Proteção da relação de emprego sob o prisma da dignidade da pessoa humana

This work aims to show that the protection of the employment relation is one of the determining factors to respect the principle of the human dignity. The goal is initially to show the devaluation of work from antiquity to the early twentieth century, when the constitutions began to standardize protective devices. This way, the consecration of the social labor rights in the Constitution of 1988 represents the culmination of the historical achievements. This work demonstrates that such rights can not be reduced or suppressed by political conveniences, once these rights are included in the list of immutable clauses. It is displayed that to achieve the fundamental right to work is not well advised to encourage the creation of jobs that maculates the worker s dignity. The outsourced work is, therefore, a classic example of the advancement of precarious forms of contemporary labor. It is inferred that the presence of various forms of harassment results in a degradation of working environment, bringing about dire consequences on professional and personal life of the worker. Thus, decent work must be the appropriate benchmark for the creation of new jobs. It is also shown that the flexibilization of the propaganda rights by certain pressure groups has as main goal to reduce or eliminate rights, based on fallacious data depicting an increase of competitiveness and jobs. In addition, the flexibility implies a growth of the precarization of the work - a reality felt by many workers subjected to such a situation due to the unemployment phenomenon whose origin is not in the protectionism of the norms. It is necessary to expand and structure the constitutionally legitimate institutions to monitor and curb the precarized work, as well as all practices that go against the dignity of the worker. It is also shown the loss of power of the sindicates in the last few years as a consequence of the pulverization workes and the capital attacks through the productive restructure whose outsourcings and privatizations are notorious examples

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

Atores sociais e política ambiental urbana do Município de Mossoró/RN pelo prisma das cartografias sociais analíticas

It starts with the understanding that the relationship between society / nature is largely problematic in a context of socio-environmental crisis. In this context, we use the principle of hope to plan and work out new ways of understanding social reality, the relationship between science and alternative knowledge. The research is to investigate how the actors influence the social construction of urban environmental policy of the city of Mossoró / RN with reference to the processes of implementing the Master Plan and Agenda 21 of the municipality. The hypothesis of this research is that the Environmental Policy in Mossley has a normative character that is expressed primarily in the creation of an institutional political framework to manage environmental issues involving so incidental and or functional society participation mossoroense. Thus questioned who are the actors that build environmental policy Mossoró / RN. The specific objectives of this research are: Identify the environmental dimension of the Master Plan Agenda 21 articulated Mossoró / RN mapping information from the managers, engineers and members of the Municipal Environment and Municipal Council of Cities on the operation of urban environmental policy mossoroense and how it is performed by the Manager of Environmental Management in conjunction with the Department of Environment and Territorial Development (SEDETMA) and Executive Management of Urban Development. As a methodology, we used the method of the sociology of absences and emergencies in conjunction with the ecology of knowledge and productivity. It is a qualitative research and documentary, which was used as the Master Plan documents Mossoró / RN, minutes of meetings of boards and complementarity were carried out 12 semi-structured interviews with managers and directors of the Urban Environmental Policy of the Municipality of Mossoró / RN. They used also the social analytical or thematic maps for the translation of the dialogue among social partners, managers and directors who make the Environmental Policy Council. We conclude that these dialogues and experiences point to the construction of an environmental policy more participatory and effective, committed to individual and collective transformation of society mossoroense

Responsabilidade social empresarial: uma avaliação do Projeto Escola de Informática e Cidadania da Mineradora Y situada no Estado do Pará

The subject Responsibility Enterprise Social (RSE) is relatively recent in the half national academic and the world of the management businesses as practical. For the lack of socialization of experiences and clarity of concepts, shunting lines in the agreement of the subject and the conduction of the interventions occur. It was looked to inquire, in this research, the development of the project of Social Responsibility Enterprise ―School of Computer science and Citizenship‖ of a situated company in the State of Pará, objectifying to evaluate it and later to understand it. For this, one searched to describe the characteristics and structure of the School, to identify to the lines and lines of direction adopted for this Project and to identify to the influence and results of the same in the life of pupils, professors and egresses of the School. It is characterized for a study of case with qualitative boarding of descriptive character, carried through interviews structuralized in a sample of 21 divided members of the School between professors, pupils and egresses. It was used of the analysis of categorical content, having as axle for the interpretation of the data the Social Responsibility, the Digital Inclusion and the Education. The gotten results inform that the infrastructure has challenges to face, point disparities between the conception and practical of the categories characterized in the Politician-Pedagogical Project of the EIC and the influence that, exactly under limits, the life of the professors, pupils reaches and egress. One evidenced that Social action for damages of this company when come back toward this project, they had not been evidenced. For this prism, these actions had only remained in the assistencialist speech and not structural, being thus, the company is not fulfilling its paper of transforming element of the reality of its clientele and the population that lives in it s around

O controle social do judiciário: a experiência do Observatório da Justiça e Cidadania no Estado do Rio Grande do Norte

This dissertation deals with the possibility of build an effective social control of the judiciary Brazilians. The theme was bounded by a cut geographic and secular: the experience of the Center of Justice and Citizenship in the state of Rio Grande do Norte (OJC/RN), which begins formally in august 2003. The research approach and leave of experience in judicial practice and policy specific substrates to theorize about the subject. We collected documents about cases, the judicial diagnoses, reports, news material, in addition to lifting bibliographic. Therefore, it is working with about notions of a democratic state of right in the light of the Brazilian Constitution of 1988, in order to contextualize the insertion of the judicial system, by the prospect of legitimacy, which is considered by a look formal and material. It is a brief analysis of the system of official control of the judiciary (internal and external), is emphasizing its shortcomings functional and its corporate character, which suffers from poor conformation democratic. Then there is a discussion about the need to establish the social control of the judiciary, through the prism of relations of power that are locked in the judiciary, the lack of formal criteria for the guarantee of obtaining the correct judgment (laws, precedents and conscience of the judge), the problems of impunity and justice class, and from the examination of some cases, as the body of search. From this conjuncture, prepares to be an outline of shapes and the limits of social control, consonant the proposal erected in certain sectors of organized civil society, represented by the movement s social OJC. In the end, considerations are made on the legitimacy and constitutionality of OJC

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

Acesso à justiça enquanto direito fundamental: efetivação pela defensoria pública

The Federal Constitution of 1988 is recognized for its enlargement in the face of large amount of provisions that make it up, among which many are fundamental rights. The fundamental rules set up the foundation of a democratic state, however, are the necessary legal mechanisms to be effective, its exercise is not enough merely to state them, but to offer ways for them to stop being just written standard on paper, and come to be viewed and exercised day-to-day. In this sense, access to justice presents itself in our times, as a cornerstone for a just society dictates. In this light, access to justice can be seen as the most fundamental of rights, which translates as instruments able to safeguard the fundamental rights not only against the action/omission violating the state but also the very particular. Furthermore, access to justice within the legal country, is not right for everyone, despite the willingness of the Citizen Charter in its article 5, paragraph LXXIV, ensuring that the State shall provide full and free legal assistance to those in need. More than half of the population lives in poverty and can´t afford to pay legal fees or court costs as well as a bump in their own ignorance of their rights. The judiciary, in their primary function, is in charge of trying to correct the violation of the rights, intending to effect a true distributive justice, serving as a paradigm for the promotion of substantive equality of human beings, however, is difficult and tortuous access Justice for those without financial resources. In this vein, we present the Public Defender, as keeper of the masses in its institutional role, defending a disadvantage, in the words, as a mechanism for effective access to justice, ensuring therefore fundamental rights. Public Defenders arise at the time or much discussion highlights the priority of actual access to justice, custody, therefore, intimate bond with the pursuit of fundamental rights, in which, that advance the broad range of rights, without whom could defend them or guardianship them

A Dimensão objetiva dos direitos fundamentais: conceito e sistematização

This paper is about the objective dimension of fundamental rights, aiming to present a concept well-designed for this dimension, and establish a systematic teaching of the subject, presenting the developments of this dimension of fundamental rights. The objective dimension of fundamental rights arises related to the idea of linking the state of fundamental rights, transforming these rights as the foundation and purpose of the state. It is distinguished from that perspective of the subjective dimension of fundamental rights, which includes the fundamental rights in an individual-state relationship. Under the subjective prism, rights are seen as limits required by the individual, the state intervention in the lives of individuals. A new dimension goes beyond the perspective of the rights of the individual as a mere resistance in the face of the state, assigning those rights also an active mission, which generates a series of legal repercussions. These developments or "effectiveness" the objective dimension are studied. The first consists of Binding Effectiveness, and demonstrated a new respect for fundamental rights within the state structure, which creates concepts such as "linkage of state functions fundamental rights" and "state s duty to protect". There is also the Radiant Effectiveness in which are examined topics such as the "constitutionalization of Law" and the "application of fundamental rights to particular relationships". Studies are still Procedure Effectiveness, in the case of "objectification of the mechanisms of protection of fundamental rights" and "opening of the processes of state protection of fundamental rights to public participation"

Fiscalização difusa da constitucionalidade e o incidente de argüição de inconstitucionalidade

The present work consists of studying to diffuse control of constitutionality in Brazil, with emphasis in a procedural alternative to the evolution of that model: the incident to challenge of unconstitutionality. Starting from the discussion about the new role of constitutional jurisdiction in peripheral countries and in the globalized society, without forgetting to face inevitable doubts about its legitimacy before other powers of the State, the Brazilian control of constitutionality is revealed, under a diffuse, non-dichotomical view, through a number of inconsistencies and misunderstandings, that compromise social peace, the credibility of democratic institutions and the supremacy of juridical security. In order to achieve the goal, the study in course discussed the main difficulties of the Brazilian mixed model of constitutionality control, as well as, directing its view to the incident of challenge of unconstitutionality, which the most adequate forms to assure its appropriateness, legitimacy, processing and decisory effects are. Is was essential, in this point of view, to establish the difference between the incident of challenge of unconstitutionality conceived in article of the Brazilian Federal Constitution and the incident of challenge of unconstitutionality such as it is known in the European models. The insertion of the incident of challenge of unconstitutionality based on European models in the Brazilian control system, without jeopardizing the North-American essence the Brazilian constitutional history presents since 1981, is the hypothesis that is presented as an improvement of constitutional protection

A contribuição de Diké na formação do Emílio ou o papel da jurisdição constitucional na concretização do direito social à educação

The fundamental social right to education has a lengthy constitutional argument, having been declared as a right to everyone in the Title dedicated to the fundamental rights and warrants and, later, scrutinized in the Social Order Chapter exclusively devoted to this theme, where specific rights are guaranteed and fundamental duties are imposed to family, society, and state. In that which concerns education, the 1988 Constitution is the result of a historical-normative process which, since the days of the Lusitanian Empire wavering between distinct levels of protection warrants in some way the educational process. Nevertheless, not even the State s oldest commitment to education has been fully achieved, namely, the annihilation of illiteracy. Even as other fundamental social rights, education is inflicted with the lack of effective political will to reach its fulfillment, and this is reflected in the production of doctrine and jurisprudence which reduce the efficacy of these rights. The objective of this work is to analyze what part is to be played by the constitutional jurisdiction in the reversal of this picture in regards to the fulfillment of the fundamental social right to education. Therefore it is indispensable to present a proper conception of constitutional jurisdiction its objectives, boundaries and procedures and that of the social rights in the Brazilian context so as to establish its relationship from the prism of the right to education. The main existing obstacles to the effective action of constitutional jurisdiction on the ground of social rights are identified and then proposals so as to overcome them are presented. The contemplative and constructive importance of education in the shaping of the individual as well as its instrumental relevance to the achievement of the democratic ideal through the means of the shaping of the citizen is taken into account. The historical context which leads to the current Brazilian educational system is analyzed, tracing the normative area and the essential content of the fundamental right to education aiming to delineate parameters for the adequate development of the constitutional jurisdiction in the field. This jurisdiction must be neither larger nor narrower than that which has been determined by the Constitution itself. Its activity has been in turns based on a demagogic rhetoric of those fundamental rights which present a doubtful applicability, or falling short of that which has been established showing an excessive reverence to the constituent powers. It is necessary to establish dogmatic parameters for a good action of this important tool of constitutional democracy, notably in regards to the fundamental social right to education, for the sake of its instrumental role in the achievement of the democratic ideals of liberty and equality

Uma odisséia em busca de Héstia: do turismo à hospitalidade pelos caminhos das representações sociais

This thesis is the result of a piece of research on hospitality social representations between tourism professionals and academics in the city of Natal. The reasearch s corner stone is the point of the view that the notion of hospitality, with all its theoretical and practical implications, is essential to the success of any tourist destination. Is there any relevance in the growing use of the word, almost as a synonym for tourism? How is this notion, first learned in the domestic context and then exercised in the contact with the city and especially with visitors, represented in the learning process for professional practice and in the exercise of professional tourist reception itself? In order to answer this question, initially we chose to study the concept of hospitality in their current academic view, with reference to the French school, which binds hospitality to the maussian perspective of donation, and other scholars of the current theme, with emphasis on the research performed in the program of Master of Hospitality at the Anhembi Morumbi University, whose philosophy imprints in the hospitality concept the same sense we want to give this study. Then we chose to analyze the notion of hospitality, by the Social Representations Theory, in light of Moscovici s methodology, as well as the analysis of the core of this concept among tourism professionals and students. It was found that hospitality is still a very diffuse reference to representations of these two groups and that academic education, if accepted both theoretical and practical implications of this research s starting point, will still have a long way to go. Cities such as Natal, "naturally" hospitable, according to its dwellers, where tourism is relevant to their economies, need (re)thinking and (re)organizing, continuously, their actions towards quality and performance of their professional training especially those concerned with receptive structure

Em nome da república: escolas e tradições modernas

Our research aims to analyze some institutions of primary education in so-called First Republic in Natal/RN, when they were considered high standard institutions on training, dissemination and creation of national identity and republican traditions. Thus, we investigated to try to understand the creation of the new man and the invention of new traditions to confirm the status of republican modernity in two schools in Natal, the Colegio Americano, a private one, and a standard model of school, Augusto Severo, which is a public one. As a basis we have the history of institutions to analyze, paying close attention to consider the use of imitation in cultural patrimony as well as the use of strategies to distinguish. The concept of ownership follows, for present purposes, their focus of study on observation of diverse and contrasting use of these cultural objects, texts, readings and ideas from research institutions. For analysis of the link which occurs within the school environment, in every period of its history, we used the concept of school culture as a set of rules and practices which define knowledge to teach and conduct the introject. A culture that incorporates the school to keep a set with other religious cultures, political and popular of its time and space. In this sense, the educational institutions which we studied while showing what kind of in this work by preparing cultures, codes, different practices, and specific individuals they have, they were in important locations to provide modern cultural appropriation as a strategy for educational innovation and a factor of rationality and efficiency which could be observed and controlled, so gradually the modern school education was organized to produce its own society. As a challenge of affirmation and incorporating diverse social experiences to produce the modern, civilized man of the Republican time, the school, as part of the social life, which is singular in its practices, not only the set of reforms, decrees, laws and projects, but also as expressions of concept about life and society in terms of material, symbolic and cultural symbols in the social context in modernization. We focused on these two schools, because inside the wide cultural and material status of the city, they were the first republic schools which had the goal of having men and woman together culturally , with a view to adapting them to the modern movement to make them civilized / educated / rational . On this view, we would emphasize that this statement needs a reinvention as a new way through what is made at the schools which production of new spaces, practices, rites and what represents school, making and expressing a new identity, modern, different of the old symbols of the Empire. For this, nothing better than the organization of schooling, emphasizing on educating the individual and his/her responsibilities with the order and progress. We need to understand the past as a result of conflicts, including strengths and limitations within the historical and social context, and the invention of tradition as a process of formalization and ritualization of acts which want to perpetuate, as a reference to a group identity. These are practices and social educative representations which support the understanding of pedagogical and educational ideas at this historical moment, making a new way of being and doing in the Republican universe

A pessoa com tuberculose e o cuidado de si

Tuberculosis is a serious disease with high incidence and prevalence, and in many countries a priority public health problem, with persisting high epidemiological significance. Seeing the person with tuberculosis it is important to observe his/her self care, as well as the difficulties intertwined in this process, since it can be directly impacting the health/disease process. The aim of this study was to analyze the self care of people with tuberculosis. Descriptive study with qualitative approach, conducted in West Sanitary District of the city of Natal, RN. Data collection occurred through a semi-structured interview guided by questions concerning sociodemographic and about the disease, treatment, and self care, between the months of July to September 2012 and met the ethical precepts of research with human beings. To analyze the results we used the technique of thematic content analysis of Laurence Bardin, through the prism of the theoretical-philosophical self care discussed by Michel Foucault. From the analysis emerged two categories, the first being, Meaning of tuberculosis, with subcategories: tuberculosis as sadness and unhappiness and tuberculosis as a normal issue, and the second, Beware yourself to tuberculosis, which had subcategories: self care as attention to the health care of oneself as satisfaction of basic needs and difficulties to self care. Tuberculosis represents for some people, something really sad, causing psychological suffering, however the other presents as normal. Self care of persons with tuberculosis in this study are related in great part to seek health care and the satisfaction of basic needs. About the difficulties related to the practice of self-care, it is observed that these are tied to food, time for rest, slowness of health services for scheduling appointments and tests, as well as related habits and dependencies in the lives of these people. This study contributed to a reflection of the users with tuberculosis and self care, revealing aspects that healthcare professionals should pay attention to watch these people, being able to see everyday on the run, the need for a space and time for oneself

A esfera como metáfora: representações do futebol no campo da literatura (leituras do tema no conto de ficção)

Football, understood as a phenomenon of sports practice and nearly universal coverage, can also be seen as a game whose operation circumvents the cultural universe of people who practice it. Much more than just a sport, so this game is a cultural phenomenon par excellence, bearing a communicational and aesthetic dimension whose occurrence has been spotted in various fields of scientific and cultural. Therefore, it is as game and as a phenomenon of culture, we intend to focus on football here as an object of study. Our aim is to investigate the sport in Brazil taking the Literature and Journalism as privileged instances of their representation in the media. Thus, the central idea of this research is to show when and how football has become a recurrent theme in Brazilian literature, starting with its journalistic approach until we get an overview of the aesthetic representation of the game, Literature as the main focus of attention and taking the genre of fiction story as material fact of their representation. With this approach, we intend to develop an overall view, overview of the literature about football in our country and at the same time, particularize this vision in some representative authors of it, like the writer-journalist Mario Filho (the historian, essayist on the modernization of chronic specific theme), José Lins do Rego (writer passionate about the game), Nelson Rodrigues (the esthetician that elevated the sport to the status of art by chronic), Lima Barreto (who along with Antonio de Alcantara Machado pioneered the formalized within the fiction) and the storytellers of the topic itself. In the end, we intend to infer the results of evaluations and reviews of books and authors listed, we have examined a wide sense, but also vertical (and which were focused on a socio-historical perspective and critical-aesthetic) within the assumption that seems be a homology between the way football practice amongst us will historically winning characteristics as to form a Brazilian school of football, and how our writers, journalists will be addressing the topic, which also would focus on creating a "Brazilian way" of telling literary football. The proof of this hypothesis operational work together with the development of historiography and the necessity arising from it, creating a "Guide to Reading football theme in fictional tale of Brazil" shut the focal perspective of this study

Uma análise do termo xenós em O sofista e O político

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