Ne bis in idem: limites jurídico-constitucionais à persecução penal

This legal research aims to demonstrate the prohibition in the Brazilian criminal system of a multiple imputation for the same fact in a simultaneous or successive way. For that it is developed a different idea of the subject. Through comparative, eletronic and bibliographical researches, the dissertation was accomplished in a way to establish the content of the foundations of the criminal procedural emphasizing as fundamental premise the values of the Constitution. In the first section it was demonstrated the limits of the theme and the objective of the research. After that, it was analyzed the basic function of the criminal suit which has the important mission of limiting state's punitive power. In the same way, the criminal procedure corresponds to a warranty of the citizens' freedom. In the same section, it is shown how it is possible to abandon the myth of the real truth in the criminal law system. In the third section of the research, there were pointed elements and definitions about the cognition object, specially the litigious object or "thema decidendum", and also the peculiarities of the judged cases. In the fourth section the subject about origins and evolution of the criminal procedure and its objectives in the legal system is developed to demonstrate its perspectives. Some aspects of the identity's concept of the presupposition of the facts are as well demonstrated in order to relate the theme to the prohibition of multiple imputation. There are also considerations about some other important aspects as the incidence of the legal rules and the possible change on the elements of the penal type. There are several comments about legal procedural in other legal systems comparing them to Brazilian's most elevated Courts. In the end it was systematized the limits to criminal imputation, emphasizing the defende's right as a foundation of the legal system. Is was registered that the ius persequendi can be exercised once

Tramas da (ir)racionalidade contemporânea para a composição do mito-tecno-lógico

The plot myth-techno-logic, contemporary, was developed starting from the dualism myth-reason. In this study, we deepened the alluded dualism taking as reference the historical contexts of the Renaissance and of the Enlightenment, emphasizing the discussion of the economical rationalization as conductive thread of the western development, in which we identified the game of the rational and of the irrational, for assure the superiority of the reason. In the context of that game, we analyzed the implications of the modernization, for the education, in function of the instrumental rationality, responsible for the environment of adaptation of the technological instruments to the scenery of the contemporary modernization. The new context is constituted by points of union and of ruptures among the technique, the science and the myth. Through our analysis, we noticed that the basic needs for the contemporary society were linked to the changes in the production means, for which the machine determine the rhythm of the work and the quality of the product. However, the changes in the productive processes promoted the appearance of the commercial marks that, as we see it, they represented the synthesis of the perfect harmony of the myth, of the technique, of the science and of the technology, in the conduction of the economical rationalization to the contemporary modernization. Thus, the contemporary modernization it arrives us for the economical rationalization, developed with the support of the technician-scientific knowledge and communicated by the articulations of the myth-techno-logical

Natal como destino turístico : um estudo das imagens (re)veladas pela mídia, pelos turistas e suas implicações educacionais e culturais

This thesis is a result of a research on Natal/RN as a tourist destination. We understand that cities are chosen as tourist destinations beyond its cartographic localization, from other dimensions of meanings that, in its set, constitute images. These images are, probably, very different of the images constructed by native and resident populations, who possess relations of identity with the place. The knowledge of the meanings that others attribute to this city as tourist destination, bring us near to the symbolic bonds established by individuals or social groups on the act of their choices, as well as bring us near to the interaction process city-tourists where the expectations are confirmed or not. The images divulgated by the media also participate of the complex formation of the tourist image that is being constructed and available for the different public, in different social contexts. The tourism constitutes a symbolic asset of the modern society, being considered by the studious, as one of the most expressive phenomena of the modernity, for involving each year displacement and the interaction of thousand of people of different cultures in the entire world. All this people s mobilization points to practical social related to personal motivations, to the entailed desired to the idea to travel and to exceed borders. It is already consensus that tourism is a phenomenon of economic growth, generating jobs, income, professional, qualification, bringing improvements for the host cities. Since 1995, in Brazil, the tourism as a sector of the economy, passed to be considered one of the national priorities, and in this perspective, the national politics of the tourism invested in infrastructure of Brazilian cities with high tourist potential, objecting to increase the flows of Brazilian and foreign tourists. Owing to this fact, the country still invests in programs of tourist marketing, mainly divulging the images of the natural beauties of Brazil abroad. And for Brazilians, the campaigns appeal to rescue the feeling to be Brazilian, associating the idea to travel and know its country. Natal city possesses an excellent positioning in the tourist marketing, being predominantly divulgated in national and international level, for its naturalistic singularity, where the images of its natural enchantments as warm water beaches, white dunes, warm weather, constant breeze and an always blue sky are shown as the favorite scene on this city. From what was viewed above that the choice of a tourist destination articulates from a determined imaginary of a place, already constructed or in process of construction, we consider the knowledge of this imaginary a basic learning for the population of the city and especially, for educators, in the formation of professionals in this area and for tourism managers, elaborators of public politics. Based on this estimative, we developed this research that had as a general objective to identify the images that illustrate Natal city as a tourist destination - our objective of study, particularly the meanings and senses attributed by the tourist marketing (hotel s folders) and by the tourists that visited the city during this study. The discussions and reflections that had guided this research had been given from the theoretical link between imaginary and social representation, also considering some interfaces between the fields of communication and symbol. From the studied authors, Baczko (1985) clarifies that the study of social imaginary is directed for the mechanisms and structures of the social life, especially for the intervention accomplishes and efficient of the representations and symbols in the practical collectives, as well as in its direction and orientation . Following this same thought, Moscovici (1978) says that the social representation are produced in communicational and symbolic contexts, and these representations once that already constituted circulate socially as almost tangible entities. Based on this fundament and on the analyze of Barthes (1990), particularly in the approach given to the reading of photographic image, we could observe on hotel s folders that each page evidences senses and meanings of functionality of internal and external spaces, pointing to the way of leisure offered by the keepers of city which is the hotels. About, the leisure that they offer, it is directed to young public, giving meaning to the young myth of personalized leisure tourism on children, young and adults images. The image about security that hotels offer and the singular image of Natal city as a paradise place, provide an idealization of pleasure through the sun, dunes, and beaches and also due to the hospitability of the natives who are assigned as educated . For the tourist that participated on this research, Natal city is tied only by the imaginary of leisure and nature which constitute the emotional link of the relation media-city-tourist. And with such force and fullness of directions the city discloses without tensions and contradictions as a place protected by a mythical and sacred aura. The study also demonstrates us that the potiguar culture remains (almost) forgotten, due to the silenced in this imaginary. In this perspective, we highlight that this culture silence is very close related to the disvalue of education in its general meaning. We defend that the imaginary apprehended constitutes a new reading and a new looking and understanding the tourist reality that comes historically consolidating in this city. In this direction, we glimpse that this study and its future dismemberments can collaborate with the process of rescue the cultural values of the potiguar people, in the way that the meaning of tourist may be redefined, and the tourist image of the city can be also disclosed for its identities particularities of its culture

Murilo Rubião: enlaces eróticos, fantásticos e absurdos

The present research intends to propose a reading in a new dimension of the fantastic (weird) literature and, especially, of its Brazilian more representative author, Murilo Rubião. At the beginning with concepts and associations with the erotic, starting from the myth of Eros and Psique and developing relations with Georges Bataille's theory on the theme. Afterwards, other associations are made, now with relation to the own fantastic literature. With the essence of this literature, examples of the traditional close to the contemporary. A last, association is made with the absurd literature. The contemporary man as being object and its configuration represented in the field of the dreams and its possibilities. At the end of the work, a "post scriptum" suggests a more imersive reading of tales in the entire that appeared broken into fragments along the research

Helena de Machado de Assis; Imagens literárias e a retórica da morte da nação inconclusa

Helena is the romance of perishable and discontinuous title character denominator of a dialectic that does not consume and build the narrative by sequential fragmentation combined with episodic frame. The novel is a lightning stroke to the romantic literary project. Therefore, this study aims to find "objective" elements of the novel that would constitute a conception of literary nation proposed by Machado de Assis, as in classical writing, where women are engaged as a metaphor for the nation by a non-cultural heroism, as the example of the Greek myth of Helena, where the feminine represents a mythical image of the nation. The paper's theoretical conception of the history of Walter Benjamin, that is, that is constructed as an allegorical appeal, the conclusions about the disciplinary society of nineteenth century of Michel Foucault, the construction of the nation as a subtle game to remember and forget of Wander Miranda and the rhetoric of death and loss reflected in the speeches of the cultural heritage of José Reginaldo Santos Gonçalves, which allow you to analyze the work permeated by subjectivity and existential conflicts by Machado, who has it arranged in dialectic with the avant-garde literary romanticism and realism. In this relationship with the Greek myth of Helen, explained that characters with the nickname of Helena in Machado's work are not uncommon. As in classical Helena, Machado s Helena uses three rhetorical are the cause of the seizure of the nation. In this game of remembering and forgetting, in the daily plebiscite, Machado draw ideal images that forged our mythical past and commitment to the future. The suffering love of Helena is suffering from failure of the nation which would have led the author to the use of allegorical language, seeking a balance in the chaos generated by the opposition between cruelty and pity widespread view in an area where only left the character's confession guilt for the death. It is a simulacrum of unfinished nation, the space for the game of remembering and forgetting, while the rhetoric of negotiation of our Brazilianness

A dialética do amor em pigmaleão, de G. B. Shaw.

Pygmalion (1913), by George Bernard Shaw (1856-1950), has many studies in literary criticism. However, this study brings a new interpretation to Shaw s play based on Harold Bloom s theory and methodology, that is, the anxiety of influence and the dialectic of revisionism. Through the analysis of poetic influence and the dialectic of love, we can see that Pygmalion represents an apophrades in relation to William Shakespeare s The Taming of the Shrew (1593) and Ovid s myth of Pygmalion and Galatea in Metamorphosis (c. 14), which creates a family romance between the three stories. Shaw s play surpasses The Taming of the Shrew when it shows the possibility of the relation between this parent poem and Ovid s myth, which it is also its parent poem, and because it represents a strong misreading of Shakespeare s play as well as of Ovid s myth.

Esperando Ulisses: o mito de Penélope à luz da comparação diferencial e discursiva

From the many weavers known, the Queen of Ithaca is certainly among the most famous.Over the years,many writers have dedicated themselves to retell the myth of Penelope in their works by their own way. According to Ute Heidmann, the modern writers recurrence to the Greek myths in order to produce their texts is a renewing discursive practice, which gives new writing and relevance to the myth. (2003, p.47). This work deals with a differential and discursive comparative analysis on the myth of Penelope linking it with two short stories from Brazilian authors: Penélope by João do Rio (1919) and Penélope by Dalton Trevisan (1959). In order to do it, we are supported by: the works of Heidmann (2003, 2006, 2008) and Maingueneau (2006). We also concentrate ourselves on the temporal trace presented in both Penelope s myth and in its modern rewriting so that we can identify how each configuration of the classical myth develops into one of the most celebrated acts of this myth: the waiting. In order to so, we seek support on the studies by Paul Ricoeur (2006), Hans Meyerhoff (1976) and Benedito Nunes (1988)

Inês de Castro no romance contemporâneo português

Ines de Castro is a theme in literature from the fourteenth century. The historical fact of his death, in 1355, became a landmark in the history of Portugal and, since then, several literary texts from various genres, have dealt with this theme, this made the couple Pedro and Ines a myth of love passion, of love beyond the barriers of death, like Tristan and Isolde, Romeo and Juliet, Abelard and Heloise. The literary myth - or any picture that mythologize literature - is always prepared before culturally and works in the same way that so many others, this is, as an element of cultural identity, either collectively or individually, making it also a feature poetic. Thereby, is an archetype confirmed through time and eventually reveals a series of webs of the human psyche. Ines de Castro became the Portuguese myth of eternal love: she became queen after your dead. The persistence of the myth makes the love story of Pedro and Ines continue to produce texts of various literary genres. This study examines six contemporary historical novels, to show that the way actually this kind o novel does a new formulacion of Pedro e Ines mythical, because now it s different view likes the victim in Os lusiadas and other texts from the past. Collaborate to this news relacions between history and literature and a novelist's new stance in relation to historical facts that relate like reffering to novel. The intention is to show, through the novels chosen now Ines de Castro have different profiles than it had before in tradicional historic novels from the period of Romanticism and New Romanticism. Authored by Agustina Bessa-Luís, João Aguiar, António Cândido Franco, Seomara da Veiga Ferreira and Luis Rosa, the six novels studied show the circularity cultural of inesian myth showing this new character of the new person Ines in the contemporany historical novel

Essas pessoas na sala de jantar : espaços históricos em canções tropicalistas (1963-1973)

Tropicalia concerns the attempt of understanding of Brazil and a national identity characterized by the transience of time and space, rhizomatic action, perpetual laceration of cultural boundaries and at the same time act synchronously to instances such as policy and the social. A word created by artist Hélio Oiticica and registered by him on the National Register of Trademarks and Patents, was later used to a name the eponymous song by Caetano Veloso and also in this fertile cultural impulse at the turn of the sixties to the seventies on last century, who had the intention to make creating new spaces and simultaneously rethink the spatial cuts of Brazilian culture, encouraging them to be much more than a myth of a paradise within a lush new look of a tropical truth.