O direito fundamental à igualdade no contexto da identidade sexual no Brasil: um estudo da situação jurídico-constitucional com ênfase no exame da suposta inconstitucionalidade por omissão do legislador civil

This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.

Política pública para o idoso : um estudo da cidadania no grupo cabelos de neve do programa conviver em Campina Grande-PB

The main objective of the study about the citizenship development in elderly attended by the Conviver Program of the City Hall of Campina Grande in Paraiba, Brazil was to evaluate how the actions of the Program contribute for the citizenship practice according to the users. The Citizenship analyzed is the existence of political, civil and social rights according to Marshall. For that it was utilized a descriptive research and a study of case based on technical procedure. The research was settled by the people who are benefited by the Conviver Program of the Snow Hair Group and the sample was formed by the active participants that it is in the Group for over ten years, corresponding to a total of ten elderly. For the data collection was utilized basic questionnaire in function of the low schooling of the interviewed, according to Marshall (2002) theory about the citizenship construction from each person. It was utilized the methodological procedure proposed by Bardin (2006), categorical analysis, in the qualitative data analysis, that was divided in four parts. In relation to Political Rights, noted that the program has stimulated your Watched on the exercise of voting and being voted. On the Civil Rights was observed that the Program has given incentive to actions which provide the users the justice rights in and in occupational activities as a job. In relation to Social Rights it was observed that the Conviver Program has contributed in order that its users can lead their lives according to the standards imposed by the society, which have being failed in the education area. As for the type of citizenship it was verified that the Program has given incentive to the served users, becoming more evidence on the speech basis

Identidade e participação da comunidade rural nos processos de desenvolvimento local:desafios e competências do regulado de Nhambita-Moçambique

This thesis is defined as a reflection on the mechanisms of expression and insertion of the homo situs in the participatory governance in Mozambique. For a better understanding of this social fact, it was settled a periodization which covered the decline of colonialism at the time of the independence, which was proclaimed in June 1975, the civil war that lasted over 16 years and the period of the democratic State, further established. Therefore, we sought to understand the mechanisms and failures of the participation of the homo situs in local development projects that absorbed the needs and problems of these peasants, not mobilizing the skills and social competences of these communities. It would be essential for the homo situs a genuine democratic practice involving a political culture based on the social construction of the territories of the traditional man which was characterized by being procedural and historical, finding in participation its higher base. In this context, it would be desirable that the community development in Mozambique could contemplate and respect the choices of the homo situs. For this purpose, it would be fundamental the consistency between theory and practice, which builds and rebuilds, continually the competence of the peasants, facilitating the possibility of realization of their primordial aspirations. In the research, it became apparent that there is not a continuous process of participation of the rural communities, which appear as participants, only at the time of the implementation of the activities. Therefore, even having the participation of the communities expected by the law, with predictable moments of discussion and necessary conditions for that, the State failed to establish an ongoing process of democratic dialogue with traditional populations, as well as it failed to organize, properly, accurate informational bases to help solve the problems of rural areas. These facts have led to obstacles to the process of conquest of the human and civil rights of the traditional communities

Política pública para o idoso : um estudo da cidadania no Grupo Cabelos de Neve do Programa Conviver em Campina Grande-PB

The main objective of the study about the citizenship development in elderly attended by the Conviver Program of the City Hall of Campina Grande in Paraiba, Brazil was to evaluate how the actions of the Program contribute for the citizenship practice according to the users. The Citizenship analyzed is the existence of political, civil and social rights according to Marshall. For that it was utilized a descriptive research and a study of case based on technical procedure. The research was settled by the people who are benefited by the Conviver Program of the Snow Hair Group and the sample was formed by the active participants that it is in the Group for over ten years, corresponding to a total of ten elderly. For the data collection was utilized basic questionnaire in function of the low schooling of the interviewed, according to Marshall (2002) theory about the citizenship construction from each person. It was utilized the methodological procedure proposed by Bardin (2006), categorical analysis, in the qualitative data analysis, that was divided in four parts. In relation to Political Rights, noted that the program has stimulated your Watched on the exercise of voting and being voted. On the Civil Rights was observed that the Program has given incentive to actions which provide the users the justice rights in and in occupational activities as a job. In relation to Social Rights it was observed that the Conviver Program has contributed in order that its users can lead their lives according to the standards imposed by the society, which have being failed in the education area. As for the type of citizenship it was verified that the Program has given incentive to the served users, becoming more evidence on the speech basis