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

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

A ousadia como horizonte: religando vida e ideias na formação em enfermagem

A proposal of formation in health/nursing built on classic science, on reducing thought and flexnerian paradigm is insufficient to comprehend and intervening with an amplified way on health needs of population, given that it is produced by fragmentation of knowledge, rationalization of thought, mechanizing and biological attitudes. It is necessary that formation in health/nursing allows the construction of effectiveness of principles and guidelines of Unique System of Health (Sistema Único de Saúde - SUS). In this context of emergency of a complex formation in health/nursing, life trajectories and formation of the nurses: Abigail Moura, Francisca Valda and Raimunda Germano are examples of transgressor and successful experiences which allow inquietude, changing and transforming formation patterns and self-formation. The present study is built from the comprehension of method as strategy , defended by Morin and complexity sciences. Has as objects building biographies of formation of these three nurses who express a formation model more totalizing and humanitarian, analyzing and discussing starting from the three biographic fragments guiding principles for the current process of formation in health/nursing. From the biographies, the courage and humbleness emerge as landmarking principles of their experiences. Humbleness neither as self-depreciation nor humiliation but as consciousness of our uncompleted and unfinished essence, acceptance of boundaries and potential and reduction of intellectual vanity. Courage, for its part, is the human pulsing, uncertain for nature, which brings us to act, to face and persevere on moments of fear and difficulties. A formation in health and nursing based on courage and humbleness allows the subjects to be taken away from indifference, arrogance, inertia, pragmatism: bets on ethic and political subjects capable of minimizing unequal, inhumane and excluding processes. Na intellectual and Professional attitude which politizes the thought and science is what must be expected from a complex formation in health field, in latu mode on nursing, in particular

Sobre formas e processos: projeto de um condomínio de casas a partir de princípios da gramática da forma

With the intention of studying and developing the design process based on a specific methodology, the object of this work is to present the design of a gated condominium community in Natal based on the application of principles of shape grammar, used in their design process. The shape grammar is a design method developed in the 1970s by George Stiny and James Gips. It is used for the analysis of the project as well as for its synthesis, with the goal of creating a "formal vocabulary" through mathematical and/or geometrical operations. Here, the methodology was used in the synthesis of the design process, through the relationship between formal subtractions and the houses’ architectural planning. As a result, five dwellings configurations were proposed, each one different from the other with respect to their shape and architectural programming, distributed in three twin groups, which are repeated until the final total of nine architectural volumes. In addition to studies of the condominium’s ventilation and the buildings’ shading simulations, studies of spatial flexibility and acoustic performance were also performed. The mapping of the design process, one of the specific objectives of the dissertation, was composed not only by the record of formal constraints (the preparation and application of rules), but also by physical, environmental, legal and sustainability aspects in relation to, on one hand, the optimization of the shading and passive ventilation for hot and humid climates, and, on the other hand, the modulation and rationalization of the construction.

Planejando com lean construction: diretrizes para implementação da construção enxuta em obras

Nowadays lives up in an era of tight credit caused by the global financial crisis, as occurred in the past, it is the responsibility of various sectors and segments of society find ways to reinvent itself. In this context, Lean Construction presents itself as a strong alternative production management for companies in the construction segment. Arising out of lean thinking that originated in Japan in the postwar period and has spread around the world in times of extreme scarcity with the oil crisis. In practice the Lean Construction is a philosophy that seeks to improve the process of production management, maximizing the value of the flow from the customer's perspective through the elimination of losses. And thrives in environments and cultures that consider the scarcity of resources like something natural, applying both the macroeconomic crisis as in times of prosperity. The Planning and Production Control - PCP presents itself as a fundamental building block for companies to protect themselves in the face of economic fluctuations, seeking for their survival and success in the competitive market. Motivated by the lack of discussion of the topic in the local academy, and for the identification of 93.33% of construction companies that do not make use of methodological tools for PCP in the state, this dissertation aims to study and propose the implementation of lean construction in methodology of planning projects implemented on construction sites. This characterized the management system, of the production of a construction company, pointing out the main causes of ineffectiveness related to consequent low performance of one of his ventures. In sequence, the PCP was implemented with the use of tools to serve the principles of lean construction. This being monitored through indicators that provided managers managerial view of process of actions control and production of protective mechanisms. All implementation guidelines and application of this management model, were exposed in a simplified way, practical and efficient, in order to break the resistance of new practices and old paradigms in the industry.