A falta de ética e de espírito público na política brasileira

Unfortunately, the Brazilian politics has been characterized by lack of ethics. In a few exceptions, our representatives often behave in the exercise of power as if they were there to care for their own interests and not public affairs. Despite the dissatisfaction that the situation seems to trigger to society, the electorate does not get to transform their anger into effective gesture in order to withdraw from the public setting people who can not fulfill their mandate at the polls. Instead, the re-election of bad politicians has become commonplace fact. In this study, we proposed to discuss the matter in light of traditional philosophical theories, by selecting exponents of ethical thought from the Ancient Period to the Modern. We put special emphasis on behalf of amorality in Florentine thinker's ideas, to Machiavelli s political doctrine.

Práticas clientelistas e dádivas como estratégias de hegemonia política: uma análise sobre o campo da saúde em Mossoró-RN

The reality experienced by many families and individuals who seek and require the services of the Unified Health System - SUS, the relationships between users, health professionals, and political representatives, establishes the core of the issue that guides the choice and interest of this study concerning the prominence of clientelist practices and gifts that permeate the health field. The research is based on the analysis and reflection of the intrinsic relationship between the health and political fields. It analyses the health field and its relationship with the dynamics and developments of the local political scenario relating it to the implementation of the Family Health Program and Community Health Agents Program (PACS/PSF health programs) in the city of Mossoró, State of Rio Grande do Norte which refers to the period 1991-2010; and falls into a methodological perspective of qualitative approach. The methodological tools and techniques used were based on semi-structured interviews, direct observation of the field, journalistic texts and documentary sources. The construction and questioning of the object of the research were based on theoretical contributions from authors discussing the social field and symbolic power: Bourdieu (2005); clientelist relationships and gifts from asymmetric exchanges: Rouland (1997), Lanna (1995), Martins (1999), Carvalho (1999), Diniz (1982); exercise of hegemony and political strategy from authors who analyse this subject: Gramsci (1995), Coutinho (1981), and Gruppi (1978). Furthermore, the research has established dialogues with authors who address the dynamics of Brazilian politics such as Baquero (2001) and Weffort (1993). The collected data were subjected to qualitative content analysis. The results showed that with the implementation of the PACS/PSF programs in the aforementioned city, the health field has established itself as a key scenario for the exercise of political hegemony of the factions that dominate this socio-political context, resizing clientelist practices, however, without modifying the power structures within this social scenario

Homoafetividade e abertura política em contos de Caio Fernando Abreu

This text aims to study the literary representation of homoaffectivity in short stories of Caio Fernando Abreu in the context of brazilian redemocratization, specifically in the narratives published between 1982 and 1988. To understand the relation between literature and historical context in the tales, we betake, principally, to a notion of Literature and Society, as proposed for Antonio Candido. Relating the narratives of Caio Fernando Abreu with the military dictatorship and the redemocratization processes, as well as a generational project named contraculture, we aim to verify as the search for affection for men that desire others men may be conditioned for specific socio-hystorical conditions, understanding the literary work as a privileged field of representation and comprehension of reality

Iniqüidade em saúde: uma extensão das desigualdades sociais no sistema público de saúde do Brasil (2003-2006)

This issue analises the unevenness in the brazilian system of public health care as an extension of socials inequities. It is a theoretical study based in a historical method, using empirical camp from academic, corporation and institution researchs, along the period 2002-2006. Equality and effectiveness in health systems are analitical basic cathegories grap in the root of the doctrine, principles and organization of the Unique Health System, in which sectorial actions are inserted. Discuss the estructural prodution and determined those inequalities through some social determiners of health system: income, land, food securitiy, nutritional situation, basic sanitation, epidemiological inequities and public management policy. Carry out a thematic review over health social production, it formlation and the goals of social policies, as well as the insertion of the equality principle in the assistance system, in the frame of the running public health regulations. It uses reflections that enlighted the correlation between the process of political-institutional actions and equity on health assistance. Analized the pertinency of sectorial reorganizational strategies on basic attendance, confronting the hipothesis that those strategies reinforce social inequities in health system, because it organize diferential assistance levels over not equal baselines. The results show up that social inequalities, even remaining, have had a small decrease; that the selectiviness of actual public policies and the duplication of the health system, increases the differences within and between the social classes and configures the assistance as inequal. The basic care system has great shortages that also appeares in middle and complex assistance levels. As conclusion, it remarks that the health assintance system, even with it integrality has limits; structural problems on material conditions of living and health system could not be reversed only with institutional legal arragements; by the contrary, in border conditions, these strategies produce policies that reinforce inequities, neglecting the equity principle of the system in which frame, they work. One patina of this tim

A "voz das ruas" e a rearticulação da ideologia conservadora

The aim of this paper is to analyze the street demonstrations occurred last June and July 2013, which appear as samples of the hegemonic fights in course in Brazil, during the so-called Big Wave of the social groups in conflict nowadays in the country. Among other questions, this study tries to explain how the varied stages of these fighting groups influenced their late ones. For that, it takes into consideration the bibliography available not only on these groups, but also on the social and political contemporary Brazil. That is why it evaluates political documents, as well as opinion pieces, news and others disseminated by the press or by political groups. Speeches made by political leaderships, as, for example, that one the President Dilma Roussef made on 21 July 2013, deserves close analysis. This also applies to contributions made by secondary data, poll institutions and IBGE’s socio-economic data. Categories and concepts of Antonio Gramsci’s political sociology are used here as theoretic bases. In fact, it favors the hypothesis that, during the dispute for the intellectual and moral command of demonstrations on July 2013, a certain middle-class conservative ideology emerged on scene. This group conquered the agreement of hegemonic mass media acting now as a political party, here designated as media party. These media resorted to platforms preexistent to the demonstration movements, especially their rejection to political organizations and programs in order to ascend as the demonstrations’ leaders along a certain period in which corruption appeared as the central theme of these efforts, while the government tried to get control of the situation. In view of the several forces and issues at stake, the present study contributes to the discussion about the current reality in Brazil and its perspectives, without losing sight of the centrality of the June Movements as political and ideological milestones

(A)cerca do espaço: a nacionalização da questão agrária pelo MST (1984-2002)

This work has as objective to analyze the social movement called Movimento dos Trabalhadores Rurais Sem Terra and their relation to land reform from the idea of nation. In the decade of its emergence, 1980, Brazilian nationalism was deeply tied to aspirations for democracy and this consisted of a kind of political language of the period that included not only the MST, but also conservative sectors of Brazilian politics. The MST then develop a way to realize their different social function of the movements that preceded it as the Ligas Camponesas, incorporating the element of the nation as political capital to strengthen their practice. This relationship will be studied from a debate on contemporary Marxism and its key concepts.

Uma avaliação política da política de avaliação da educação superior brasileira

We had as the problem of analysis in this research: what are the assumptions, principles and general content that based the Sistema Nacional de Avaliação da Educação Superior (SINAES). We started from the hypothesis that the general content of SINAES is essentially based on the assumptions and principles of a control/regulatory perspective of evaluation and a summative epistemology, objectivist and quantitativist, constituted by members who prioritize testing and classification of courses and institutions based on market values. The overall goal was to make a political evaluation of SINAES and the specific objectives were: a) apply the concepts of politics evaluation and meta-evaluation, b) identify the role of international organizations in education reform in the 1990s and its impact on superior education in Brazil c) redeem the concept of evaluation, especially in the field of studies in education; and d) investigate the evaluation policies of Brazilian superior education leading to SINAES. As for the technical procedures for collecting and analyzing data, the research was made with bibliography and documents, considering that it was developed by bibliographic sources and official publications. It was developed by crossing sources: texts or documents remitted to others; it was also concentrated: on the role of international organizations in educational and State reforms (in the 1990s); on the policies of evaluation of the Brazilian superior education (1980s and 1990s); on the proposal of the Comissão Especial de Avaliação (CEA); on the Law No. 10.861/2004; on the documents of CONAES; on the Decree No. 5.773/2006, and the MEC Regulatory Ordinances No. 4/2008 and No. 12/2008. It did not stop in the so called purely technical aspects, but in the ideological field itself. The research found that international organizations, notably the World Bank, played a political, intellectual and financial role determinant to the field of education, a fact that reflects in the legal framework. It was also found that the politics of evaluation of the superior education is historically marked by conflict, represented by two distinct perspectives of different natures and emphases. On one hand, the focus is on control / regulation, favoring efficiency, productivity and competitiveness benchmarking and prioritizing the punctual performance and measurement. On the other, it seeks to transform academic perspective in primarily formative / emancipatory, in order to support more institutional improvement. It was concluded that the CEA presented a conception evaluation predominantly formative and emancipatory, which emphasized the idea of system, centered around the institution and repudiated the rankings practices. In the post-formulation period, however, some of its principles were fragmenting and, gradually, the institution was giving way to the courses and the Exame Nacional de Desempenho de Estudantes (ENADE) grew in prominence. With the creation of the Conceito Preliminar de Cursos superiores (CPC) and of the Índice Geral de Cursos da Instituição de Educação Superior (IGC), it was redemeed the practice of evaluation as measurement and control, under the principles of efficiency and productivity. So, SINAES that seemed like a progressive evaluation method has assumed a setting that close resembles the Exame Nacional de Cursos (ENC-Provão). Nevertheless, the survival of institutional formative evaluation, in the superior education evaluation policies, still an issue in dispute

O argumento de inclusão enquanto política de acesso à universidade pública

There are a great number of evidences showing that education is extremely important in many economic and social dimensions. In Brazil, education is a right guaranteed by the Federal Constitution; however, in the Brazilian legislation the right to the three stages of basic education: Kindergarten, Elementary and High School is better promoted and supported than the right to education at College level. According to educational census data (INEP, 2009), 78% of all enrolments in College education are in private schools, while the reverse is found in High School: 84% of all matriculations are in public schools, which shows a contradiction in the admission into the universities. The Brazilian scenario presents that public universities receive mostly students who performed better and were prepared in elementary and high school education in private schools, while private universities attend students who received their basic education in public schools, which are characterized as low quality. These facts have led researchers to raise the possible determinants of student performance on standardized tests, such as the Brazilian Vestibular exam, to guide the development of policies aimed at equal access to College education. Seeking inspiration in North American models of affirmative action policies, some Brazilian public universities have suggested rate policies to enable and facilitate the entry of "minorities" (blacks, pardos1, natives, people of low income and public school students) to free College education. At the Federal University of the state Rio Grande do Norte (UFRN), the first incentives for candidates from public schools emerged in 2006, being improved and widespread during the last 7 years. This study aimed to analyse and discuss the Argument of Inclution (AI) - the affirmative action policy that provides additional scoring for students from public schools. From an extensive database, the Ordinary Least Squares (OLS) technique was used as well as a Quantile Regression considering as control the variables of personal, socioeconomic and educational characteristics of the candidates from the Brazilian Vestibular exam 2010 of the Federal University of the state Rio Grande do Norte (UFRN). The results demonstrate the importance of this incentive system, besides the magnitude of other variables

Organização e institucionalização política do movimento negro de Uberlândia(MG)

Este trabajo forma parte de una investigación cualitativa empírica que se ha realizado con el Movimiento Negro en Brasil, sobre todo en Uberlandia (MG), en busca de Políticas Públicas para la Promoción de la Igualdad Racial y sus conflictos históricos con la sociedad brasileña entre los años 1980 , 1990 y 2009. En cuanto a los objetivos generales destacan la variación en la forma de organización social y política de la comunidad Uberlandense negro, ya que es un ejemplo de los patrones de producción de la organización política y las correlaciones entre las múltiples formas de organización política de la población por la política pública Promoción de la Igualdad Racial, aprobada por el legislativo y constitucional

Bioenergia e exclusão regional: a não política nacional agroenergética e os girassóis do RN

This doctoral thesis presents an analysis of the production of bicarbonates and related regional development in Brazil. It is widely believed that one of Brazil s vocations lies in the agro-energy sector. However, current national agro-energy policies, together with the experience of Petrobras (the national oil company) in rural settlements in the state of Rio Grande do Norte, show that Brazil has fallen short of effectively including the North and Northeast regions of the country, let alone small-scale rural producers (residing in rural settlements or not), in the development process and related benefits from the country s participation in the current world energy grid. The methodology entails secondary research related to the theme, such as books, official documents, websites and statistical databases from diverse sources, in addition to an analysis of statements from interviews of Petrobras representatives and other important scientific, institutional and labor union authorities, in relation to agro-energy issues and the socio-economic participation of family-based agriculture in this process. Principal findings show a correlation between agro-energy and regional development, creating the potential for numerous opportunities and challenges. Findings demonstrate the possibility of reversing/reducing historically rooted indices of hunger and poverty that continue to devastate the North and Northeast regions. At the same time, the thesis points to a potentially catastrophic increase in regional disparities, should the present historic moment not be seized upon so as to include these regions. Classic examples of non-policy at the federal level are presented as evidence of the absence of a regionally focused agroenergy policy in the current government, reinforced by the experiences of Petrobras in the Rio Grande do Norte rural settlements. Finally, the thesis concludes that there is an urgent need to create a government-sponsored enterprise (with a structure similar to Petrobras) with the purpose of implementing a truly broad and inclusive development process for the bicarbonates production sector, while remaining attentive to Brazil s opportune and critical role in the world s current agro-energy scenario.

Nesta terra, em se plantando tudo dá? Política de Soberania e Segurança Alimentar e Nutricional no meio rural paranaense, o caso do PAA

O tema proposto nesta tese vai ao encontro do atual debate em curso no Brasil e no mundo acerca de duas dimensões da cadeia agroalimentar: produção e consumo. Desse modo, as questões de como se dá essa relação frente às estratégias locais por diferentes atores, terá ênfase. Para isso, como campo empírico foram escolhidos três municípios localizados no território Centro-Sul do estado do Paraná: Irati, Inácio Martins e Fernandes Pinheiro que desde 2004 estão inseridos no Programa de Aquisição de Alimentos (PAA), mais especificamente na modalidade Compra com Doação Simultânea (CDS). A hipótese que embasa este estudo é de que o PAA poderá ser capaz de assumir um caráter estruturante - a partir do seu viés pedagógico, capacidade organizativa de produção, manutenção da diversidade ou resgate da policultura (e aqui se privilegia a agroecologia), bem como uma alternativa viável de acesso a um tipo de mercado (mercado institucional) -, não por altruísmo dos atores, mas por ser mais vantajoso ser parte integrante, do que estar à parte do processo, aliando a isso melhorias nas condições alimentares tanto das suas famílias, quanto das entidades receptoras. O objetivo principal foi analisar as relações sociais e as práticas alimentares de um grupo de agricultores(as) agroecológicos entre as responsáveis pelo recebimento dos alimentos doados buscando compreender se o PAA possibilita a Soberania e Segurança Alimentar e Nutricional (SSAN) de grupos sociais (como das famílias rurais) e das pessoas atendidas por estas entidades. A metodologia utilizada foi a de estudo de caso. Como procedimentos foram empregados entrevistas semi-estruturadas e aplicação de questionários como: Escala Brasileira de Insegurança Alimentar(EBIA) e Questionário de Frequência de Consumo Alimentar(QFCA). A amostra foi composta por agricultores(as)/ fornecedores(as) do PAA, nutricionistas e, coordenadora de uma das entidade dos seus produtos é, de fato, o que os mobiliza a continuar produzindo em maior diversidade e quantidade. Após a vivência dos(as) agricultores(as) /fornecedores de estarem inseridos no Programa foi possível para estes atores se sentirem parte do processo e, assim, repensar suas práticas de produção de alimentos, seja ela destinada ao autoconsumo, seja voltada à comercialização. Para além da discussão acerca da produção destinada ao autoconsumo, ficou claro o processo de recampesinização entre as famílias de agricultores(as). O processo de (re)conexão se apresenta de forma frágil, considerando, sobretudo, as considerações feitas pelas mediadoras. Trazer à tona o debate acerca da produção-consumo de alimentos, tanto na perspectiva de quem produz, como na de quem consome, e tomando por referência a operacionalização de políticas públicas, viabiliza a ampliação de debates e a concretização de ações mais contundentes numa perspectiva de minorar a situação de vulnerabilidade (social e alimentar) e de pobreza rural

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

O direito à saúde e a política nacional de atenção oncológica: uma análise a partir da crescente judicialização dos medicamentos antineoplásicos

The 1988 Federal Constitution of Brazil by presenting the catalog of fundamental rights and guarantees (Title II) provides expressly that such rights reach the social, economic and cultural rights (art. 6 of CF/88) as a means not only to ratify the civil and political rights, but also to make them effective and practical in the life of the Brazilian people, particularly in the prediction of immediate application of those rights and guarantees. In this sense, health goes through condition of universal right and duty of the State, which should be guaranteed by social and economic policies aimed at reducing the risk of disease and other hazards, in addition to ensuring universal and equal access to actions and services for its promotion, protection and recovery (Article 196 by CF/88). Achieving the purposes aimed by the constituent to the area of health is the great challenge that requires the Health System and its managers. To this end, several policies have been structured in an attempt to establish actions and services for the promotion, protection and rehabilitation of diseases and disorders to health. In the mid-90s, in order to meet the guidelines and principles established by the SUS, it was established the Política Nacional de Atenção Oncológica PNAO, in an attempt to sketch out a public policy that sought to achieve maximum efficiency and to be able to give answers integral to effective care for patients with cancer, with emphasis on prevention, early detection, diagnosis, treatment, rehabilitation and palliative care. However, many lawsuits have been proposed with applications for anticancer drugs. These actions have become very complex, both in the procedural aspects and in all material ones, especially due to the highcost drugs more requested these demands, as well as need to be buoyed by the scientific evidence of these drugs in relation to proposed treatments. The jurisprudence in this area, although the orientations as outlined by the Parliament of Supreme Court is still in the process of construction, this study is thus placed in the perspective of contributing to the effective and efficient adjudication in these actions, with focus on achieving the fundamental social rights. Given this scenario and using research explanatory literature and documents were examined 108 lawsuits pending in the Federal Court in Rio Grande do Norte, trying to identify the organs of the Judiciary behave in the face of lawsuits that seeking oncology drugs (or antineoplastic), seeking to reconcile the principles and constitutional laws and infra constitutional involving the theme in an attempt to contribute to a rationalization of this judicial practice. Finally, considering the Rational Use of health demands and the idea of belonging to the Brazilian people SUS, it is concluded that the judicial power requires ballast parameters of their decisions on evidence-based medicine, aligning these decisions housing constitutional principles that the right to health and the scientific conclusions of efficacy, effectiveness and efficiency in oncology drugs, when compared to the treatments offered by SUS

Tributação, finanças públicas e política fiscal: uma análise sob a óptica do direito e economia

In the Brazilian legal scenario, the study of taxation has traditionally been restricted to positivist analysis, concerned with investigating the formal aspects of the tax legal rule. Despite its relevance to the formation of the national doctrine of tax, such formalist tradition limits the discipline, separating it from reality and the socioeconomic context in which the Tax Law is inserted. Thus, the proposal of the dissertation is to examine the fundamentals and nature of taxation and tax legal rules from the perspective of Law and Economics (Economic Analysis of Law). For this purpose, the work initially reconnects the Tax Law and Science of Finance (or Public Finance) and Fiscal Policy, undertaking not only a legal analysis, but also economic and financial analysis of the theme. The Economics of Public Sector (or Modern Public Finance) will contribute to the research through topics such as market failures and economic theory of taxation, which are essential to an economic approach to Tax Law. The core of the work lies in the application of Law and Economics instruments in the study of taxation, analyzing the effects of tax rules on the economic system. Accordingly, the dissertation examines the fundamental assumptions that make up the Economic Analysis of Law (as the concept of economic efficiency and its relation to equity), relating them to the tax phenomenon. Due to the nature of the Brazilian legal system, any worth investigation or approach, including Law and Economics, could not pass off the Constitution. Thus, the constitutional rules will serve as a limit and a prerequisite for the application of Law and Economics on taxation, particularly the rules related to property rights, freedom, equality and legal certainty. The relationship between taxation and market failures receives prominent role, particularly due to its importance to the Law and Economics, as well as to the role that taxation plays in the correction of these failures. In addition to performing a review of taxation under the approach of Economic Analysis of Law, the research also investigates the reality of Brazilian tax system, applying the concepts developed in relevant cases and issues to the national scene, such as the relationship between taxation and development, the compliance costs of taxation, the tax evasion and the tax enforcement procedure. Given the above, it is intended to lay the groundwork for a general theory of Economic Analysis of Tax Law, contextualizing it with the Brazilian tax system

Democracia brasileira: fortalecimento da participação popular

A democracia tem representado ao longo da História o mais perfeito mecanismo político de convivência social, encontrando na soberania popular seu fundamento e legitimidade. De berço grego, instituiu-se sob princípios que radicavam o poder político no povo, exercido diretamente na ágora ateniense. O iluminismo dos séculos XVII e XVIII reacendeu o ideal democrático, encontrando no positivismo sua base teórica. O poder passou a ser exercido por via de representantes eleitos periodicamente. O locus da atividade política era o parlamento, ambiente fechado e refratário à participação popular, cingida, à época, ao voto do cidadão nos períodos eleitorais. O distanciamento entre governantes e governados gerou déficit de legitimidade no modelo liberal clássico, levando o constitucionalismo do século XX a abandonar o rigor formal positivista, para adotar uma nova hermenêutica, de base axiológica e centrada na participação direta do povo nas instâncias do poder. A Constituição Federal de 1988 compendiou a democracia participativa em seu texto, declarando no parágrafo único, de seu artigo 1º, que todo o poder emana do povo. Consagrou como base da soberania popular o sufrágio universal, o voto direto, secreto e de igual valor, além do plebiscito, do referendo e da iniciativa popular de leis. Garantiu ainda a ação popular como ferramenta de cidadania. A participação popular foi restringida com o advento da Lei nº 9.907/98, que impôs bloqueios processuais para seu exercício, gerando déficit de legitimidade no sistema representativo brasileiro. O propósito desse trabalho é demonstrar a necessidade de se estabelecer um novo espaço público na ordem constitucional do Brasil, de textura aberta e dialógica e de perspectiva emancipatória, que customize a participação do povo nas instâncias do poder, a partir da desburocratização dos instrumentos de soberania popular já existentes e da adoção de outros institutos democráticos semidireto, notadamente a iniciativa popular de emenda à Constituição, a revogação de mandato eletivo e o veto popular