A construction como método concretizador de direitos fundamentais: aplicação na jurisdição constitucional brasileira

The way of organization of the constitutional jurisdiction implies the possibility to extend the democratization of the same one in function of the popular participation in the active legitimacy to constitutional process (procedimentalist model) e, at the same time, to assure technical viable decisions fast and to the complex problems of the constitucional law (substancialist model). The comparison with the constitutional jurisdiction of U.S.A. becomes interesting from the knowledge of the wide power to decide experience of Supreme the Court that for a methodology of construction of rights and not simply of interpretation of the Constitution, brought up to date and reconstructed throughout its historical evolution the direction of the norms of basic rights and the North American principles constitutional. Construction while constitutional hermeneutic method of substancialist matrix works with techniques as the measurement of principles, the protection of interests of minorities and the entailing of the basic rights with values politicians, what it can be brought to evidence of the Brazilian constitutional jurisdiction in order to improve the construction of basic rights that comes being carried through for the judicial ativism in control of the diffuse and abstract constitutionality. To define the limits of construction is to search, on the other hand, a dialogue with the procedimentalists thesis, aiming at the widening of the participation of the citizen in the construction of the basic rights for the constitutional process and to argue forms of the society to evaluate the pronounced decisions activist in the controls diffuse and abstract of constitutionality

Controle social do espaço público: uma análise do conselho turístico pólo costa das dunas

The managing Conselho of public politics constitute one of the main experiences of democracy in Brazil contemporary representing a conquest for construction of a democratic institutionalism. The historical newness consists of the intensification and the institutionalization of the dialogue between government and society - in public and plural canals - as condition for an allocation more efficient joust and of the public resources. In this context the present study it objectified to understand from readings of the performance of represented group of bencheses the dynamics of functioning of the Tourist Conselho Pólo Costa das Dunas while space of participation and social control. The bibliographical research contemplated diverse sources in order to compile knowledge of credential authors in the quarrel of inherent subjects to the civil society and the public sphere to the construction of the citizenship to the conception formation and dynamics of the social control through Conselho of public politics. A qualitative perspective the case study was adopted as research method and for attainment of the data interviews with the members of the Conselho had been carried through beyond consultation the referring documents the dynamics of functioning of the Conselho. The profiles capacities and limitations of the members of the Conselho had been identified constitution social and dynamic organization of functioning of the Conselho and the readings of the members of the Conselho concerning the power to decide instances and participation. The results had shown that the allotment of being able in the Conselho does not occur of equal form. The functions of coordination of the activities of the Conselho are assumed by the representatives of the public agencies. Level of qualification of council members also if presents as difficulty to development of activities of Conselho since the majority of the interviewed ones disclosed unreliability and unfamiliarity when thematic specific that runs away from its organizacional reality they are boarded in the assemblies. Of this form the Conselho if presents more as half of institutional legitimation of what half of characterization of the creation of a public sphere properly said. Finally he could himself be concluded that a democratic culture inexists that inside crosses practical the institutional ones of the Conselho thus limiting the possibility to reach the effective social control of the public politics of tourism in the Rio Grande do Norte

Mulher chefe de família, na cidade de Aracaju:dominação e poder

The research was focada in the feminine head of family, the City of Aracaju and its impacts in the nuclear familiar nucleus. Considering that, the papers of the men are in general, not valued and rewarded that the papers of the women in almost all the cultures. The women generally load the responsibility to take care of of the children and the domestic work, while the men traditionally are born with the responsibility to support the family. However, we find changes in this mainly north-eastern scene and, where through quantitative research, already one evidenced that they are majority as family support, therefore, we observe the construction of social identities of the women family heads and uncurling of the adaptativos aspects, the existing mechanism between domination and power, in the familiar nucleus. The impacts in the family if had change in the social relation for them to be family heads. One is about qualitative research that has left of the construction of a theoretical landmark, analyzing given of bibliographical sources and from interviews with women family heads, power to observe the forms of joints in the nuclear families, as they deal with the power to decide power, the financial power, the fragility, the domination and the influences of the traditional models. Analyzing the familiar relations between the woman, the children and the spouse, searching the excellent questions for the briefing of the thematic one, demystifying the dichotomy between the mother/wife and woman head of family in the residential environment

Controle social do espaço público: uma análise do conselho turístico pólo costa das dunas

The managing Conselho of public politics constitute one of the main experiences of democracy in Brazil contemporary representing a conquest for construction of a democratic institutionalism. The historical newness consists of the intensification and the institutionalization of the dialogue between government and society - in public and plural canals - as condition for an allocation more efficient joust and of the public resources. In this context the present study it objectified to understand from readings of the performance of represented group of bencheses the dynamics of functioning of the Tourist Conselho Pólo Costa das Dunas while space of participation and social control. The bibliographical research contemplated diverse sources in order to compile knowledge of credential authors in the quarrel of inherent subjects to the civil society and the public sphere to the construction of the citizenship to the conception formation and dynamics of the social control through Conselho of public politics. A qualitative perspective the case study was adopted as research method and for attainment of the data interviews with the members of the Conselho had been carried through beyond consultation the referring documents the dynamics of functioning of the Conselho. The profiles capacities and limitations of the members of the Conselho had been identified constitution social and dynamic organization of functioning of the Conselho and the readings of the members of the Conselho concerning the power to decide instances and participation. The results had shown that the allotment of being able in the Conselho does not occur of equal form. The functions of coordination of the activities of the Conselho are assumed by the representatives of the public agencies. Level of qualification of council members also if presents as difficulty to development of activities of Conselho since the majority of the interviewed ones disclosed unreliability and unfamiliarity when thematic specific that runs away from its organizacional reality they are boarded in the assemblies. Of this form the Conselho if presents more as half of institutional legitimation of what half of characterization of the creation of a public sphere properly said. Finally he could himself be concluded that a democratic culture inexists that inside crosses practical the institutional ones of the Conselho thus limiting the possibility to reach the effective social control of the public politics of tourism in the Rio Grande do Norte

Gestão híbrida em cooperativa de crédito: uma análise a partir do interesse, participação, satisfação e expectativa dos cooperados da COOPERUFPA

The globalization of markets has confirmed for the processes of change in organizations both in structure and in management. This dynamic was also observed in credit unions because they are financial institutions and are under the rules of the Brazil´s Financial System. Given the context of organizational changes in the financial capital has played the traditional management reform is urgent. In organizations credit unions, given its dual purpose, because in the same organizational environment and capitalism coexist cooperative whose logics are antagonistic, but can live through the balance between instrumental rationality and substantive rationality in credit unions. Based on this concept a new form of management should be thought to be able to accommodate the demand of cooperative, community, government and the market. Hybridization has been observed in management practices` COOPERUFPA into dimensions financial, social and solidarity participation with a trend in paradigmatic form of hybrid management, in that it directly or indirectly affect the management decisions in the credit union. The hybrid management is a trend that has been setting the basis for societal transformation, so that credit unions promote actions of welfare oriented cooperative members and the community around the same time that attend the dynamics of market globalization. These actions, in the context of hybrid management should be implemented by COOPERUFPA from the sociability of the remains and the wide diffusion of solidarity culture between cooperative partnership as a way to recover their participation in trade relations, financial and the social collective developement. For the members of COOPERUFPA financial interest is evidenced in greater relevance for the social interest given its dominant relationship as "mere customer" of the credit union, however, the proactive participation of the life of the cooperative credit union is one of its expectative among of participation of to share power in decisions by general meetings. This passivity`s cooperator of the COOPERUFPA in defending the ideals overshadowed the spread of cooperative principles and values of cooperation among them. Thus his conception for COOPERUFPA in the financial dimension, social and solidarity democracy, performed transversely. The COOPERUFPA for not developing an education policy for the cooperation among its members, contributed to a process of collective alienation of cooperative ideals, since the cooperative do not understand the reality that surrounds them as members of an organization whose mission is to social and financial sustainability of its members

Características físicas, somatotipo e desempenho de corredores de 100 e 400 metros no Rio Grande do Norte

Objective: The aim of the study was to investigate physical characteristics and to examine association between somatotype and performance in collegiate runners of 100 m and 400 m. Methods: The sample, male runners (n=39) competing at the regional level in the state of Rio Grande do Norte, Brazil, had height, body mass, skinfolds, limb circumference and skeletal breadths measured. Then, the somatotype was calculated by Health-Carter method. Races (100 m and 400 m) were held to assess athletic performance. Descriptive statistics were calculated for the total sample, as well as for the 100 m and 400 m groups, and established four subgroups, named quartiles. For analysis between groups of runners (100 m x 400 m) was used Student's t test for independent samples. To examine the relationship between the race times and anthropometric variables, was used the Pearson correlation test. The somatotype dispersion distance and somatotype spatial distance were calculated among subgroups. One-way analysis of variance, the Wilcoxon test followed of Tukey post test, and correlation analysis were used with a significance level of p<0.05. Results: Somatotype with mesomorphy and ectomorphy dominance was exhibited by 100 m and 400 m athletes. Endomorphy was low in both groups, especially in 400m runners, who had more elongated body types than 100 m runners. When separately compared by athletic performance quartile, 100 m sprinters of better qualifications (G100-G1) had somatotype with dominant mesomorphy, whereas 400 m runners had somatotype with dominant ectomorphy. A significant correlation (r = -0.55, p=0.008) between calf circumference and 100 m race times was observed showing the importance of muscularity, whereas a significant correlation was found between height and 400 m race times (r = -0.53, p=0.02) showing the importance of linearity. Conclusion: Runners of 100 and 400 may show differences in physical characteristics, depending on the level of athletic performance. Anthropometric periodic evaluations may help in the training process of these athletes. However, more specific assessment parameters should be taken into account, because somatotype by itself has not power to predict whether an individual will succeed in racing speed

Relações de poder, fragmentação e gestão do território no semi-árido nordestinho: um outro olhar sobre o Cariri paraibano

This study aims to analize the Cariri Paraibano territory, as a product of relations of power that were being established along its historic process of territory formation. In this process, the fragmentation and the territory management are fundamental elements to socioterritorial reality comprehension. The theoretical-conceptual basis is based on notions of territory, region, power and territory management, which are articulated to the opinions and empiric confirmations origined from interviews made with several social actions. They also were made photographical records and researches on books, newspapers and magazines, as well on other information sources related to the object of studying. Obtained data confirm the pressuposement on which the relations of dominations and the used methods by the power s owners in the region created a little fruitful political practice and little adequate to the process of active participation of the local population on the territory management, even being on disagreement with the new political-institutional mechanisms, which take to political-administrative more democratic and participative in the country

A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

Novas fronteiras petrolíferas no Brasil : uma análise da necessidade de nova regulamentação da área do pré-sal sob a ótica constitucional

The Oil industry in Brazil has gone through several stages during the economical, political and social historical process. However, the significative changes have happened in the last fifteen years, due to market opening arising from the relaxation of the state monopoly over the Oil deposits and its derivatives. The edition of the Constitutional Amendment #9, changing the first paragraph of the 177th item of the Federal Constitution, marked the end of a stiffness about the monopoly that the Brazilian state kept in relation to the exploration and research of Oil and Gas. The economical order was fundamental to actualize the idea contained in the #9 Amendment, since its contents has the power to set up measures to be adopted by public power in order to organize the economical relations from a social viewpoint. The new brazilian Oil scenery, called pre-salt, presents itself in a way to amaze the economical markets, in addition to creating a new perspective to the social sector. This work will identify, in this new scenario, the need for change in the legal system. Nevertheless, this subject must not be treated in a thoughtless way: being an exhaustible good, we shall not forget that the future generations also must benefit from the exploration of natural resources recently discovered. The settlement of a new regulatory mark, including the change in the concession contract model to production and sharing is one of the suggested solutions as a bill in the National Congress, in an attempt to ensure the sovereignty of the nation. The constitutionality of a new regulatory mark is questioned, starting from an analysis of the state monopoly, grounding the comprehnsions in the brazilian constitutions, the relevance of the creation of Petrobras for self-assertion of the state about the monopoly of Oil and derivatives, and its posture after the Constitutional Amendment nº 9 (1995), when a company stops having control of the state monopoly, beginning to compete in a fairly way with other companies. The market opening and private initiative are emphasized from the viewpoint of the Constitutional Principles of the Economical and Social Order. The relaxation of the monopoly regarding the exploratory activity in the Federal Constitution doesn't deprive from the Union the ownerships of underground goods, enabling to this federal entity to contract, directly or by concession of exploration of goods, to state-owned or private companies. The existing oil in the pre-salt layer transforms the scenario from very high risk to low risk, which gives the Union the possibility of defining another way of exploring this resources in the best interests of the Public Administration

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional

Tornar-se, ser e viver do professorado: entre regularidades e variações identitárias

The main aim of this research has been to analyze the identity patterns of the teacher s staff of fundamental education public schools in the Metropolitan Area of Natal-RN. It sets out from the hypothesis that being a teacher within this context grows out of the regularities of a specific habitus, which, according to Bourdieu, develops into mental schemes of thought and action within a specific social group. This habitus forms the basis on which is built the social representation of being a teacher prevailing in the group, as well as the symbolic differences that typify its identity variations. Three data sources have been fundamental in building up this thesis: (a) formative essays of students graduating from a Higher Teacher s Formation Course, as well as observing some of the public defense of these essays during field work; (b) a questionnaire aimed at classifying economically, socially, and culturally a sample of public teachers of the Natal-RN county; and (c) submitting a sub-sample of this group to the process of Multiple Classification Procedures (MCP). The analysis of data was done according to the multidimensional, non-parametric statistical procedures of both the Category Content Analysis and Enunciation Analysis methods. The results of the analysis took into account an ample set of variables, its associations and implications, the cultural and social profile of the population under scrutiny, their life styles, as well as the strategies they developed in the process of becoming a teacher, and the social representation of being a teacher . We came to the conclusion that the social identity of the teachers corps, or as we prefer to say it being a teacher , is a result of a set of regularities produced by the habitus that gives social shape and meaning to the existence of the group proper. We note the existence of identity variations caused by the variables (a) educational level; and (b) mode of action in fundamental education (if these are the first or last grades where the subjects operate). However, these variations will not break the power of the regularities that give shape, meaning, and social visibility to the group. The social representation of being a teacher points to the tensions, ambiguities, and trends inherent to common sense, as well as to a strong tendency to reassign a new meaning to being a teacher. Our thesis, therefore, is that the identity configuration of the teachers corps under scrutiny is characterized by an integrative synthesis, by-product of a habitus that is superimposed, and at the same time co-exists with different identity variations

Fazer a ponte para a escola de todos(as)

The purpose of this study is to understand what are the matrix elements in which everyday activities of social author/authors, actor/actors and actress/actresses are embedded, in order to carry out the Escola da Ponte s political and pedagogic process (PPP). Thus, the object of this study is to reflect on an experience developed in a public school supported by the Portuguese State within the scenario of institutions that are committed to building up a school of the people by investing in democratization and community participation in their management process. The methodological course of action was targeted at the presuppositions of qualitative research (WOODS, 1999; BURGESS, 1997; MILLS, 1982; OLIVEIRA, 1998; BOGDAN and BIKLEN, 1994; MACEDO, 2000; CASAL, 1996; GEERTZ, 2000), with data collected from random word association (MACHADO and CARVALHO, 2003), the discourse of the interviewed (KAUFMANN, 1996; SILVA, 2006; 2002), observation notes and documents (ELIAS, 1997). Based on a multiple reference and theoretical framework, the investigation revealed elements that are construed as the raw material and pillars supporting the bridge of a school of the people, as well as the self-organization of the school community which emerges as a dimension that binds together all the elements and brings new arrangements into the school dynamics by moving from the individual to the society (DUPUY, 1990). Along this line, the central argument is that in the short and long run the public school quality does not spring from macro educational policies, nor from ephemeral mass-production programs, projects or governmental policies, but from the intent of the professionals working there in becoming authors and characters in the process of building up and carrying out the PPP. The Project has been conceived in the light of the needs and intentionality of the community whose support comes from the participation and social control held by the students families and the community s power to force to action public administration central agencies aiming at having the State fulfill its responsibilities

Análise da sensibilidade do biodiesel B5 em frotas de transporte coletivo com motorização diesel

The aim of this study was investigate the consolidation of the biodiesel fuel used in (a) engines of urban and intercity bus companies, (b) a stationary engine. It was necessary to investigate and analyze, technologically, if the biodiesel fuels were presenting troubleshooting relative to wear of parts lied to fuel and to evaluate the consumption fluctuations of this fuel. The urban and intercity bus companies, localized in Natal, Rio Grande do Norte state, Brazil, had 41 and 12 vehicles, respectively. It were analyzed datasheet of each one vehicle during three years, since 2008 until 2010 and were interviewed the management of the maintenance team of bus companies relative to aspects concerning the substitution of the diesel fuel by the B5 biodiesel. The second aim of this study was visually inspect the wear of the parts directly lied to combustion process. For this reason, it was investigated a stationary engine, manufactured by Branco BD5, 5 HP of power, fueled by (a) diesel, (b) biodiesel B5, (c) biodiesel B20 and (d) diesel or biodiesel, both contaminated by distilled water. In this engine, its power utilizing biodiesel B5 versus diesel was lower about 5.2% and, in the investigated case of B20 versus diesel, it was lower around 11.5%

Desenho e Construção de um protótipo gerador de jato de plasma frio a pressão atmosférica para aplicações biomédicas

Research for better performance materials in biomedical applications are constants. Thus recent studies aimed at the development of new techniques for modification of surfaces. The low pressure plasma has been highlighted for its versatility and for being environmentally friendly, achieving good results in the modification of physic chemical properties of materials. However, it is requires an expensive vacuum system and cannot able to generate superficial changes in specific regions. Furthermore, it is limits their use in polymeric materials and sensitive terms due to high process temperatures. Therefore, new techniques capable of generating cold plasma at atmospheric pressure (APPJ) were created. In order to perform surface treatments on biomaterials in specific regions was built a prototype capable of generating a cold plasma jet. The prototype plasma generator consists of a high voltage source, a support arm, sample port and a nozzle through which the ionized argon. The device was formed to a dielectric tube and two electrodes. This work was varied some parameters such as position between electrodes, voltage and electrical frequency to verify the behavior of glow discharges. The disc of titanium was polished and there was a surface modification. The power consumed, length, intensity and surface modifications of titanium were analyzed. The energy consumed during the discharges was observed by the Lissajous figure method. To check the length of the jets was realized with Image Pro Plus software. The modifications of the titanium surfaces were observed by optical microscopy (OM ) and atomic force microscopy (AFM ). The study showed that variations of the parameters such as voltage, frequency and geometric position between the electrodes influence the formation of the plasma jet. It was concluded that the plasma jet near room temperature and atmospheric pressure was able to cause modifications in titanium surface

Modelos de realizações discursivas nos benditos populares e nas novenas

With the purpose of contribute to the understanding of oral texts constituent processes, we seek, with this work, verify how formulaicity processes in the benditos and novenas , religious intangible heritage, are established. For this, we made an overview on the performance of repetitions which are established in the corpus collected for the study, considering the presence of Discourse Traditions in the analyzed texts. It is noteworthy that the corpus consists of benditos and novenas collected in the municipality of Lajes, Rio Grande do Norte. This material is part of the differential corpus of the Project for the History of Brazilian Portuguese (PHPB-RN). Regarding the theoretical framework used to guide the research, we based our analysis on Discourse Traditions (DTs) theoretical assumptions, with the ideas defended by Johannes Kabatek, besides taking into consideration the assumptions of Paul Zumthor about orality in popular religious texts, among other authors cited throughout the work. In the context of popular cultures, the existence of oral texts serves to various interactive objects and this is not different in popular benditos and novenas (cf. Sá Júnior, 2009). In this sense, focusing the gaze through Discourse Traditions (DTs), we can verify that the texts/discourses present discursive regularities or textual forms already produced by society, in earlier times, which remain or are modified throughout its existence, as shows Johannes Kabatek (2001, 2003, 2005 and 2006). Also in this sense, Paul Zumthor (1993) presents us the idea that talk about using "word" in memory, in its real sense, implies admitting it as something which has an immeasurable power, which is able to decide directions in world, and from that is established the "wealth of oral traditions"