5 resultados para Sanction

em Universidade Federal do Rio Grande do Norte(UFRN)


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With more or less 213.000 habitants, Mossoró is the second more developed city from the Rio Grande do Norte. The town is proclamated like the land of freedom. To so far, exist four moments in your history related with the defence of freedom that is point like truthful from so proclamation. Suchlike happenings are the first female vote on Brazil, the resistance against the Lampião s band, the worman s mutiny and the slave release in 1883, five year before the Áurea law sanction. These happenings are commemorate yearly on setember with one big theatrical event called by the freedom high. Inside this contexto of exaltation to freedom, there is one black movement by name black and beautiful. Is the present dissertation, talked about the building of black identities between the black militants of Mossoró and the dwellers from the Santo Antônio district. With such approach, we intend to think about possibles differences or likeness, how the militants and dwellers from the refered district self-calleds like blacks or not. We are understanding black identity like one process to self-affirmation done by specificities of the social context and the individual particularity. This way, the identity change into one dynamic and contextual reality, gone always by one business process against the interaction of the social actors. So we search to discuss the specificities that involve the process to building of black identities in the city of freedom

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This paper discusses the growing attention that, over the last decades, has been given to the administrative procedure in Administrative Law, as it also highlights the procedures which are in tune with the new trappings of this legal field. It focuses on the sanctioning competence of regulatory agencies, notably what concerns the procedural guide that conditions its exercise. It aims at gathering varied elements, many times dispersed over the legal system, so it is possible to list, with a satisfactory degree of detail, the procedural constitutional guidelines which are indispensable to the sanctioning of private entities through punitive action by regulatory agencies. It highlights the due legal process clause, for the abundance of the protective set there is around it, as a guiding constitutional principle for the application of sanctions by regulatory agencies. It examines the repercussion of the constitutional principle of the due legal process on Administrative Law, focusing on the most relevant principles on which the first unfolds itself. It analyzes, in light of the due legal process principle, the sanctioning administrative procedure developed in regulatory agencies. In conclusion, it is asserted that there is no room, in the Brazilian legal system as a whole, for sanctions to be applied summarily; that there reigns, in our system, an absolute presumption, dictated by the Constitution, that only through regular procedures can the best and fairest decision, concerning cases in which the rights of private parties could be affected, be taken by the public administration; that, respecting the principle of the right to a fair hearing, it is indispensable that there be motivation of a decision that imposes a sanction; that there should be, in homage to the principle of full defense and for the need to preserve the autonomy of the regulatory party, an appeal court in every agency; that the principles listed in the federal law No. 9.784/1999 should be mandatorily monitored by the agencies, for this is the only alternative consistent with the Constitution

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This work pursues to analyze the sanctions of restrictive nature, which are characterized by impeding the business of the contributor in debt. Such sanctions known as political sanctions, are truly understood as an indirect way of tax enforcement, liable to cause problems to the private entity in curtailing, the initiative freedom, opposing the Article 5°, item XIII and Article 170, single paragraph of CF/88. As the State gets the several means to assure the economic order effective performance, it is up to the State to restrain the economic power abuse that objects to the marketing domination, to the ending of competition, and arbitrary increasing of profits (CF Article 173, § 4ª.) Therefore, it depends on the state, besides maintaining the economic order, to ensure a fair distribution of tax burden and act under the command of the Democratic State of Law principles. In order to make the tax collection effective, specific in some cases, the administrative fiscal agent uses coercive, excessive, and institutional, in imposing sanctions which causes constraint, maculating the contributor s essential rights, that matters of the necessity to force the tax credit ending. The principle of the free initiative and free competition, which are intended to be analyzed in this study, comes from a constitutional context and it will be reviewed in its systematic relations and with another rules, in order to evidence, at the end, the occurrence of an intervention towards the economic order when the State makes do of political sanctions as a tool for the tax credit effectiveness, infringing the Tax and Constitutional principles

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This study aims to identify the relation between adolescents in conflict with the penal law, who were convicted to assisted freedom (a socio-educative measure applied by the Juvenile Justice system as a sanction to adolescent offenders), and the school. The research was developed in the Community-based Assisted Freedom Program of Pastoral do Menor , in Fortaleza (capital city of Ceará State, Brazil). The study has engaged 21 adolescents, eight program professionals, three members of the Center for Defense of Child Rights in Ceará, five teachers and eight school principals and education managers from the schools attended by the adolescents in the neighborhoods of Pirambu, Tancredo Neves, Jardim Iracema e Bom Jardim. It intends, based on dialectical and historical method, to define the investigated adolescents as persons with a very singular insertion into the social structures of neoliberal capitalism. Their adolescence is subject to consumerism appeals, to the limits imposed by these appeals and to perverse ways of insertion in the system, such as criminalization, segregation and marginalization. It reveals that the school attended by the adolescents reproduces such conditions of insertion. At the same time, these conditions are elements of identity, by which the adolescents are characterized.

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With more or less 213.000 habitants, Mossoró is the second more developed city from the Rio Grande do Norte. The town is proclamated like the land of freedom. To so far, exist four moments in your history related with the defence of freedom that is point like truthful from so proclamation. Suchlike happenings are the first female vote on Brazil, the resistance against the Lampião s band, the worman s mutiny and the slave release in 1883, five year before the Áurea law sanction. These happenings are commemorate yearly on setember with one big theatrical event called by the freedom high. Inside this contexto of exaltation to freedom, there is one black movement by name black and beautiful. Is the present dissertation, talked about the building of black identities between the black militants of Mossoró and the dwellers from the Santo Antônio district. With such approach, we intend to think about possibles differences or likeness, how the militants and dwellers from the refered district self-calleds like blacks or not. We are understanding black identity like one process to self-affirmation done by specificities of the social context and the individual particularity. This way, the identity change into one dynamic and contextual reality, gone always by one business process against the interaction of the social actors. So we search to discuss the specificities that involve the process to building of black identities in the city of freedom