this activity, we can avoid the negative effects of outsourcing like the fact that the state will pay for labor and wage liens that are obligation of the company providing the services. This study aims to understand the perception that this process is under the Federal University of Rio Grande do Norte, from the point of view of different stakeholders, also explaining the motivations that these agents have to perform the supervisory process. As a theoretical basis was used the Agency Theory, which reinforces the supervisory activities as a necessary means to minimize moral hazard and adverse selection, seeking to understand not only the different motivations tax contracts to properly perform their duties, but also analyze other phenomena arising from this contractual relationship. To achieve the proposed objectives, were taken a literature review and a presentation of how to organize the management and oversight of contracts in UFRN. The methodological procedures included questionnaires and interviews with those involved in the process. After analyzing the results obtained in the survey instruments , and also based on the laws, regulations and instructions governing the procurement process within the UFRN, it was concluded that the process of overseeing the outsourcing of labor contracts in UFRN is not fully institutionalized, some points should be strengthened in order to have the consolidation of this process, highlighting the need for training of UFRN servers that act as tax, the knowledge that the contractual penalties are applied effectively, the need that there is a supervisor of tax of contractors and also the realization of the rotation system of outsourced employees

A Construção/reconstrução das competências profissionais do assistente social diante da gestão do serviço social da indústria SESI a partir dos anos 90

L´étude du processus de construction / reconstruction des compétences de l´assistant social sous la gestion du SESI (Service Social de l´ Industrie), Natal/RN, dès la moitié des années 90 a réaffirmer la perspective que ce processus est le résultat de déterminations macrosociétaires qui sont présents, particulièrement au Brésil, aussi que, la façon par laquelle l´assistant social, le professionnel inscrit dans la division sociale et technique du travail, fait développer son perfectionement technique et intelectuel dans un milieu de nouvelles structures productives qui éxigent un nouveau profil du professionnel face à la crise du capital et de l´État. Cette recherche, de nature qualitative et quantitative, a eu lieu par de combinaisons de recherche bibliographique et empirique. Les sujets ont été huit assistants sociaux et six travailleurs administratifs du SESI, Natal/RN. Les donnés ont été obtenus par des interviews semi-structrées. On a analisé les changements qui sont arrivés dans les gestions du SESI et les compétences qui sont éxigées de l´assistant social ; l´influence du milieu socio-occupationel sur l´action professionnelle et sur le processus de construction/reconstruction de compétences; l´agrandissement de demandes institutionnelles pour l´assistant social par rapport à la prestation de services ; aussi que la constatation de l´importance de ce professionnel, sa hardiesse, mais aussi quelques limites et défis affrontés face à la qualification stimulé par le SESI, en amenant le professionnel dans un processus contradictoire de qualification et disqualification professionelle

Aspectos constitucionais da anulação de decisão definitiva da administração pública federal no processo tributário

Cet article traite de la possibilité de proposer le Trésor à la justice pour annuler une décision administrative définitive sur les questions fiscales. Il s'agit d'un sujet qui s'oppose au principe de la vérité matérielle - qui doit prévaloir en cas d'impôt - avec une certitude morale représentée par la chose jugée administrative. Commence par le processus administratif d'impôt comme une garantie constitutionnelle du contribuable, insérée dans le panorama d une compétence adoptée dans la législation brésilienne en tant que pilier de l'Etat de droit démocratique. Met l'accent sur la position du Trésor avant l'autorité de la chose jugée administrative, ce qui démontre la fragilité de La décision finale sur les questions fiscales. Décrit les effets de la révision (ou de l'annulation) dês actes administratifs, en particulier la libération de l'impôt et de la décision administrative qui vise à le confirmer. Enfin, nous discuterons de la composition et la légitimité du contentieux administratif, en conclusion, avec le soutien de la prévalence d'un fait important dans le cãs d'impôt, est non seulement possible, mais le Trésor devrait examiner leurs propres actions si nécessaire

Sobre o problema da mentira na filosofia prática de Kant

The research examines the problem lie in the thought of Immanuel Kant. This field of law, of the history of political morality, we seek to investigate the Kantian rejection of falsehood and unconditional obligation to be truthful. Defends the thesis of the exception to lie and not be objectionable in two cases, namely: the torture and before the murderer. Thus, it is demonstrated that it is possible the exception to lie under the law, politics and history, considering the perspective of harmony of external freedoms and the idea of moral progress. In this sense, it is argued that the source of law is established to guarantee the external freedoms. From the point of view of morality, reaffirmed the absoluteness is that for Kant the duty of veracity, but it points to the possibility of a practical rule that allows the lie based on human dignity, weighting values as political equality, respect for rational agents, as well as the principle of humanity which teaches always treat the other as an end in itself.