A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

Praxiologia e representação social sobre formação de professores nas licenciaturas da UFPI

At this investigation it was analyzed the content and the organization of the social representation on the object teachers education, built by teachers of degree courses from Universidade Federal do Piauí(Ufpi), understanding such representation articulated to the teaching habitus of these educators of teachers, what takes under consideration the position that they hold in the structure of the national field and in the subfield of teachers education. For that, it is searched: a) to emphasize the properties of the place in which the trainers act Ufpi as the office of those field and subfield; b) to understand who are the trainers, that is, to grasp the teaching habitus of the trainers with a view of its origin, social trajectory and the specifics of their position in the analyzed field and the subfield and c) to know what they think about their work object, that is, identify and articulate the content and the organization of the social representation analyzed with their properties of field and subfield agents. The research includes the specific degree courses of the Campus Ministro Petrônio Portella , from Teresina(PI), and it was applied to 134 professors of degree courses from this Campus. The data collect joined to the participants happened on the second period of 2008 and on the first semester of 2009. The starting point of the study is the corroboration that the reform of Ufpi degree courses, determined by the legislation and stablished at this Institution in 2005, altered a little the previous situation. It is comprehended that Ufpi and its structures of teachers education as a trainer institution, is limited by the national academic field and by the subfield of teachers education. From this last one, it was listed some of its properties, to show that it is about an academic subfield in construction process. It is emphasized division of the subfield, that separates the trainers into two subgroups the ones who dedicate themselves to the specific education on the contents and those ones who are specialized on pedagogical education placed in antagonistic position and competing by the symbolic power of imposing the meaning and the sense of the teachers education in the degree courses. To understand the comprehension of the problem, it is searched for the models that are in the root of the construction of the University and its project of teachers education in the degree courses, to clarify the matrixes in which the social representation searched is stablished. The theoretical referential articulates the contributions of Moscovici, the theory of social representations, and of Bourdieu, with the concepts that compose its praxeology, as habitus, social field, capital, symbolic power and others, as well as their interpreters and continuators, as Domingos Sobrinho. From the literature about the university and teachers education, it was used Dermeval Saviani, Luiz Antônio Cunha, Maria Isabel da Cunha and Mirian Jorge Warde, besides others. Plurimethodological procedures were adopted, combining associative techniques adjusted to the access to the social representations, and a classic technique, a questionnaire about teaching habitus. The condition is that the teachers build different social representation of the object teachers education because of the distinct positions that they occupy in the structure of the academic field and the subfield of the teachers education. The reached positions in the field and subfield are due to the differences in the origin and social trajectory of these agents, who, therefore, have different teaching habitus from which they build their social representation about their work object. It is highlighted that the teaching habitus and the social representation of two subfields, identified by the belongings to different dimensions of the teachers education in the degree courses, they have similarities and, also, differences. These ones permit to support that the subjects are holders of distinct teaching habitus that conceive different practices, struggles, tensions and conflicts around the sense of teachers education

Em busca do estado participativo: os desafios da participação social na gestão ambiental

The existence of several negative indicators such as deforestation, pollution of rivers and urban growth disorderly suggest a scenario of serious environmental degradation in Brazil, allowing that the model of public management of the environment here is not practiced efficiently, despite to be a recognition-of environmental legislation as one of the best and most comprehensive in the world. One of the main causes of this problem is the low social participation in environmental management that often exists only in the formal plan. Thus, although defined as Democratic State, in practice, it is only a Figurative State. Based on the study of the origin of the state and social participation in the Brazilian State, in general scope, and some environment committees and public hearings in Rio Grande do Norte, as instruments of social control, in particular scope, it is possible to build a real Democratic State in environmental management, a Participative State, in which all players are aware of the responsibility and committed to the duty assigned to them by the constitutional text with the present and future generations

Parâmetros urbanísticos para habitação de interesse social: uma análise crítica para as Rocas em Natal/RN

Through the comparative critical analysis of the demanded urbanistic parameters in the legislation and of the urbanistic index found in the Rocas neighbourhood, having as study object the already consolidated constructions of residential use, intended to demonstrate that the neighbourhood needes specific norms and that the limits established for recognition of Special Areas of Social Interest for the urbanistic legislation of the City of Natal would have to be reviewed and to be brought up to date, once they show occupations like the ones of the reffered neighbourhood. At a first moment, bibliographical revision and elaboration of the theoretical referencial had been made, , to analyze afterwards the urbanistic legislation for the neibourhood of Rocas, that determines relative parameters for the sizes of land lots, coefficients of exploitation, minimum taxes of occupation and retreat. Through a field research in the area, a study on the occupation description was done at first, characterization of the neibourhood through the study of the social-economic aspects, of the existing infrastructure in the place, environmental aspects, morphologic and tipolgic analysis of the neibourhood as a whole. From the grouping of the found characteristics, sub-zones had been delimited, where the real object of study was detached to be analyzed. From the Sub-zoning, a statistic sampling was carried through with the intention to examine which of the urbanistic index is found in the dwellings of that already materialized place. This sampling, of one hundred and eighteen residences, was carried through by measurement of the lots and existing constructions in these places. Through this survey, for each habitacional unit, area of the lot, constructed area, retreats and coefficient of exploitation had been calculated. The comparison between the legislation parameters and the index found in the place reveal an expressive index of urbanistic irregularity and the necessity of special regulation for the Rocas neibourhood due to its specific social-space characteristic

Mudanças na relação entre estado e mercado na produção de habitação de interesse social em Parnamirim-RN

The formulation of public policies, particularly those relating to social housing – SH -, follow a dialectical process of construction, which are involved in the figures of the State and tha Market.The combination of the State and Market remains in constant tension and struggle for power, which provides beyond products (policies, programs and projects), periods of crises and disruptions that can give rise to new institutional arrangements. It is possible to verify a change in the relationship between the State and the Market in the formulation of public policies of SH financing, justified by the context of the Brazilian economy growth, especially after 2003, year that began the first Lula Federal Government , and through the international financial crisis (in 2008). Thus, the State and the Real Estate Market has been undergoing a process of redefinition of their interrelations, articulating new arrangements, new scales of action and new logics of financial valorization of urban space. This peculiarity demanded the rapid thinning of speech and the proposals in the reformulation of housing policies, with the primary result within the pre-existing Growth Acceleration Program – PAC -, the release of My House , My Life – PMCMV -, established by Law 1.977 of the year 2009. Given the above, this research has as study object the relationship between financing public policies of SH, promoted by the State, and behavior of Formal Housing Market. It is believed that the established roles for each agent in the new housing finance model introduced with the PMCMV, have been adapted according to the needs of each location to make this a workable policy. It remains to identify the nature of these adaptations, in other words, what has changed in the performance of each agent involved in this process. Knowing that private capital remains where there is more chance of profit, we tend to believe that most of the adjustments were made on scale of State action. The recommendation of easing urban legislation taken by PMCMV points to how the State has been making these changes in activity to implement the production of social housing by this program. We conclude that in the change for PMCMV, the direct relationship for construction and housing projects financing began to be made between the Caixa Econômica Federal bank and the builders. The city was liberated from the direct interlocutor role between all actors involved in the production of SH and could concentrate on negotiating with the parties, focused on the effectiveness of SH public policies proposed by PMCMV. This ability and willingness for dialogue and negotiation of municipal government (represented by their managers), undoubtedly, represents a key factor for rapprochement between State and Real Estate Market in the City of Parnamirim.