Parâmetros de concretização judicial do direito fundamental à saúde no fornecimento de medicamentos

In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health

A (re)significação conceptual nas práticas colaborativas com professores do Ensino Fundamental

The work objectified to apprehend the degree of the teachers' concept concerning the territory concept and to intervene with situations of critical reflections to accompany and to analyze the process of conceptual elaboration. It contemplates on the (new)meaning of knowledge and (new)elaboration of the concept in study done inside a pedagogic intervention. The Municipal School Dr. Julio Senna - Ceará-Mirim/RN and six (6) teacher-collaborators that taught in the 3rd and 4th grades of the fundamental teaching, constitutes the empiric field of the research. Its theoretical-methodological contributions are built in the studies of Vigotski (2000a, 2000b and 2001) on the formation process and development of concepts; in the methodology colaborate (Ibiapina (2004), Bartomé (1986), Kemmis and Mctaggart (1988), Arnal, Del Ricon and Latorre (1992), Pepper and Ghedin (2002), among others) and in the critical-reflexive conception of the Geography (Soares Júnior (2000 and 1994), Silva (1998), Raffestin (1993), Santos (1994), Felipe (1998), among others). The accomplishment of the work presupposed starting from the reflections on the following subjects: which the teachers' understanding in the school space concerning the territory concept? How does happen the process of conceptual construction territory for the teachers? The analysis of the teachers' previous knowledge on the concept in study, evidenced that its apprehensions on the attributes of the referred concept went mentioned the to light of the perceptible dimension of the real-concrete relationships of the reality linked to the degree of the spontaneous concepts and followed by the ideas of the traditional, humanistic and cultural geographical conceptions (positivism and phenomenology), restricting the territory meaning the notion of State-Nation and place of the men's dwelling. In the intervention process, it was verified to real possibility of the acquisition of indispensable scientific concepts to the process of (new)meaning conceptual of geographical knowledge through the continuous practice of the educational formation, when it was evidenced that the teacher-collaborators acquired high degrees of attributions of the significance of the territory concept to the they elaborate generalizations by means of analyses and syntheses of the concept-attribute (essential and multiples) of the reference conceptual in study