13 resultados para Statute of frauds.

em Universidade Federal do Rio Grande do Norte(UFRN)


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This paper presents some reflections on the social world of young female transgression. The context corresponds to those ones that obey social and educational measures in The Padre João Maria Education Centre (CEDUC), in Natal- RN. This behavior, according to the Statute of Children and Young (ECA, 1990), is defined as "conduct described as crime or misdemeanor." Our goal is to discuss aspects of the contexts in which young women are interacting with the universe of total institutional control mechanisms. Through the socio-anthropological analysis of the ethnographic practice in field research, it was necessary to question the concept of misuse engaged in the practice of penalties awarded to young women in the context of private freedom. So was built a frame relating the representations of the relations of gender, generation, the practice of violence and crime from the look on CEDUC/ Padre João Maria Education Centre

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The reality of Latin America points out that the industrialization and urbanization are complementary processes associated each other. Thus, by consequence of the demographic growth, observes the aggravation of an urbanization completely disordered and without infrastructure capable of guaranteeing rights and basic services to the population. In parallel, the dissemination of information, the valorization of human dignity, promoted by social welfare, and expectations of consumption aggravates the tensions among social actors, leading to the Theory of the Right to Development to worry about the (re)construction of cities. Before this reality, the Federal Constitution of 1988 proposed a participatory urban policy, grounded in the ideal of confrontation of social exclusion of a more comprehensive, represented by the principle of the social function of cities, which must be stratified into four inclusion´s central axes, namely: the social in the strict sense, the economic, the cultural and the policy. The Analysis of each of these dimensions, keeping the focus on reality and the Brazilian legal system, composes specific objectives of this work. Thus, through deductive research, with use of technique bibliographical and interdisciplinary, this dissertation aims to make connections between social function and development, proposing an analytical concept for the proposing an analytical concept for the principle of social function of cities, through the study of its basic elements. With this, purports to demonstrate how results, firstly, that the juridical study, to fully understand the process of marginalization, must maintain multidisciplinary perspective, own social sciences. Also aims to demonstrate that the dimensions of inclusion are formed by fundamental rights, individual and collective, of liberties and of social guarantees and that without respect to all of them there is no way to talk about implementation of urban development and nor, consequently, about inclusive cities. At the end, after checking the main legal instruments of urban policy that emphasize the community participation, provided for in the Statute of the Cities, and that potentiate the breakup of the circles of exclusion, the work want contribute to the clarification and the awaken to the importance of a new perspective democratic of development in the country, grounded in the appreciation of the individual for realization of modern management, decentralized and that, therefore, inserts the effective participation of urban communities in the acting of the State

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The main goal of this work is to verify the presence of the principle of human dignity, determined by the Constitution of 1988, when Socio Educational Acts from the Statute of Children and adolescent were put in practice, focusing on the treatment designated to the youth whose acts were against the law in the city of Natal, as well as the difficulties to match the legal texts and its reality. It is common knowledge that the law for children and adolescent was based in the principle of human dignity, for its institutes say so. But would the Law match the practice of Socio Educational Acts? Or this law would be an example of good intentions that never left the paper and became reality? First there is an approach on the human dignity principle, with its definition and limitation, according to a theory about the theme. Afterwards it is made a connection between human rights and the principle of human dignity considering historical and social features, for the law is also a reflect of these transformations, we try to show the different laws the country had until today, concerning the children inflicted by poverty and those whose acts were against the law, since the rodas dos expostos, the phase of irregular situation, in which the children were arrested simply because they were beggars, until present time. The theory aspects are shown beside a field research made with the adolescent and staff from CEDUC/Natal, producing a critical view about the subject and showing some solutions for the problems found. At last, it is made a critical analyses of the problems detected on the field research, and, in some cases, a suggestion is given to change the reality

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This work broaches the participation of the Jewish community in the urban expansion of Recife, Brazil, during the Dutch period (1630-1654). With the arrival of the Dutch, the village of Olinda, former capital of Pernambuco, was destroyed and Recife received the juridical statute of city (stad), becoming the capital of Dutch Brazil or New Holland. It became the main West Indians Company s entrepot in South Atlantic, serving as naval base, port of call for ships, and point of export of the sugar production of Pernambuco, and import of European goods and African slaves. In order to such administrative, military and economic functions be carried out, the sand isthmus where Recife used to stay, and the fluvial island of Antônio Vaz, received improvements of many sort. The Dutch hydraulic technology was put in practice, with a posture of opposition between civilization and nature. Among military works and production of urban equipments, the rivers shores were land-filled, canals were built, bridges were lifted, and hundreds of buildings were erected. The civil Dutch population of Recife engaged in the process of production of physical space, which brought a sense of collective action towards the formation of the urban, or burgher, community. From the physical to the social space, there was an effort towards Dutch cultural standards in the urban environment. The Zur Israel Jewish community, formed by private civilians, it is, nonemployees of the WIC, engaged in those processes. It produced physical space through the land-filling and improvement of non healthy areas, and was also responsible for the construction of a significant section of the town s buildings and some of urban equipments, such as stores, markets and slave-warehouses, making more dynamic their economical activities. But their social traffic was due to the adaptation of their behavior to the standards of Dutch sociability. Thus, the community body made itself part of the social body. Disposing of internal selfregulation, it produced spaces with their cultural references cemetery, synagogue, texts enjoying benefits of the government. Zur Israel inscribed itself in the universal history of the Jews as the first community of Americas, and had a fundamental part on the emancipation of Jews within Western society

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Intrafamily sexual violence against children and adolescents is a highly complex and serious issue in terms of the damage caused to this population. However, despite the relevance of this discussion, the matter only began to be addressed in the second half of the twentieth century, with its inclusion in academic research from the perspective of damage caused to the victims. Debate on intrafamily sexual violence against children and adolescents has intensified in recent decades, particularly with the enactment of the Statute on Children and Adolescents (Federal Law 8069/90), which recognizes children and adolescents as rights holders. Open discussion on the issue meant several fields of knowledge began to study the topic. Particularly prominent among these areas is the field of Psychology, promoting theoretical discussions and practical interventions focusing on this type of violence. Given the theoretical and methodological diversity of psychological science and the many possibilities for the production of knowledge, this study aims to map and debate research conducted in the field that discusses intrafamily sexual violence against children and adolescents in Brazil. To that end, articles published in Psychology journals were analyzed. In order to achieve this objective, a search was conducted of Scielo Brasil using descriptors on the subject, chosen from a list reported by Faleiros (2000). The time frame studied was between 1990 and 2013, therefore included the date of the enactment of the Statute of Children and Adolescents. Qualitative analysis was selected as a data analysis technique around two main themes. The first involved analyzing the concept of intrafamily sexual violence based on its components. The second analytical theme addressed the theoretical and methodological strategies used by the authors. The aim was to identify and discuss the approaches chosen to achieve the proposed objectives as well as the justifications provided by the authors for their research. Analyses of these themes were based on theoretical discussions on intrafamily sexual violence against children and adolescents. Difficulties were identified in conceptualizing intrafamily sexual violence so as to include all its elements and differentiate it from sexual exploitation. The studies assessed showed substantial diversity in both the theoretical and methodological approaches used, contributing to understanding the phenomenon. It is expected that this study will contribute to reflection on intrafamily sexual violence against children and adolescents, promoting new studies and/or practical interventions

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Guided by the social-historical perspective, this research aimed to understand how the adolescents in Assisted Freedom measure have meaning the family institution. The Pastoral Minor, located in the city of Natal, was chosen as space of investigation, whose social-educative program is the source of our concerns about the attendance of adolescents in conflict with law. The corpus was accomplished, mainly, through the individual semi- structured interview with four adolescents and seven of their relatives that participated of the research. We use another instruments to constitute the corpus, like the documental research of the technical reports on the participants of program files, and the registered notes in the field diary. As resource to data treatment, we use the Thematic Content Analysis. The data discussion was focused on the three thematic units that emerged: Family, Social-Educational Measure, Family and Social-Educational Measure. On the adolescents perspective, the family configures as a group based on the existence of affective bonds. Despite of the vulnerability of their familiar reality and their wish for freedom with their peers, the affective bonds revealed it as being important in their lives. This study, glimpse possibilities to contribute for the construction of public politics and attendance programs, that can be closer of the social-familiar reality of the adolescents who are in conflict with the law and, in this case, to promote their access to the statute of subjects of rights

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This work deals with the problematic of the determinations that contribute to become the adolescents involved with law. Thus, in this research, the social exclusion is apprehended as one of the most important determining to understand this problematic, once we defend that it is part of the trajectory of this adolescent's life since its birth as a punishment that starts before they becoming envolved in act's that break the law. It is still questioned the discussion of the reduction of the penal age, viewed aa a proposal that will contribute to perpetuate the repression. The objectives of the research were: analyze the problematic of adolescents in conflict with law, where social exclusion is seen here as a main category. The research also aims to understand the situation towards social exclusion and that this public is undertaken in the state of Rio Grande do Norte, more specifically in Natal. This is dane through analysis of the profile of adolescents that are submitted to the treatment at Centro Integrate de Atendimento ao Adolescente Acusado de Ato Infracional - CIAD in 2005. This is dane on arder to identify of the State's and society's actions towards this issue, how it has prevailed in analyzing if there is punishing or social protection. The research also contributed with discussion towards the non penal reduction of for underage minors. The approach realized if of qualiquantitative nature. The research was realized with 190 male adolescent subjects, age ranging from 12 to 21 that were interns at CIAD in the year of 2005. The research shows that their fundamental rights (education, health, amongst others) are disrespected on a daily basis by the State. The State prioritizes economic issues, making social inequality more profound. The main argument is that this problematic has its main oring in the social exclusion and it is imposed to the adolescents as a punishment before thes have been involved with the law going on top of the social protection. When the adolescent goes from being the victim to executioner, the Statute of Children and Adolescents is questioned by many sectors that defend the reduction of penal minority as a solution to reduce the country's violence. Thus, it was aimed here to discuss arguments that point to non exclusion, discrimination and repression. It is proposed that the State should assume children and adolescents as a priority, implementing what the statute establishes as well as assures related to the fruition of denied rights as a way to prevent their future involvement with violence

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It understands a study made concerning the main aspects of the Agrarian Reform and the Agricultural Nestings of the Rio Grande do Norte. For in such a way an inquiry became necessary initially on the origin of the Brazilian agrarian concentration passing for the donation of Sesmarias, Land Law, Statute of Land and Ith National Plan of the Agrarian Reformation, as well as of the Social Movements of fight for the land appeared since century XIX: Canudos, Contestado, Cangaço, Ligas Camponesas and MST. Drawing the fight for the land in the Rio Grande do Norte, we rescue the component elements of the first indications of the Agrarian Reform and formation of Agricultural Nestings in the State. In the attempt to unmask the current situation of the Settlements, we investigate some concerning aspects to the conditions of life of the seated ones, that it is marked by innumerable problems that go since the lack of water until the a precariousness of the infrastructure and presence of services, over all with relation to the education and health. For in such a way we work initially on the basis of diverse bibliographical readings, together data-collecting the official agencies and some directly involved entities with the Agrarian Reform in the RN. We utilized also the research of field in 27 Settlements of different Microregions of the State that consisted of the application of interviews together to the leaderships of these Settlements and application of forms with the seated families who resulted in a bigger knowledge concerning the reality of these areas that integrate the Politics of the Agrarian Reform

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According to the Statute of Children and Adolescents (1990) children and adolescents are conceived as subjects of rights, with absolute priority and development peculiar condition. Thus, if these rights were violated or threatened, will be applied protection measures. Within these measures, in that Statute, the foster institutional is proposed, with transitional and exceptional character. When the child goes out from family and community life, and she is upheld in an institution, the child is placed in a new development context, therefore, with new people, new places, and new relationships. According with Socio-Historical Psychology, theoretical support of this study, each context presents specific demands of socialization that influence child development and her subjectivity is constituted through the relations that the subject establishes in each context. These contexts bring challenges and proposals for the child and she needs to respond these. Then, whereas he is in relation to the other, in this moment, the subject is constituted, the interactions established during the foster institutional will be of paramount importance to the child. Among these interactions, we can cite situations involving aspects of moral development, specifically those that can ask (or not) the exercise of the virtues. About the intersection between these actions can then arise care actions beyond those involving the attending of an emerging need. The objective of this study is to investigate the presence of relation everyday permeated by care actions among children in foster institutional. For the scope of the objective three children were participated, with three years old and in foster care measure. The research is qualitative and the procedure for building the corpus was, mainly, the participant observation. Procedures with video and history in books were also used as supplementary procedures. The analysis of the corpus was made through Thematic Content Analysis, the episodes were grouped into analysis categories pre-and post-established. The preestablished were care actions related to body care, care actions related to socio affective aspects, and care actions related to body care and socio affective aspects simultaneously. The two post-established categories were dismemberment of the preceding categories, called care actions developed in child-child interaction, without the intervention of an adult, and care actions developed in child-child interaction, with direct intervention of the educator. The analysis indicated that in the everyday interaction between foster children, they identify the physical and emotional needs of each other foster member, and they are willing to help them in whatever way they can, emphasizing the importance of play and playful moments like mediators about these interactions. The care actions observed are based on children´s concepts and interpretations made from their experiences and largely refer to maternal care. The condition of being away from their family life can be an element that enables these actions. Finally, this study reaffirms the importance of designing the foster institution as a socialization and care space. It follows the importance of valuing and strengthening the positive aspects that arise in the relationships established by the children in this context, including the care actions, the research objective, which are components of the subjectivity of these children

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The normative construction of the public security system in the Constituent Assembly of 1987-1988 preserved paradoxical normative space, the military police linked to the Army with a restrictive legal statute of the police offices citizenship through a hierarchical and disciplinary model that is anachronistic. This research originates from the following problem: How is it possible to tailor the constitutional system of public safety, specifically the Military Police, according to the democratic paradigms constructed by the Constituent from 1988 and carry the right to public safety under these molds? The militarists limitations of the Constitution allowed the growing militarization of police departments, organizational culture and authoritarian institutional practices. Underlying this, the problems related to difficulties in realization of Right to Public Safety, the strikes of the military police, the incomplete policy cycle started demanding from the constitutional-legal system appropriate responses. Utilizing the dialogical method and an interdisciplinary approach to the subject, and theoretically grounded in overcoming of the constitutional normativist juspositivism.It was found that the constructed infraconstitutional legislation was insufficient to supply the systemic shortcomings of constitutional law, when looking to create a single system of public security without giving due scope to the federal principle and expand the autonomy the Federated States, and even grant democratic legal status to the military police. Formal legal limits imposed by the Constitution constructed a legal anachronism, the military police. Thus, a democratic reading of military police institutions becomes inconceivable its existence in the constitutional regulatory environment. Thus, reform the Constitution in order to demilitarize the police and conduct a normative redesign of the public security system is fundamental to Brazilian constitutional democracy

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The results of the research systematized on this analysis sought apprehend the linkage of the socio-educational service network, destined to adolescents who comply with socioeducational measure of confinement, in the region of the Seridó of the state of the Rio Grande do Norte, especially in the city of Caicó, central town of this region. The achievement of this study was stimulated by the interest in unraveling the contradictory reality imposed by neoliberal State, sparing the guarantee of rights, especially to these teens, who are seen as authors of violations and are stigmatized by capitalist society. The research was carried in the period July-September 2013, under critical perspective, using the documental analysis and the observational techniques and interviews with professionals of the Educational Center (CEDUC), of the Unified Health System (SUS), of the Social Policies of Social Assistance, and of the State Department of Education, which should make the service network that gravitates around the National System of Socio-educational Services (SINASE). The Statute of Children and Adolescents (ECA) and SINASE define that the application of socioeducational measures cannot occur isolated of the public policies, becoming indispensable the linkages of the system with the social policies of social assistance, education and health. However, it was observed that the neoliberal logic of the capitalist State has developed broken, disconnected, focal and superficial social policies, who fail give effect to the rights acquired beyond the legal sphere. In this perspective, it is possible affirm that the everyday of the Brazilian poor teens is marked by the action of the State, which aims to control those who disturb the order of capital, who threaten the production, the market, the consume and the private property. This way, actions are promoted criminalizing poverty and imprint a legal action over this expression of the social issue to the detriment of social policies that meet the real needs of adolescents. Face of this reality, it becomes necessary to put on the agenda of the here and now to fight for rights, aiming at a broad public debate involving professionals, researchers and social movements in support of the viability of rights, which aims to support reflections and to strengthen ways to confront this social problem. With the approximations of this study, it was learned that the struggle for rights is a fight for another project of society, beyond what is laid.

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This work consists of a discussion, analysis and reading of Borges’stories, in that the problem of interest pronounces to the language, to the speech and the deed, sending them so much to the Literature with relationship to the Philosophy, so much to the statute of the ficcional, with relationship to the of the ontologic. In that optics, it intends to show the Borges deed as warp of the death, of the allegorical and of the metaphorical, in the sense of bringing for the ficcional lines different from the Real, elaborating the speech for besides the statement, reaching the interstic, the silence, the interruptions and the suspension of the representation. In that discursive elaboration, a crossing is pointed in the letter, affected for unspeakable sensations, crossing the processes of memory, imaginary and real, in which the time counting makes to emerge the difference and the repetition. In these if constituting territorial negotioting that they lead the characters to imaginary spaces as possibilities of the real, allowing them executes mobility for desterritory it self and reterritory itself, according to the change forces that show in your threshing. For so much, it is placed as mark a bibliographical research orientated by authors as Maurice Blanchot (2008), Kátia Muricy (1998), João Adolfo Hansen (2006), Susan Sontag (2007), Mário Bruno (2004), Juan Manuel García Ramos (2003), Elizabeth Kübler Ross (2008), Walter Benjamin (1984), Gilles Deleuze (1997; 2006; 2009), Gilles Deleuze and Félix Guattari (1995; 1996; 1997). The theoretical corpus and of discussion, it is constituted to leave of those authors, assisting to the implicit qualitative character in the construction of this thesis. What about to the literary corpus, this is composed by the stories The writing of the God, The two kings and the two labyrinths, The lottery of Babylon, The metaphor, The library of Babel, The mirror and the mask, A theologian in death and The dead man.

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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.