Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

Relações entre mídia e lazer:o capitalismo, os meios e a apropriação do tempo livre nas sociedades industrial e pós-industrial

This research aims to understand the relationship between media, capitalism and ownership of free time for leisure practices in industrial societies and postindustrial. Searching is thus a conceptual framework that takes into account the kind of ideology that naturalizes the relationship of leisure with the foundations of contemporary media, and the media only with leisure, forgetting their insertion in the labor and industrial relations in society. We intend to demonstrate that every mode of production, in the capitalist system, entails a mode of reproduction. Methodologically, this is a first approximation, from theoretical concerns already performed, constituting a theoretical research, bibliographic and descriptive character. The results of the text drives us to the conclusion that the work and leisure spheres tend to be less and less differentiated, since both remain as activities of product management with the same intellective protocols, based on information and communication technology, and that accordingly, the media favors an expansion of productive activity even during leisure time

Gestão educativa gerencial: superação do modelo burocrático?

The study discusses the changes in public management and their impacts on the educational field from the adoption of the flexible model production. It is based on the assumption that the changes incontemporary societies were influenced by the need to reorganize the capital that, in crisis, tried to overcome the Taylor/Ford production model, by implementing a more agile, more flexible one to meet the current demands of the market. For the implementation of the new public management, the Latin American countries started to use strategies based on the business model and the criteria of efficiency, effectiveness and productivity. This new management paradigm advocated replacing the bureaucratic model of management by a decentralized model, with focus on customer service. These guidelines have a broad impact on the educational management and were disseminated by international organizations. Studies show that the management model has been unable to overcome the bureaucratic model of management that existed within the school, which is found in the transformation of a bureaucratic flexibility, consistent with the new model of production.