Os conflitos de competência normativa do estado regulador brasileiro no setor administrado pela ANP

The dissertation has by objective describe the administrative activity of regulation exercised by independent regulatory agencies, observing that this activity was already done before this structures creation, however, after a really deep administrative reform that had as objective built a Public Administration with more efficiency, it passed to be done with some own peculiarities of these new structures of regulation. The work gave especial attention to what concern the conflicts of normative competency that really often happen between ANP (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis) and the legislatives organs of the Republic Federative of Brazil, because energetic area has unbelievable mater to any country, and the fact of some juridical norm be against the law and be accepted is very dangerous, it affronts the constitutional principle of the legality e may put in risk the democratic Estate of law, them, regulatory dogmatic must be scientifically knows, and developed, thought and especially there are so many doctrinaires divergences about regulation constitutionality. As a theorist point, the investigation got the Logical nocontradiction principle, according Hans Kelsen and Lourival Vilanova thought, doing a philosophical reflection about the system of positive law, in which there are many antinomies, or conflicts of norms, what include the conflicts of the administrative acts expedited by ANP and the legislation of the brazilian regulatory Estate. For a better understanding and exemplify some perplexities treated by the doctrinaire angle, this work did a lucubration about a possibility of a normative conflict between a ANP resolution and the municipal legislation in a specific case, also, brought several jurisprudences for the brazilians courts of justice, that confirm the empiric existence of normative conflicts among ANP s administrative norms and federal legislation. Finally, concludes observing that the regulation is not a legislative competency delegation to regulatory agencies, is just a new exercise of the administrative function, it is a technical specialization of the public administration, that using this know-how can acting with more efficiency, however the normative power of regulatory agencies must respect the empire of law, so in this terms, the dissertation suggests the ponderation of the constitutionals principles of efficiency and legality how form to harmonizing the democratic legitimate inherent to legal norm supremacy, with the perspective of an efficient economic and institutional 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

Gustavo Barroso, o führer brasileiro: nação e identidade no discurso integralista barrosiano de 1933-1937

The purpose of this paper is to analyze how Gustavo Barroso sought to discursively construct what would be the Brazilian spatiality through an Interpretation of national history marked by the Jewish conspiracy theory, a racist doctrine in various aspects dialogued with Nazi doctrine, and the thought the Catholic Restoration. Writing that built a given image of the nation. Writing and producing product that is the source of other discourses that operate on the world, appointing him, enveloping him in a load of meanings. Interpretations of time and space that discursively construct realities and ways of being in the world. For the development of this work we will focus mainly on the analysis of the literature of the period integralist Gustavo Barroso since the year 1933 until the year 1937, as well as undertake an analysis of the Cohen Plan, which we understood to be the heir of a grid of thought that falls in line with the theories of political and racial anti-Semitic plot. Thus, we assume that it is necessary to think of the space also in their political and cultural dimensions, and with an barrosiana significance of national space, expressed in the discursive field, the result of a given historical moment and engaged with certain power relations, which unfold through complex relationships, we understand that Barroso made the reading of the Brazilian nation would be its own representation.

Cenários de contra-hegemonia no protestantismo brasileiro no contexto da pós-modernidade

Since long ago that the religious manifestations are considered important items in various social media. In this sense, we are interested in understanding the strong denominational plurality, and the emergence of new movements / events and forms of Christianity in Brazil, which therefore is a reflection of what happens in the rest of the globalized world. Such interest is covered by the assumption that religiosity and social media are built on mutual and interconnected way, which allows us to understand that social cosmology presents itself as a fertile space privileged and to verify the interactions pertaining to the binomial: religion and society. The Protestantism is divided into three main streams: Historical, Pentecostal and Neo-Pentecostal. Each current of Protestantism emerged to adapt to social cosmology of historical ages, from the Reformation to the present day, forming institutions with certain ethical and moral stances. In this sense, it is necessary to research and understand how the historical Protestant, Pentecostal and neo-Pentecostal were implanted in Brazil. From this we believe to be interesting problematize accurately the following: How have the processes of formation of strands / evangelical movements in Brazil? These movements are still holding their "classic robes" or hybreeding their borders? What are the modulations in the religious transit demonstrate that this probable hybridization? If there is, indeed, a hybridization between the Evangelical means, we can put it is provoked only by a logic of "market of symbolic goods of religion" in the world today? Nowadays, we are experiencing a period of change cosmological, from Modern to Postmodern (caosmológic). This last is therefore characterized by secularization, the fracture, the mutilation, the diversity of subjectivities. And thinking about is this "spirit of the times" we take as the main its theoretical references of this study, the Italian philosopher and thinker of postmodernity Gianni Vattimo featuring postmodernity with the cosmology of fragile / pensiero debole Thought and post-metaphysical, that is which enhances the appearance of more plural institutions and non-absolute. To do so, he makes use of the philosophies of German, Nietzsche and Heidegger. Finally, it must be said that this grounded theoretical framework, raise the hypothesis that the Protestantism tends to "injure anymore" by the influence of postmodern social episteme, providing thereby the emergence of a new hybrid framework has not yet nominated and can move between the three major currents of world Protestantism, with features in converged aspects of the same.

Cenários de contra-hegemonia no protestantismo brasileiro no contexto da pós-modernidade

Since long ago that the religious manifestations are considered important items in various social media. In this sense, we are interested in understanding the strong denominational plurality, and the emergence of new movements / events and forms of Christianity in Brazil, which therefore is a reflection of what happens in the rest of the globalized world. Such interest is covered by the assumption that religiosity and social media are built on mutual and interconnected way, which allows us to understand that social cosmology presents itself as a fertile space privileged and to verify the interactions pertaining to the binomial: religion and society. The Protestantism is divided into three main streams: Historical, Pentecostal and Neo-Pentecostal. Each current of Protestantism emerged to adapt to social cosmology of historical ages, from the Reformation to the present day, forming institutions with certain ethical and moral stances. In this sense, it is necessary to research and understand how the historical Protestant, Pentecostal and neo-Pentecostal were implanted in Brazil. From this we believe to be interesting problematize accurately the following: How have the processes of formation of strands / evangelical movements in Brazil? These movements are still holding their "classic robes" or hybreeding their borders? What are the modulations in the religious transit demonstrate that this probable hybridization? If there is, indeed, a hybridization between the Evangelical means, we can put it is provoked only by a logic of "market of symbolic goods of religion" in the world today? Nowadays, we are experiencing a period of change cosmological, from Modern to Postmodern (caosmológic). This last is therefore characterized by secularization, the fracture, the mutilation, the diversity of subjectivities. And thinking about is this "spirit of the times" we take as the main its theoretical references of this study, the Italian philosopher and thinker of postmodernity Gianni Vattimo featuring postmodernity with the cosmology of fragile / pensiero debole Thought and post-metaphysical, that is which enhances the appearance of more plural institutions and non-absolute. To do so, he makes use of the philosophies of German, Nietzsche and Heidegger. Finally, it must be said that this grounded theoretical framework, raise the hypothesis that the Protestantism tends to "injure anymore" by the influence of postmodern social episteme, providing thereby the emergence of a new hybrid framework has not yet nominated and can move between the three major currents of world Protestantism, with features in converged aspects of the same.