Participação administrativa processual na administração pública dialógica

The dissertation, which is based on the deductive method, by using general concepts of the theory of the administrative participation in the administrative process, addresses the importance of strengthening administrative and procedural activities of citizen involvement in public administration for the administrative consolidation of democracy in Brazil. The emergence of Administrative Law has particular importance for the understanding of its institutions and, of course, for the different fields of public administration. The authoritarian profile of this area of law still exists as a clear recollection of their origin, mainly based on a relationship of superiority of the state over the individuals. Indeed, does not even modern constitutionalism could print a true democracy administrative, since the constitutions were not properly observed by the Government. Furthermore, only the process of constitutionalization of administrative law legal relations took a more democratic profile. That is, the creation of an environment of dialogue with civil society is a recent achievement of the Brazilian government. As the administrative process involves dilemmas and solutions of state action, because it is revealed the expression government, the strengthening of institutions and principles related to the administrative procedure is important for role in making a more participatory relationship between state and citizen. Thus, administrative participation can be considered not only a mechanism of control and legitimacy of state action, but also for improvement and reduction of administrative costs, as a requirement of the principle of efficiency. The objective of this investigation is to assert as the administrative legal relation, the administrative legality, the administrative jurisdiction, the processuality administrative, the consensuality administrative and administrative justice, together with administrative participation, can contribute to a more democratic role of the Public Administration and, therefore, more dialogic and consolidator of the fundamental rights of citizens. Therefore, we highlight the importance of the administrative process and administrative participation as mechanisms for improving public policy and thus as a means of reducing administrative costs mediate the state

Ordem econômica e política nacional de recursos hídricos: hermenêutica constitucional para o desenvolvimento sustentável

This research proposes a study about the interpretative techniques application that are compatible with the national legal system under the principles for Sustainable Development characterized in Brazilian Constitution. It verifies the actual possibility of reconciliation between national development and environment protection, with reflections under the water legal protection. It was proposed, therefore, to point subsidies for jurisdictional decisions involving development and the environmental goods, protected as constitutionally guaranteed principles. It was assumed that, both development and environment protection represents basic rights that are eventually placed in conflict situations, considering the many legitimate economic activities within the Brazilian State. A representative case analysis was elected within the current national scene, detailing the judicial and political conflict involving the Transboundery water Project from the São Francisco River Basin to another Northeastern river basin in Brazil. The implementation of several constitutional principles with elements from legal hermeneutics provides subsidies for the legal analysis about the conflict between development and environmental protection. It was assumed that the main discussion item about rights due to development today is the institutions influence and their results, among them the rules, laws and interpretative elements for the constitutional text objectivity, as the institutions credibility and the Supreme Courts interpretations. The use of interpretative resources for specific conflict situations about constitutional principles by Superior Courts, on the search, would bring a contributory factor for decision safety, related to sustainable development principles, elimination of inequalities and regional protecting for the environment. Specific aspects of Law No. 9.433/97 that introduced the National Water Resources Policy were examined, with its instruments, in order to specifically contextualize aspects of the Brazilian water resources management politics

Acesso à justiça enquanto direito fundamental: efetivação pela defensoria pública

The Federal Constitution of 1988 is recognized for its enlargement in the face of large amount of provisions that make it up, among which many are fundamental rights. The fundamental rules set up the foundation of a democratic state, however, are the necessary legal mechanisms to be effective, its exercise is not enough merely to state them, but to offer ways for them to stop being just written standard on paper, and come to be viewed and exercised day-to-day. In this sense, access to justice presents itself in our times, as a cornerstone for a just society dictates. In this light, access to justice can be seen as the most fundamental of rights, which translates as instruments able to safeguard the fundamental rights not only against the action/omission violating the state but also the very particular. Furthermore, access to justice within the legal country, is not right for everyone, despite the willingness of the Citizen Charter in its article 5, paragraph LXXIV, ensuring that the State shall provide full and free legal assistance to those in need. More than half of the population lives in poverty and can´t afford to pay legal fees or court costs as well as a bump in their own ignorance of their rights. The judiciary, in their primary function, is in charge of trying to correct the violation of the rights, intending to effect a true distributive justice, serving as a paradigm for the promotion of substantive equality of human beings, however, is difficult and tortuous access Justice for those without financial resources. In this vein, we present the Public Defender, as keeper of the masses in its institutional role, defending a disadvantage, in the words, as a mechanism for effective access to justice, ensuring therefore fundamental rights. Public Defenders arise at the time or much discussion highlights the priority of actual access to justice, custody, therefore, intimate bond with the pursuit of fundamental rights, in which, that advance the broad range of rights, without whom could defend them or guardianship them

Avaliar na alfabetização: uma reflexão sobre as dificuldades docentes

Our work leads up to the context of evaluation during alphabetization process as a moment of an educational action cycle that requires planning, teaching and learning of reading and writing. It aimed to research the difficulties lived by teachers of a public elementary school during the specific task of evaluating children in the alphabetization process. This qualitative research took place as a case study at Emília Ramos Municipal School, in Natal, capital city of Rio Grande do Norte State, Brazil. Semi-structured interview and questionnaire were used as fact-gathering proceedings. Two pedagogical advisers and seven teachers formed the group of research subjects. All of them worked with elementary school first cycle classes, in that school, in the year of 2003. The analysis shows that teachers difficulties concern to theoretic questions of conceptual and methodological orders, although these questions indicate an important knowledge of teachers about alphabetization and evaluation. Our reflection about these problems articulates two points: alphabetization and evaluation. Concerning alphabetization, we took reference on Psychogenetic studies of Ferreiro and Teberosky (1985) which emphasizes fundamental points for a coherent evaluation practice: a) objective knowledge is not a beginning data; it is a construction process, which the learner does not conquest step by step on a linear way; b) objective knowledge acquisition happens through a global re-construction, and some of them may seem mistakes if we consider conventional writing but these mistakes are constructive and necessary. We also took reference on Interactionist-constructivist theory. Here, Vygotsky (1984) proposes that writing must be specially understood as language, symbolical activity, cultural practice. So, acquisition of writing process, as language learning, must be understood as a development of abilities relative to symbolical and communicative activity of sense production. On this way, Hoffmann (1994) advises that is necessary to overtake current evaluation practices, limited by their terminality character, only pointing right or wrong questions. According to a new paradigm, valuation appears as one of the mediations by which teachers must indicate re-ordination of pupil s knowledge, and re-organize their own practices too. The comprehensions of these questions plays decisive part in order to overtake our difficulties in evaluating. Besides, it points a way to build a coherent valuate practice, with an emancipating character and able to create new teaching-and-learning situations, leading to a better alphabetization Pedagogy

O jornal Tribuna do Norte e a publicidade do crime na esfera pública (1950-1970)

The study aims to analyze the crime of the advertising process in the post-World War II period in Brazil, considering the Tribuna do Norte newspaper as one of the main vectors of this production in the public sphere of Rio Grande do Norte. The theoretical discussion is based on sociologists Jürgen Habermas and John Thompson, among others, that bring ideas about the relationship between the press and the public space. Our research in the journal is during the period from 1950, the year of the creation of this press, to 1970, in the context of AI-5 law. This period is considered the consolidation of this periodic in the populist context of Aluízio Alves, as well as the articulation with political changes after and before military coup in 1964. The publicity of crime is showed as a historical building, involving journalistic procedures, subjects and spaces. The publicity is related to commercial and political questions when some facts turned into a public event. In this sense, this research focuses on the publicity in its political dimensions. Related to the methodology, it is an empirical and qualitative study, based on literature, with a descriptive and interpretative approach, according to historian Tânia de Luca. The corpus of analyze is composed by notes, titles, news, reports, advertisements, image texts, among another textual genres. The chapters present a study about the building and changes of the populist journalism; the publicity of crime in democratic times; besides the military coup in 1964 and the changes of publicity of crime. The results of analyzes show that Tribuna do Norte, although has adopted more liberal pattern from North American presses, during the analyzed period has yet conservative and authoritative patterns from old potiguar presses. In this period, the political practice, in spite of diverse commercial interests, was an important element in the trajectory of this ambiguous journalism that has influencing, in a significant way, the production of news of crime.

Perguntou o juiz ao tutor pela pessoa deste órfão: os magistrados na ordem sócio educacional do Seridó (século XIX)

This work has the objective to analyze the presence of justice, embodied in the orphans of judges, the encouragement, guidance and custody of minor heirs of the Village of Currais Novos, the area called Seridó of Rio Grande do Norte, especially with regard to education in the century XIX. Aims the meaning of the performance of judges in education and their practices, whereas this figure had a power that went beyond its mere function, but played a political role, taking responsibility for guarding and protection of property left by families of the Imperial period. The study focuses on the set of notary offices documents, inventories, sharing, self accounts and orders, belonging to the District of Currais Novos Forum in the period between the years 1822 to 1829. Finally, the conclusion demonstrates how Judges controlled the education of orphans, through tutors, and it is used for this purpose, the account acts as a procedural mechanism and documentary of its judicial activity.