A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

Fundamentos dos cuidados com crianças e adolescentes: um olhar sobre o Rio Grande do Norte entre 1964 e 1988

Childhood and adolescence care has frequently caused theoretical and methodological discussions. At national level, the way of dealing with this public has always been on the agenda, either by maintaining a paternalistic treatment, or by coercive and repressive expression with which this public is treated. Given the above, this research presents a thorough study of social policies focused on children and adolescents in Brazil, with the overall purpose of investigating how this process of implementation of public policies for poor children and adolescents in the state of Rio Grande do Norte was. In previous studies, it was identified that there are no official records regarding the policy implementation process for this population in the state of Rio Grande do Norte. A retrospective study about the care towards children and adolescents in Brazil was held. It ranged from the XXVIII century, through the period of assistance, until the historical period in which the child started to be considered from the perspective of a policy. Thus, a certain period was framed, so that, through the historical research method, this study could focus on gathering data about the attention focused on childhood and adolescence in the state of Rio Grande do Norte, between the years 1964 and 1988. Data was listed from newspaper files that circulated in the state during period mentioned above. This time framing corresponds to the regency of the National Policy of Child Welfare. In the state of Rio Grande do Norte, the implementation of institutions such as FUNBERN and then FEBEM did not differ from the national standard, since many projects and care programs for poor children and teenagers were executed in this period. The implementation of these institutions revealed the concern of the state in solving the problem of “minors” regarding to situations of abandonment or "delinquency" which they were involved with. However, the kind of protection provided by the state toward this population was based on the current ideology that supported the political system at the time: the military dictatorship. Thus, the main way to provide care to this population was through its institutionalization, through taking children to daycare centres and adolescents to “reeducational” institutes for “minors”.

Capacidades estatais para implementação de políticas públicas em ambientes federativos: o caso do Programa Bolsa Família

This thesis aims to understand the extent to which state capacities of state governments explain the effectiveness of the implementation of Programa Bolsa Família (PBF) in the Northeast, adopting the implementation of the theory as the main theoretical lens and more specifically the concept of state capacity. Methodologically is a study of public policy evaluation, and categorized as a process of evaluation study or implementation. Given the specificity of the object is classified as a multi case study research covering the states of Sergipe, Rio Grande do Norte and Bahia. In addition to using secondary data, the study used semi-structured interviews with members of Intersectoral Committees responsible for the actions of PBF and the Cadastro Único at the state level, composed of representatives of the areas of the state government of Social Welfare, Education and Health. the main findings related to technical and administrative capacities and policies were found: infrastructure with weakness in human resources, technological and financial resources; intra-governmental coordination with boundaries between PBF and Unified Social Assistance System , and the actions of conditionality of health and Health Unic System Basic Attention; intergovernmental coordination carried out mostly by the distance limitations of displacement and incipient regional decentralization of actions; based monitoring in the municipalities of lower performance and from the parameters placed by the federal government and political capacities; representative political system is hardly accessed by instances of program management; minor social participation and low articulation with related issues advice to PBF; audit control by any outside agencies. The thesis concludes that depending on the capabilities found implementing weaknesses are not unique to the program's actions, but from the very institutional capacity of the systems in which it operates that are the Unified Social Assistance System, the Health Unic System and the Educational System. In other words limitations of their own state capacities of the state governments and the municipal governments of each territory, such as quantitative insufficiency and qualification of human resources, financial and institutional resources, lack instance promoting decentralization (Intergovernmental and intra-governmental) as well the weakness or absence of a network of local social services are also factors that explain the program management performance and state capabilities of arrangements formed by states and municipalities in the PBF, only to partially deal with the complexity of joints involving Implementation of the program with regard to inter and intra-governmental action.

Capacidades estatais para implementação de políticas públicas em ambientes federativos: o caso do Programa Bolsa Família

This thesis aims to understand the extent to which state capacities of state governments explain the effectiveness of the implementation of Programa Bolsa Família (PBF) in the Northeast, adopting the implementation of the theory as the main theoretical lens and more specifically the concept of state capacity. Methodologically is a study of public policy evaluation, and categorized as a process of evaluation study or implementation. Given the specificity of the object is classified as a multi case study research covering the states of Sergipe, Rio Grande do Norte and Bahia. In addition to using secondary data, the study used semi-structured interviews with members of Intersectoral Committees responsible for the actions of PBF and the Cadastro Único at the state level, composed of representatives of the areas of the state government of Social Welfare, Education and Health. the main findings related to technical and administrative capacities and policies were found: infrastructure with weakness in human resources, technological and financial resources; intra-governmental coordination with boundaries between PBF and Unified Social Assistance System , and the actions of conditionality of health and Health Unic System Basic Attention; intergovernmental coordination carried out mostly by the distance limitations of displacement and incipient regional decentralization of actions; based monitoring in the municipalities of lower performance and from the parameters placed by the federal government and political capacities; representative political system is hardly accessed by instances of program management; minor social participation and low articulation with related issues advice to PBF; audit control by any outside agencies. The thesis concludes that depending on the capabilities found implementing weaknesses are not unique to the program's actions, but from the very institutional capacity of the systems in which it operates that are the Unified Social Assistance System, the Health Unic System and the Educational System. In other words limitations of their own state capacities of the state governments and the municipal governments of each territory, such as quantitative insufficiency and qualification of human resources, financial and institutional resources, lack instance promoting decentralization (Intergovernmental and intra-governmental) as well the weakness or absence of a network of local social services are also factors that explain the program management performance and state capabilities of arrangements formed by states and municipalities in the PBF, only to partially deal with the complexity of joints involving Implementation of the program with regard to inter and intra-governmental action.

Iniqüidade em saúde: uma extensão das desigualdades sociais no sistema público de saúde do Brasil (2003-2006)

This issue analises the unevenness in the brazilian system of public health care as an extension of socials inequities. It is a theoretical study based in a historical method, using empirical camp from academic, corporation and institution researchs, along the period 2002-2006. Equality and effectiveness in health systems are analitical basic cathegories grap in the root of the doctrine, principles and organization of the Unique Health System, in which sectorial actions are inserted. Discuss the estructural prodution and determined those inequalities through some social determiners of health system: income, land, food securitiy, nutritional situation, basic sanitation, epidemiological inequities and public management policy. Carry out a thematic review over health social production, it formlation and the goals of social policies, as well as the insertion of the equality principle in the assistance system, in the frame of the running public health regulations. It uses reflections that enlighted the correlation between the process of political-institutional actions and equity on health assistance. Analized the pertinency of sectorial reorganizational strategies on basic attendance, confronting the hipothesis that those strategies reinforce social inequities in health system, because it organize diferential assistance levels over not equal baselines. The results show up that social inequalities, even remaining, have had a small decrease; that the selectiviness of actual public policies and the duplication of the health system, increases the differences within and between the social classes and configures the assistance as inequal. The basic care system has great shortages that also appeares in middle and complex assistance levels. As conclusion, it remarks that the health assintance system, even with it integrality has limits; structural problems on material conditions of living and health system could not be reversed only with institutional legal arragements; by the contrary, in border conditions, these strategies produce policies that reinforce inequities, neglecting the equity principle of the system in which frame, they work. One patina of this tim

Pedagogia Freinet :mediação para o social, o político e a formação de professores

Ce projet présente dans son premier chapitre une étude historique-bibliographique basée sur la Pédagogie Freinet en France, ainsi que sa formation républicaine, ses courants politiques et idéologiques qui ont moulés l organisation sociale et éducationnelle de ce pays. Ce travail montre le rôle des courants de gauche dans ce processus, cela se reflète aussi sur le jeune Freinet. Les changements opérés dans la décennie de 1950 dans le système scolaire, dans le propre Mouvement Freinet et les ruptures qui ont eues à l intérieur de ce mouvement. Cela se termine avec les directions prises dans les dernières décennies, son arrivée au Brésil et les perspectives actuelles. Le deuxième chapitre aborde la reconstitution historique du Brésil dont sa phase coloniale et impériale. Les événements historiques de la IIIe, IVe et Ve République sont mis en relief avec ceux du Mouvement Freinet. La phase militaire imposée au Brésil et les luttes pour la reconquête de la démocratie. Il se termine avec les considérations sur la LDBEN 9394/96 et l implantation du Curso Normal Superior; un bref historique de la Pédagogie Freinet au Brésil, des thèmes importants travaillés dans le troisième chapitre. Dans ce chapitre une recherche qualitative est décrite basée dans l Etnographie Critique et Multiréférentiellel et aussi dans la Recherche-Action. Elle est développée auprès d un groupe de cinq professeurs des premières classes de l école primaire au collège, inscrites dans le Curso Normal Superior. Les données ont été obtenues à partir de rencontres régulières avec le groupe la médiation didactique , des entretiens, des questionnaires, des observations dans les salles de classe, du travail final du cours, nommé Mémorial de Formation. À travers l ensemble des données, on recherche les apports et l actualité d une proposition pédagogique historiquement firmée pour le développement de la praxis éducative

A implementação do programa Gestão nota 10 no sistema municipal de educação em Mossoró/RN (2005 a 2009)

This research work is focused to show the changes in educational administration from the agreements between the Mossoró / RN and the Ayrton Senna Institute IAS, for education provision. Nowadays, the partnership policy is a constitutive element of the reform of the Brazilian State, which dropped its action on social policies and to strengthen its regulatory role, encouraging private participation in planning, preparation and implementation of public policies, new printing setting the political-social. In this context, the 10 Note Management Programme, developed by the IAS, is part of the neoliberal logic of modernization of public school systems, focusing on results and developing strategies for control and regulation of schools work and its efficiency, effectiveness and greater productivity. The 10 Note focuses on two dimensions: the management of learning and teaching in networking, in a managerial perspective to overcome the culture of failure (expressed as age-grade, dropout and repetition rates in) and implantation of culture of success (as measured in the improvement of the indices). To understanding the process, we have delimited as the object of study, the process of implementing them mentioned program in the city, which its objective is to analyze implications for the school community from the perspective of democratic management, adopting the dimensions of autonomy and participation in institutional processes as a criterion of analysis. From a methodological point of view, the survey was conducted from a literature review and documentary about educational policy developed in the country since the 1990´s, seeking to understand, in a dialectical perspective, the political dimensions of teaching, training and performance of the subjects involved in the school work. Besides the empirical observation, it was also used semi-structured interviews with a methodological tool for gathering information and opinions about the partnership and the implementation of the 10 Note Management Program in the county. The interviewee participants were ex-former education managers, coordinators, school managers, secretaries and teachers. Regarding the dimensions inside the analysis (autonomy and participation), the research led to the conclusion: that GEED, under the guidance of IAS promoted regulation of school autonomy, set up the selection process for exercising the office of school administration and system awards to schools, pupils and teachers, subject to results, there is mismatch between the managerial logic and the democratic management principles, that the ideological discourse of modernization of municipal management coexists with traditional practices, centralizing patronage, which ignores the democratic participation in the school decisions processes, the goals of the partnership were partially achieved, since that the city has improved over the approval and dropouts, although the approval of the Education Municipal Plan of the rules institutional (administrative, financial and educational) and the creation of the Councils observed that the school community participation is still limited, not being characterized as a coordinated intervention, capable of promoting the transformation and improvement its quality in the county. In the same way, the orientation of networking is a limit to the autonomy of schools, given the external definition of goals and strategies to be adopted, along with pressure exerted through the accountability of each school community for their achievements

Serviço Social Audit Saúde no SUS/RN: projeto ético político profissional e de reforma sanitária

Health policies in Brazil, the decentralization of SUS management responsibilities for the three spheres of government has driven the creation and regulation of the audits of health services in the National Audit Office, this is a trend of neoliberal policies imposed by international bodies like the World Bank and IMF to peripheral countries characterized by productive restructuring and reforming the state focuses on the presence of two competing projects in the area of health: Health Sector Reform Project which is based on the democratic rule of law with the assumption of health as social right and duty of the State in defending the extension of the conquest of rights and democratization of access to health care guaranteed through the public financing strategies and the effective decentralization of decisions pervaded by social control and privatized Health Project which is based on the state minimum, with a reduction in social spending or in partnerships and privatization, stronger nonprofit sector, subject to capitalist interests, is made effective through strategies targeting health policy and refilantropização actions. In this context, the present study is an analysis on the work of social audits of public health in infants from a qualitative and quantitative approach, embodied by the critical method of dialectical Marxist social theory that enabled us to unveil the characterization, the demands, challenges and outline the profile of Social Work in teams inserted audits of SUS in RN, but also provided evidence to demonstrate the prospects and possibilities of this area of activity of social workers. It was also found that through the audit work that the state fulfill its role as bureaucratic and regulator of health services with efficiency, effectiveness and economy. Yet, paradoxically, the audits of SUS may provide a vehicle for enforcing rights and ensuring the fundamental principles contained in the project of health reform, because it can be configured in a space of political struggle as representing a new field of knowledge production that needs to be appropriate for a theoretical critic able to redirect the social interests in favor of the user. From this perspective, it is concluded that the work of social audits of public health in infants despite the social relevance that prints, as they constitute an activity study of reality and its transformation proposition requires a transformative political action guided the discussion Marxist theory holds that the ethical project professional politician of Social Work

Projeto político de formação do enfermeiro: contextos, textos, (re)construções

This research analyses politic Project for nursing education, in its articulation with economical, political and social context of 1970s and 1980s in national level and, in special, nurse formation process in FAEN/UERN space, situating it on the context of Brazilian sanitary reformation movement and participation movement. The thesis is firmed on the sense of explaining whether that movement circa the nurse formation process has been able to build necessary instruments for the transformation of biomedical formation model historically consolidated, in the perspective of conceiving another model anchored on social determination of health/illness process, with the purpose of assuring ethical and political commitment with the SUS praised by sanitary reformation. The study visualized the object considering its specificity, its concrete historical determinations and institutional as well as organizational relationships that permeate possibilities of valorizing it, analyzing it, interpreting it and rebuilding it. Its operationalization occurred in three movements, it means, bibliographical review; documents study; interviews and focal groups realized with professors of the institution. We can apprehend as main results that the nurse formation process has incorporated widely spread conceptions by the sanitary reformation movement and participation movement, assuming the commitment with transformation of health services and social reality. Nevertheless it prevails, still, amongst some professors in the same institutional space, the commitment to a predominantly technicist formation, focused on instrumental knowledge. Opinion divergence explicit diversity of conceptions circa education and, as consequence, distinct political commitments, also contradictory to formation. Thus, there is a lacuna between what is foreseen on political pedagogical project and what is rendered in FAEN/UERN, evidencing the clash related to conceptual bases of formation project. Interpretations, divergent political attitudes and resistances to the process allowed several formation ways. However, formation under new conceptual bases, find limits on the context of social politics implemented in Brazil during the 1990s, neoliberal-based, expressed on expansion and consolidation of health private system, managed by market rules, strengthening biomedical formation model. Notwithstanding, there is a favorable to its implementation, starting from the first years of 21st century, moment when Brazilian sanitary reformation reappear on health speech, as well as facing the policy of permanent education in health. This reality explicit a process of dialectical tension between instituted and institutor, anticipating the moment of scission or adaptation and return to what is already known. Despite of clashed, knowledge, accumulated experience, contribution to services, the construction of partnerships out of university space and articulation with national movement of (re)orientation of nurse formation, have been constituted as vital instruments to offer support to formation in FAEN/UERN. Still, we consider necessary the (re)visitation to FAEN/UERN politic pedagogical Project considering the existing and implemented construction, without, yet, depreciate the norther axis of the project at the reaching of its intentionality

Escola: lugar político da diversidade sexual e de gênero

This work aims to understand how the public school system has become a failing institution with regards to sexual and gender diversity. I start from the principle that the school system performs a social sorting operation, leaving out of its halls almost all people who don‘t fit into the established heteronormative social order. First, I explore the experiences of primary school (Educação do Ensino Fundamental) professionals from the public network (Rede Pública Municipal) of the city of Natal-RN. I consider their narratives a result of daily practices which denounce the rules that govern and produce them in a broader context. Then I aim to establish a dialogue with the students who are victims of name-calling, teasing and abuse for not aligning with the ―normal‖ gender standards. At this stage of the research, I conducted fieldwork at the State Secondary School of Rio Grande do Norte (Escola Estadual de Ensino Médio). This investigation is guided by the following questions: What challenges need to be addressed in order to recognize the students who have been excluded from the school environment on account of sexual and/or gender differences; additionally, how can their classroom attendance and positive learning experience be ensured? To what degree is the school community concerned with building education practices which value and acknowledge sexual and gender diversity? The research goals were: to analyze how the school and its professionals deal with sexual and gender diversity, investigating which pedagogical practices silence, freeze and obstruct the diversity of student identities; examine how the school and its subjects work toward building new pathways for learning, for coexistence, and for facing the challenges of ―new‖ social demands such as homoaffection; observe the spaces that are cracked open by the presence and the voices of students who demand recognition of their existence.

A conduta judicial ética teórica e aplicada contida em princípios e regras deontológicos abrangidos pelo sistema constitucional

Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct grounded in legal principles and rules set out in the Constitution of the Federative Republic of Brazil and the Organic Law of the National Judiciary, also contemplating propositional instruments covered by the constitutional system, which conveys behavioural paradigms inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those instruments in the Brazilian Ethical Code of the Magistrates and in the official complementary training of judges in charge of Judiciary Schools. The study provides the theoretical influxes of moral norm, passing by behavioural social norm to consolidate the ideal standards of judicial conduct into legal standards and related instruments. The Legal Deontology directed to the ethical judicial conduct is confronted with the stereotype that society expressed in relation to the judge's person, who is the political agent that interprets the law for making decisions which directly influences the realization of access to justice, that is constitutionally guaranteed to all. Core values inserted in the constitutional system intended to discipline the judicial conduct are presented and analysed under a critical view, since they are enclosed in prescriptive language that conveys behavioural aspects open to interpretation and which compliance is revealed as a proposition focused on promoting a better solution of interest’s conflicts under the responsibility of those who constitute the distinctive corporation of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the approach of normative and propositional instruments of deontological content, still focusing on the study of real cases examined by the Brazilian National Council of Justice, as part of its correctional goals.