Efetivação da garantia de defesa no estado constitucional de direito: colisão entre o poder punitivo e garantia de defesa

The domination of the violence for the Rule of law awakened a tension between the practice of the punitive power and the right to counsel. However, throughout the recent history of the Criminal law, this shock of forces has been determined for the punitive power. In this perspective, the present work intends to submit the guarantee of defense to a critical judgment, in search to conciliate its content to the Constitutional State of Right. For in such a way, it will be necessary to recognize the disequilibrium of the situation, but without considering the superiority of any of these elements. The State in such a way must fulfill the function to punish the culprits as to acquit the innocents. Despite the law is far from obtaining a harmonious speech, it is necessary that the defense guarantee coexists the punitive power as part of an only public interest, which is, to make criminal justice. In such a way, the existence of a sustainable balance between the punitive power and the guarantee of defense depend on the minimum interference of Criminal law and, also, of the judicial position in the concrete case. The present work faces, therefore, the moment of crisis of the Criminal law, consolidated with the advent of a new way of thinking according to the procedural guarantees, that will demand the overcoming of the old concepts. The Constitutional State of Right not only constitutes an efectiveness of the regime of the right to counsel, but in a similar way it searchs to accomplish the right of action and criminal justice as a whole. Knowing that the philosophy of the language raises doubts on the certainty, the truth and the judgement, it is imposed to understand that the defense guarantee is no more about a simple idea, but, in the crooked ways of the communication, we intend to find what the judge s function is when he faces this new reality

A medida cautelar na ação direta de inconstitucionalidade: uma abordagem pela perspectiva do princípio do acesso à justiça

The present study deals with the caution measure in the direct action of inconstitutionality. The treatment given to the approach is through the principle of access to justice. For this, a construction of the juridical content in the principle of access to justice is proposed, without losing the focus of its characteristic as a metajuridical principle, which is presented in the constitutional field as a fundamental right, generator of a new universality, destined to guarantee the prevalence of an adequate juridical tutelage. Some challenges of the concretizing hermeutics are still shown to give way to principle of access to justice, dealing with certain limitations and proposals. The direct action of inconstitutionality in face of the dissertation, begins to focus on the presentation of the tutelage of urgency, differentiating it from the other brief tutelage and elevating it to the condition of instrument which is indispensable to the principle of access to justice. In the most specific field of the abstract control of constitutionality, the characteristics of the objective process are defined, their sources, amongst which the regimental norms of the Federal Supreme Court and their role in the new constitutional reality. Finally, the caution measure in the direct action of inconstitutionality is presented by the perspective of principle of access to justice, identifying some points: the interpretations of the principle of the natural judge to adapt him to the aspect of continuous and temporarily adequate juridical account, especially when concerned to emergency; the analysis of facts in the direct action; the bonding objective effects and the erga omnes; the effect over the factual and normative plan; the effect of the caution measure over other processes and over the prescriptional course; the polemic of the possibility of caution measure in direct action of inconstitutionality through omission

Direito fundamental ao tempo razoável do processo judicial: limites e possibilidades de concretização no ordenamento jurídico pátrio

This dissertation aims to address the limits and possibilities of realizing the fundamental right to reasonable time of the Brazilian legal system process. From this perspective, we analyze a reasonable time concept for the process, consistent with the civil homeland process; the relationship between efficiency, effectiveness, legal security and reasonable time of adjudication; a formal recognition of the fundamental right to reasonable time of the procedure in the Constitution of 1988; and the immediate applicability of this fundamental right. As indicated, the crisis of the Judiciary and procedural delay are problems directly related to the limits and possibilities of realization of the fundamental right under study. Moreover, we also present some mechanisms that can be used to overcome these problems. The subject was developed based on constitutional interpretation of fundamental rights, an approach that will always have this concern to be based on a methodology which includes the normative and empirical-dogmatic fields, realizing the fundamental right to reasonable time of the process. We adopted as methodological approach the study of this issue in judicial aspect, more specifically in the field of civil procedure. Finally, we weave through a critical and analytical view, our conclusions, which demonstrate the possibilities of overcoming the limits imposed to immediate implementation of the fundamental right to reasonable time of the process in our legal system

Devido processo penal: uma análise acerca dos direitos fundamentais sob a perspectiva do processo eletrônico

The current study presents an analysis about the automation of the lawsuits in Brazil, which opens a new direction to be followed by the National Secretary of Justice, applied indistinctively to the civil, criminal and labor lawsuits, as well as to the special court houses at any degree of juridisdiction. It treats, specifically, about the transition from the classic lawsuit with bureaucratic aspects to the electronic one, based on the simplicity of the functions, the quality of the oral and the readiness. The light of the constitutional principle of the reasonable duration of the lawsuit, while fundamental rigth of the defendant and, under de protection of the democratic guarantee, it investigates, from the theory of the fundamental rights to the reform movement of the lawsiut, in the scenery of the alien law and national law, the latter, mostly because it has the automation as a necessary improvement claimed by modernity, yet without forgetting of the humane character inherent to the criminal lawsuit. It faces the issue of of the disruption of the paradigm of the written formality of the Brazilian lawsuit, the problem of the resistance to the new automized method, the use of the video conference for the inquest of the witnesses as well as for the questioning of the defendant, the advancements of the virtual lawsuit on the Superior Courts, Federal Supreme Court and Superior Court of Justice, it treats also about the role of the National Council of Justice - CNJ - to uniformize the legal proceedings in the country. Without neglecting the effective respect to the fundamental rights, it focuses the cultural change necessary so that the electronic technology can be, in fact, in the indictment system, the means to reach with excellency the citizenship by the simplification of the legal proceedings, transposing the baseless bureaucracy and assuring an effective judicial service assistance in order to have a better quality of life

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

Apelação no código de processo civil: uma análise sob o prisma do princípio da efetividade

The present dissertation, elaborated is based on the deductive method, through the use of the General Theory of Resources concepts, by the main types of judgments existing in the Code of Civil Procedure, the interlocutory judgment and sentence, as well as the features and effects that challenge these decisions, we sought to identify on this theme one of the greatest evils facing the justice system in the world, which is the processing delays. This slowness in adjudication affects seriously the principle of effectiveness, one of the postulates of procedural law and society as a whole. Thus, the use of tort serves to fight the interlocutory decision and appeal which challenges the judge`s ruling. It is a resource for excellence in appellate system as it meets with the most awaited decision of the process. In weighing the importance of the appeal that seeks to oppose the court decision today by the numerous reforms that the procedural system has been through, it has ended up to transform the process ineffective or inconsistent, for it is much easier to have efficacy in a interlocutory decision for preliminary injunction than by judgment on the merits of the judge. This is due to the prevision of the resources and their effect to those decisions. That is, the interlocutory decision involves interlocutory appeal only in the devolved effect, allowing its provisional execution, and the sentence has as recourse to appeal the double effect, remanding and suspension, which necessarily prevents its provisional execution. But it undeniably shows a paradox, because as to give effect to a measure that is based on a mere probability by a summary cognition, partial and superficial, and stop it on a decision by a court that is closer to the truth and sure, for a full and depleting cognition? It is seriously affect the principle of effectiveness. Therefore, starting from this ineffectiveness, sought to defend the solution of this problem with the approval of the bill n. º 3.605/2004 or the new Code of Civil Procedure project that modifies the general rule the effects of appeal. That is, remanding and suspensive, as to merely remanding effect to and thereby enable the provisional execution of the judgment of the court of the first degree of jurisdiction, giving effectiveness and enhancing the decision of the magistrate, making a fair distribution of time in the process and better guaranteed principle of access to justice

As bibliotecas escolares digitais constituídas através de uma rede de conhecimento digital

BEZERRA, Gesiane Ferreira; CÂMARA, Rafael Silva da; SANTOS, Valdete Honorato dos et al. As bibliotecas escolares digitais contituídas através de uma rede de conhecimento digital. In: SEMINÁRIO DE PESQUISA DO CENTRO DE CIENCIAS SOCIAIS APLICADAS, 16, 2010. Natal. Anais eletrônicos... Natal: SEMINÁRIO CCSA, 2010. Trabalho oral. Disponível em:. Acesso em: 25 nov. 2011.

As bibliotecas escolares digitais constituídas através de uma rede de conhecimento digital

BEZERRA, Gesiane Ferreira; CÂMARA, Rafael Silva da; SANTOS, Valdete Honorato dos et al. As bibliotecas escolares digitais contituídas através de uma rede de conhecimento digital. In: SEMINÁRIO DE PESQUISA DO CENTRO DE CIENCIAS SOCIAIS APLICADAS, 16, 2010. Natal. Anais eletrônicos... Natal: SEMINÁRIO CCSA, 2010. Trabalho oral. Disponível em:. Acesso em: 25 nov. 2011.

Information literacy: uma análise nas bibliotecas escolares da rede privada em Natal / RN

GUEDES, Clediane de Araújo; FARIAS, Gabriela Belmont de. Information literacy: uma análise nas bibliotecas escolares da rede privada em Natal / RN. Revista Digital de Biblioteconomia e Ciência da Informação, Campinas, v. 4, n. 2, p. 110-133, jan./jun. 2007

Marcas dermatoglíficas, Antropometria e as qualidades físicas básicas dos escolares da rede municipal da cidade de Manaus

The objective of this study of comparative descriptive character went aimed at to analyze the characteristics dermatoglyphics, anthropometrics and the basic physical qualities, in 180 selected scholars in a stratified way, distributed like this: 10 year-old boys = 32; 09 years = 32; 08 years = 32; 10 year-old girls = 28; 09 years = 28; 08 years = 28), studying the fundamental teaching of the School Good Municipal Hope, located in the area east, in the Neighborhood of the Crowned, in the city of Manaus, Amazon. For identification of the dermatoglyphics characteristics collected, was the fingerprints; for evaluation of the corporal mass, height and IMC, they were used a digital scale with an estadiometer of the mark Filizola. The tests: to sit down and to reach flexibility); Horizontal Impulse or I jump in distance stopped (force of inferior members); Flex and extension of the trunk (it Forces abdominal); Flexion and extension of the arms in suspension in the bar (Force of superior members); 30 meters (Speed) and 9 minutes (Resistance applied aerobic) was to evaluate the basic physical qualities. The results demonstrated that differences didn't exist among the goods, in most of the studied variables, and the existent differences among the ages of 8, 9 and 10 years, they demonstrate a normality tendency in the infantile development

Inclusão digital: a inserção das tecnologias informacionais nas escolas públicas da RMNatal

This study aims to determine the influence of Digital Inclusion in school performance of students from public high school in the metropolitan area of Natal, through the use of computers in a pedagogical and Internet use.Throughout the paper we try to answer the question: The pedagogical use of computers connected to the Internet contributes to improving the academic performance of students in public schools in the RMNatal? To answer the research question, we focus on the database INEP on the infrastructure of schools and the bank rates of school performance. For both technical procedures performed to obtain the relationship between Internet and School Performance. Then the School Settings have been configured for Digital Inclusion and made crosses with the approval rates, distortion and failure. The survey results indicate that according to the classification established in: Included in School Settings, School Settings deficit, Adverse Environments School and School Settings Deleted, which has prevailed in the metropolitan area of Natal are the schools that are provided outside.

Rede Água: instrumento de construção colaborativa e democratização do conhecimento, direcionado as cadeias produtivas da pesca e da aqüicultura Proposta de metodologia

This paper proposes a methodology for building Information Technology solutions in the form of virtual environments that allow for collaborative construction and democratization of knowledge for and about supply chains, providing tools for collaboration iteration and the social actors involved, valuing its environmental variables and assisting in its development. The scope of supply chains of aquaculture and fisheries and www.redeagua.com.br were the objects of research and prototyping of this paper. AVA Moodle was chosen to create the environment in question by their full fitness the socio-cultural characteristics of the target audience and the structure of existing digital inclusion, making necessary the development of strategies to generate interest from productive agents in their effective participation as collaborators and not just as recipients of content. The structure of this survey work will be qualitative-quantitative, using both traditional elements such as forms and interviews as sources typical of virtual environments, such as statistical reports of visitation and placement in search engines on the Internet

Classificação de distúrbios na rede elétrica usando redes neurais e wavelets

Post dispatch analysis of signals obtained from digital disturbances registers provide important information to identify and classify disturbances in systems, looking for a more efficient management of the supply. In order to enhance the task of identifying and classifying the disturbances - providing an automatic assessment - techniques of digital signal processing can be helpful. The Wavelet Transform has become a very efficient tool for the analysis of voltage or current signals, obtained immediately after disturbance s occurrences in the network. This work presents a methodology based on the Discrete Wavelet Transform to implement this process. It uses a comparison between distribution curves of signals energy, with and without disturbance. This is done for different resolution levels of its decomposition in order to obtain descriptors that permit its classification, using artificial neural networks

Uma fonte chaveada de 50kW com correção de fator de potência para alimentação de uma tocha de plasma Indutiva utilizando técnicas de controle digital

This work deals with the development of an experimental study on a power supply of high frequency that provides the toch plasmica to be implemented in PLASPETRO project, which consists of two static converters developed by using Insulated Gate Bipolar Transistor (IGBT). The drivers used to control these keys are triggered by Digital Signal Processor (DSP) through optical fibers to reduce problems with electromagnetic interference (EMI). The first stage consists of a pre-regulator in the form of an AC to DC converter with three-phase boost power factor correction which is the main theme of this work, while the second is the source of high frequency itself. A series-resonant inverter consists of four (4) cell inverters operating in a frequency around 115 kHz each one in soft switching mode, alternating itself to supply the load (plasma torch) an alternating current with a frequency of 450 kHz. The first stage has the function of providing the series-resonant inverter a DC voltage, with the value controlled from the power supply provided by the electrical system of the utility, and correct the power factor of the system as a whole. This level of DC bus voltage at the output of the first stage will be used to control the power transferred by the inverter to the load, and it may vary from 550 VDC to a maximum of 800 VDC. To control the voltage level of DC bus driver used a proportional integral (PI) controller and to achieve the unity power factor it was used two other proportional integral currents controllers. Computational simulations were performed to assist in sizing and forecasting performance. All the control and communications needed to stage supervisory were implemented on a DSP

Utilizando a televisão digital como um meio de comunicação para ambientes interativos reais

This Dissertation aims to provide a communication mechanism between Digital TV viewers and interaction devices, such as robots, for example, placed on the environment from which a TV program is being live broadcasted. Such communication mechanism has the objective to allow viewers controll the Interaction Devices through their TV devices, using the broadcast channel present in Interactive Digital TV systems, and receive data from the devices by the broadcast channel. This system was projected as a middlewaer system where the Interaction Devices in the TV program set are interconnected, creating a Interactive Device Network. With this approach, the system is capable of manage the devices on the network, controlling the flow of coming and leaving elements, in a transparent way for the viewers. The system yet allows the Interaction Devices communicate each other, with a integrated communication channel with no worries about the physical communication layer