O princípio da vedação ao retrocesso social e o papel dos poderes públicos na efetivação dos direitos fundamentais sociais

The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

O crucifixo nos tribunais: a neutralidade religiosa e o uso dos espaços públicos

This thesis aims to analyze the cross exhibition in sessions halls and audiences of the judiciary, considered the religious freedom and the limitations arising from the idea of State neutrality. It is known that the 1988 Constitution protects freedom of expression of thought, conscience and religion, in its various aspects, proclaiming, on the other hand, the neutrality of the state, to reinforce these same freedoms. Thus, the aim is to avoid confusion between state and religion, admitted, however, collaboration of public interest, in respect of attitude to the beliefs and individual choices of citizens. In modern societies, the dualism between the civil power and religion has to do with laicity and a broader phenomenon that took the name of secularism, meaning the loss of space of religion in societies or even decreased idea religious belonging. It is based on this finding that the work develops with reference to concepts such as civil society and rule of law relevant to an accurate understanding of the problem. The methodology consists of bibliographic and documentary research through books and thesis, in addition to the legislation and some precedents related to the topic in question, looking to investigate whether, even though the predominantly Catholic Brazilian people and recognized the strong influence that Christian values exercise on the public authorities, it is possible to sustain the symbolic differentiation state, a republic that is said secular and democratic and which has as one of the fundamental objectives to promote the good of all, without any form of discrimination. Starting from the idea that the presence in buildings and public institutions, symbols and Catholic imagery, like the crucifix, has some difficulty in reconciling the guarantee of religious freedom and the principle of laicity, the idea is to exactly propose a solution who can respect pluralism and diversity in a context where Catholicism remains a strong presence.

O zambê é nossa cultura o coco de zambê e a emergência étnica em Sibaúma, Tibau do Sul-RN

The coco de zambê is a dance of which origin is credited to old slaves who inhabited the coastalregion of Rio Grande do Norte. The zambê appears intensely in the narratives related to the past and present of Sibaúma, a quilombola community located in the southern coast of the state. It is conceived as a sign of ethnicity linked to a local black ancestry. The group is known as "remnant of Quilombo," and is demanding the process of territorial settlement, as guaranteed through the Brazilian federal constitution. The coco de zambê, presented as a kind of "certificate of ancestry to the group, besides, after a long period of abandonment, the dance is beeing "revitalized" and exploited by a part of the group alongside the demands for recognition. In this process there are several interlinked actors: NGOs, state agencies to promote the culture, representatives of public authorities and local leaders. Here, I'm interested in understanding how this process of revival occurs with the coco de zambê in Sibaúma: how a "brincadeira" (play) of the ancients comes to be a "cultural reference" and a means of political mobilization concerning their recognition

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Caracterização sócio-ambiental do bairro de Felipe Camarão- Natal/ RN

The rapid growth of the Brazilian cities in the latest years has brought a series of problems regarding housing policies and, therefore, the provision of dwellings for the low-income class people. Following the pattern of other capital cities, Natal has repeated the pattern of urbanization practiced in the country, which concentrates the low-income class inhabitants in specific zones of the city known as peripheries or even in a dwelling place for less-favored classes such as Felipe Camarão, which is one of ten boroughs belonging to the western administrative zone, a region which has historically received less attention from the public administrators towards infrastructure investments. Based on those aspects, the general objective of this work is to investigate which main social-environmental alterations have resulted from the processes of urbanization and field occupation in that area. The specific objectives are concerned with verifying 1) the process of urbanization and the process of dividing urban soil from the 1960s; 2) the current configuration of the public spaces in the borough; 3) the process of the deprivation of the original landscape characteristics of Environmental Protection Zones; 4) the dynamics of land occupation which are predominant in dune areas; 5) the dynamics of land occupation which are predominant in mangrove areas; 6) and the destruction of green covering on the land with its consequent alteration of the local floristic pattern. The methodology consisted of in-loco visits; the application of questionnaires as community research; a survey of bibliography published by the organisms and institutions in charge of carrying out the city hall s environmental and housing policies; and descriptive statistics of the collected data. Concerning the pattern of occupation which is predominant in the borough, the treatment of space dispensed by the local dwellers has culminated in the emergence and consolidation of environmental alterations which are clearly different from common occurrence in both the building area represented by housing complexes and in the green areas represented by dunes and mangroves. The data show that there was the predominance of the irregular land occupation process over the official housing policy during the population settlement which contributed with a series of frequent and foreseeable problems in the dynamics of urbanization of poverty such as invasions and appropriations of land parcels, the beginning of irregular arrangement of streets, the formation of villages and slums, which are full of self-constructed housing units, and the occupation and degradation of susceptibly fragile environmental areas such as the dune slopes and the mangroves

A política nacional de educação ambiental: limites e desafios para a sua efetivação na Universidade Federal do Rio Grande do Norte

The Environmental Education is a plural and diversified knowledge field, composed by a group of social agents of specific State, government and civil society sectors, with different world views and theoretical matrices that exercised and influenced its genealogy and constitutive dynamic. The Environmental Education – while specific knowledge field – has been produced, systematized and diffused in Brazil in the last decades by official State organisms, through public policies, as well as by social movements of popular education, and constitutes a large and historical movement about the environmental question, that was worldwide projected in the 1960 decade (the environmentalist movement). Concerning the creation of public policies and specific programs to the Environmental Education, in the scope of the governmental initiative, the approval of the National Policy of Environmental Education, by means of the Law n. 9.795/99 – together with its regulatory decree, the Decree nº 4.281 – represents the consolidation of a inclusion process of the environmental dimension in the educational field. These normative acts, beyond charging the public power with the incumbency to define public policies that incorporate the environmental dimension and to promote the Environmental Education in all education levels, also charge the educational institution with the duty of promoting this component in an integrated and articulated way with the educational programs that such institutions develop. In this context, it is aimed to identify and analyze under the light of the dialectical and historical materialism, the practices and concepts developed under the Federal University of Rio Grande do Norte (UFRN), with regard to its institutional policy on Environmental Education, relating it to establishing the Pnea. The analysis by means specific legislation on the subject and institutional documents UFRN. The research showed that, in general, the National Environmental Education Policy has limits to its effectiveness given the absence of specific funding for this purpose and the little government involvement in that the Brazilian State assumes, by through effective policies, the material conditions of financing actions with respect to this field of education. The fragmented and disjointed way the analyzed actions are developed constitutes a limit to the challenge for the UFRN implement, consistently and objectively, an Environmental Education policy, which can be monitored and evaluated as an effective public policy, both landmarks major goal of own Pnea as the demands of development whose agenda a critical environmental perspective.

A crise de legitimidade na democracia representativa e o desatendimento aos direitos fundamentais: um enfoque participativo-educacional

This study aims to bring reflection on the legitimacy crisis of the Brazilian representative democracy, which results in non-attendance of fundamental rights, regarding legal and social facts in light of the existing constitutional order and seeking solutions in more democratic procedures and in a more humane, critical, democratic and collaborative education. It has been an issue for some time the understanding that the authorities do not meet the basic needs of Brazilian citizens - the only way to make them autonomous and sufficiently able to conduct their lives in a competitive and globalized labor market. Such situation only worsened - as illustrated by the social movements in mid-2013 - when people took to the streets, showing a noticeable dissatisfaction with public services in general, and some other groups presenting specific complaints in those events. To find solutions or at least suggestions for the reflection of the problem found, a current approach to public authorities was necessary attempting to reveal how the constitutional order authorizes their operation and how - in fact - they act. In this endeavour, the legitimacy of power was discussed, involving the analysis of its origin, to whom it belongs and the legitimacy of deficit situations, concluding that it is only justified as it gets more democratic influence, with greater participation of people in its deliberations and decisions, with its plurality and complexity. Research carried out by official institutions was necessary to have evidence of the low level of social development of the country and the nonattendance of minimum basic rights, as well as exposure to various acts and omissions which show that all public authorities do not legitimately represent the people's interests. The competence of the Supreme Court to establish the broader scope of the remuneration policy in the public service received proper attention, presenting itself as an effective means to promote the reduction of the remuneration and structural inequality in public service and contributing to better care of fundamental rights. Also, considerations were made about the Decree 8243/2014, which established the National Policy for Social Participation (NPSP) and the National System of Social Participation (NSSP) and took other measures with the suggestion of its expansion into the legislative and judiciary powers as a way to legitimize the Brazilian democracy, considering its current stage. In conclusion, it is presented the idea expressed by the most influential and modern pedagogical trends for the creation of a participatory, solidary, non-hierarchical and critical culture since the childhood stage. This idea focuses on the resolution of questions addressed to the common good, which considers the complexity and the existing pluralism in society with a view to constant knowledge update. Knowledge update is in turn dynamic and requires such action, instilling - for the future generations - the idea that the creation of a more participatory and collaborative democracy is needed to reduce social inequality as a way to legitimize and promote social welfare, with the implementation of a policy devoted to meet the minimum fundamental rights to ensure dignity to the population.

O zambê é nossa cultura: o coco de zambê e a emergência étnica em Sibaúma, Tibau do Sul-RN

The coco de zambê is a dance of which origin is credited to old slaves who inhabited the coastalregion of Rio Grande do Norte. The zambê appears intensely in the narratives related to the past and present of Sibaúma, a quilombola community located in the southern coast of the state. It is conceived as a sign of ethnicity linked to a local black ancestry. The group is known as "remnant of Quilombo," and is demanding the process of territorial settlement, as guaranteed through the Brazilian federal constitution. The coco de zambê, presented as a kind of "certificate of ancestry to the group, besides, after a long period of abandonment, the dance is beeing "revitalized" and exploited by a part of the group alongside the demands for recognition. In this process there are several interlinked actors: NGOs, state agencies to promote the culture, representatives of public authorities and local leaders. Here, I'm interested in understanding how this process of revival occurs with the coco de zambê in Sibaúma: how a "brincadeira" (play) of the ancients comes to be a "cultural reference" and a means of political mobilization concerning their recognition

A organização da demanda em serviços públicos de saúde bucal: universalidade, eqüidade e integralidade em saúde bucal coletiva

RONCALLI, Angelo Giuseppe. A organização da demanda em serviços públicos de saúde bucal: universalidade, eqüidade e integralidade em Saúde Bucal Coletiva. raçatuba, 2000. 238p. Tese (Doutorado em Odontologia Preventiva e Social). Faculdade de Odontologia, Universidade Estadual Paulista “Júlio de Mesquita Filho”

Qualidade de vida no trabalho: o caso de enfermeiros dos Hospitais Públicos Walfredo Gurgel e Santa Catarina

The theoretical foundation of this study addresses the construct Quality of Worklife involving pro-active reading organizations in face to social developments of the working class, which is a challenge to the people s management. In this sense, as a contribution to the studies of quality of worklife (QOWL), this study addresses the quality of lifework of nurses at Walfredo Gurgel and Santa Catarina public hospitals. The goal is to make a diagnosis about the quality of lifework of these employees taking as a basis dimensions and performance indicators shown in the model by Fernandes (1996). The research is characterized by field, in a descriptive way. This survey comprised 75 nurses, with 49 by Walfredo Gurgel hospital and 26 by Santa Catarina one. The data collection was carried out through structured questionnaire. The questions were processed in the software Statistic 6.0, with factor analysis and multiple regressions, after the systematization of data. As a result, the most nurses in hospitals are dissatisfied with the quality of lifework, with the highest incidence in Santa Catarina hospital. The variable occupational health assessment was more negative in the hospital Santa Catarina one, whereas in Walfredo Gurgel, was family assistance. The variable guarantee of employment was more positive assessment in two hospitals without, though, implying in high importance on QOWL of nurses. The factor structure and decision showed greater sensitivity to explain the QOWL of nurses, joining 17 variables from 40 of the model. The factor working conditions, joining 6 variables, showed the second highest sensitivity. The compensation factor, gathering 5 variables, showed the third highest sensitivity while image and health factors showed minor importance

Fatores que influenciam a aceitação de práticas avançadas de gestão de segurança da informação: um estudo com gestores públicos estaduais no Brasil

This study examines the factors that influence public managers in the adoption of advanced practices related to Information Security Management. This research used, as the basis of assertions, Security Standard ISO 27001:2005 and theoretical model based on TAM (Technology Acceptance Model) from Venkatesh and Davis (2000). The method adopted was field research of national scope with participation of eighty public administrators from states of Brazil, all of them managers and planners of state governments. The approach was quantitative and research methods were descriptive statistics, factor analysis and multiple linear regression for data analysis. The survey results showed correlation between the constructs of the TAM model (ease of use, perceptions of value, attitude and intention to use) and agreement with the assertions made in accordance with ISO 27001, showing that these factors influence the managers in adoption of such practices. On the other independent variables of the model (organizational profile, demographic profile and managers behavior) no significant correlation was identified with the assertions of the same standard, witch means the need for expansion researches using such constructs. It is hoped that this study may contribute positively to the progress on discussions about Information Security Management, Adoption of Safety Standards and Technology Acceptance Model

Aceitação e uso de ambiente virtual de aprendizagem no contexto de um curso de capacitação para servidores públicos

This study aimed to examine how students perceives the factors that may influence them to attend a training course offered in the distance virtual learning environment (VLE) of the National School of Public Administration (ENAP). Thus, as theoretical basis it was used the Unified Theory of Acceptance and Use of Technology (UTAUT), the result of an integration of eight previous models which aimed to explain the same phenomenon (acceptance/use of information technology). The research approach was a quantitative and qualitative. To achieve the study objectives were made five semi-structured interviews and an online questionnaire (websurvey) in a valid sample of 101 public employees scattered throughout the country. The technique used to the analysis of quantitative data was the structural equation modeling (SEM), by the method of Partial Least Square Path Modeling (PLS-PM). To qualitative data was the thematic content analysis. Among the results, it was found that, in the context of public service, the degree whose the individual believes that the use of an AVA will help its performance at work (performance expectancy) is a factor to its intended use and also influence its use. Among the results, it was found that the belief which the public employee has in the use of a VLE as a way to improve the performance of his work (performance expectation) was determinant for its intended use that, in turn, influenced their use. It was confirmed that, under the voluntary use of technology, the general opinion of the student s social circle (social influence) has no effect on their intention to use the VLE. The effort expectancy and facilitating conditions were not directly related to the intended use and use, respectively. However, emerged from the students speeches that the opinions of their coworkers, the ease of manipulate the VLE, the flexibility of time and place of the distance learning program and the presence of a tutor are important to their intentions to do a distance learning program. With the results, it is expected that the managers of the distance learning program of ENAP turn their efforts to reduce the impact of the causes of non-use by those unwilling to adopt voluntarily the e-learning, and enhance the potentialities of distance learning for those who are already users

Metodologias de serviços públicos de ater: estudo em instituições do Rio Grande do Norte

Due to the appreciation of family farming by the Brazilian Federal Government, the Technical Assistance and Rural Extension was induced to restructure and act in a more participative way, culminating in the National Policy of Technical Assistance and Rural Extension (PNATER), changing the profile of technology transfer and knowledge (diffusionism) for an action that uses participatory methodologies focused on exchange of knowledge between farmers and technicians. The process of discussion of the trends of ATER brought the New ATER , with the recognition of agroecology as the main guidance. This research aimed to analyze methods of public ATER developed by institutions of Rio Grande do Norte, under the guidance of New ATER. The research is qualitative. Secondary data were collected through documental research and literature. Primary data were collected through a set of interviews applied to representatives of public institutions ATER, namely EMATER-RN, Diaconia and AACC and representatives of organizations that receive public ATER. The research showed the difficulties of EMATER-RN in implementing of New ATER due to lack of infrastructure and low adherence of the new form of technical assistance and rural extension. It was shown also that the AACC and Diaconia act with ATER through projects with implementation deadlines set, often interrupting ATER while communities are still in need of assistance

Relações de cooperação em consórcios públicos de regiões metropolitanas: análises do CONDIAM/PB e consórcio grande Recife

With the disorganized decentralization occurred in Brazil after the 1988 Constitution, municipalities have risen to the level of federal entities. This phenomenon became known as "municipalism" also brought some negative effects such as low capacity financial, economic and political of these entities. In the face of this reality , the municipalities sought in models of collaborative features to address public policy issues ultrarregionais, one of these models are the Public Consortia. Characterized as the organization of all federal entities that aim to solve public policy implementation alone that they could not, or spend great resources for such. This reality of the municipalities have an aggravating factor when looking at the situation in Metropolitan Regions (MRs). This is because the RMs has a historical process of formation that does not encourage cooperation, since that were created top-down during the military regime. Furthermore, the metropolitan municipalities have significant power asymmetries, localist vision, rigidity earmarked revenues, different scenarios conurbation, difficulty standardization of concepts and others that contribute to the vision of low cooperation of these metropolitan areas. Thus, the problem of this work is in the presence of collaborative arrangements, such as the Public Consortia in metropolitan areas, which are seen as areas of low cooperation. To elucidate this research was used for analysis the cases of CONDIAM/PB and Consórcio Grande Recife/PE, because they are apparently antagonistic, but with some points of similarity. The cases has as foundation the Theory of Common Resources, which provides the possibility of collective action through the initiative of individuals. This theory has as its methodology for analyzing the picture IAD Framework, which proposes its analysis based on three axes: external variables, the arena of action and results. The nature of the method of this research was classified as exploratory and descriptive. For the stage of date analysis, was used the method of document analysis and content, Further than of separation of the cases according to theur especificities. At the end of the study, noted that the CONDIAM/PB was a strategy of municipal government of Joao Pessoa to attract funds from the Federal Government for the purpose of to build a landfill, and over the years the ideology of cooperation was left aside, the prevailing view localist municipalities. In the case of Consórcio Grande Recife/PE, members act with some degree of cooperation, especially the collaborative aspect of the region, however, still prevails with greater strength the power of the state of Pernambuco in the decisions and paths of the consortium. Thus, was conclude that the Public Consortia analyzed are an experience of collaborative arrangement, from the initiative of members, as the theory of common resources says, but has not actually signed as a practice of collective action to overcome the dilemmas faced by metropolitan areas

Percepção dos usuários nos espaços públicos: avaliação pós-ocupação em três praças de Natal-RN

The research investigates the acting and the importance for the users of the public squares located predominantly in residential areas. It presents the results of the posoccupation evaluations accomplished in three squares, whose physical, environmental characteristics, equipments and fumitures are different in its qualities and amounts, taking in consideration aspects related to the users' physical and psychological comfort and of the inhabitants of the I spill. The collection of data involved physical risings and of files, observations behavious, application of questionnaires and interviews, analyzed qualitative as quantitatively so much for a larger precision and validity of the investigation. The results were obtained through the relationship among the users' perception the environmental attributes and the different levels of apropriation/use of the studied places. They indicate that the aspects composicionais of physical order of the space affects the type and the intensity of use of the squares intimately, contributing positive or negatively for its valor. It is evidenced like this, that the low freqüentation of the public squares of Natal, is due mainly to referring aspects to the physical quality and the amount of the fumitures and urban equipments. It is ended that the investments and the physical planning of these public spaces should be based in the real knowledge of the aspirations of the population objective, in way to allow its largest use and valor