O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

Contribuição da teoria do caos para a gestão do turismo: uma análise a partir da percepção dos gestores da hotelaria de Natal/RN

O presente estudo tem como objetivo analisar como os gestores da hotelaria percebem a relação da teoria do caos e turismo, descrever como é pensada e concebida a gestão do turismo; mostrar as características caopléxicas do turismo e sua gestão e identificar os elementos do padrão estratégico de gestão e planejamento na visão dos gestores dos Meios de Hospedagem. Os dados foram obtidos através da observação direta intensiva e aplicação de entrevistas aplicadas junto aos hoteleiros da cidade de Natal/RN. Constata que as teorias da mudança e do caos proporcionam visão do conjunto de relações, aspectos e implicações do turismo, com base nas incertezas e instabilidades ambientais e de mercado. Mostra que a maioria dos modelos de análise, planejamento e gestão do turismo ainda é limitada, em razão do seu caráter linear e unidimensional. Destaca que o objetivo da teoria do caos é fornecer explicações dos fenômenos, não é fazer previsões, pois é impossível prever o futuro a longo prazo. Trata das estratégias de gestão como geradoras de novas fontes de incerteza, pois a realidade não pode ser completamente representada por modelos. Ter consciência desses fatos significa, entretanto, considerar o campo de múltiplas possibilidades e oportunidades da mudança e do caos na gestão do desenvolvimento do turismo. Essas idéias foram aplicadas à análise da gestão do turismo na localidade investigada. Os questionamentos levantados no estudo pautaram-se em pesquisa bibliográfica, fundamentada, principalmente, em autores como Beni, Prahalad, Mintzberg, Ritto, Senge e Hamel. Conclui-se que na era do conhecimento, as organizações que continuam presas ao paradigma mecanicista têm dificuldade de acompanhar as mudanças do mercado e sendo a hotelaria uma indústria de serviços que tem características organizacionais complexas e adaptativas, é imprescindível que os empreendimentos hoteleiros funcionem como sistemas interativos, que acompanhem as mudanças de um mercado tão turbulento e instável tendo na teoria do caos e da complexidade uma das possibilidades de compreender a realidade fora do modelo mecanicista.

Preceptoria em profissionais de saúde: viabilizando meios para uma formação pedagógica em hospitais públicos em Natal-RN

This study aimed to construct and carry out a distance course of pedagogical training for health professional performing preceptorship functions in public health institutions. The preceptorship in health is a pedagogical practice that occurs in workplace, led by assistance professionals with teaching position or not, where the vast majority of these acts intuitively, reproducing their own training, confusing transmitting information with education. These preceptors often do not dominate the pedagogical knowledge, necessary for the organization of training activities, such as the various teaching-learning processes and the different assessment types. Student supervision is essential in the training process of students in the health field, and on the occasion of supervised internships that the teaching-learning process is based on practical experience with participation in real life situations and professional work. It was realized an exploratory study, descriptive with qualitative approach, with the development of tutoring teaching course in health as final product. Applied semi structured research instrument from may to july 2014. It were evaluated 162 health professionals who perform the preceptorship, which made it possible define the preceptor's profile and identify the educational requirements related to the educational process, which justified the construction of the program content and the professionals’ perception analysis about preceptorship through identification of three categories: clinic knowledge valuation; valuation of professional orientation and valuation of professional future. The course was available on distance mode through Moodle platform with forty hours of work load from October to November 2014. With the aim of capacitate the health professionals to development of necessary abilities and skills to tutoring performance through thoughts about tutoring concepts, professional training within the curricular guidelines and SUS precepts, the role of health professionals as educators, application of active teaching methodologies, and evaluation methods. The applications were done online through the provided link; 300 vacancies offered, 243 professionals applied, chosen 134 that works on tutoring, where 49 represented professionals that works on the location of the study. The course lasted 45 days, and counted with tutors responsible to interact and evaluate the students. 28 professionals joined the course, 12 concluded. Opportunities were identified to stimulate the involvement, however the professionals’ satisfaction shows that, make an investment on tutors education, starting from the Permanent Education precepts, will provide a bigger appropriation of the knowledge to the education and therefore the awareness of their role as an educator on work ambit, proportioning essential tools to tutors act while enabler of integration between theory and practice and result better teaching-learning process.

O envelhecimento no espaço midiático: a produção de sentidos pelos meios jornalísticos

Aging as a social phenomenon is guided in the ways of production and reproduction, that is linked to the peculiarities and compliances of the social structure influence the values and erected senses. The search for the understanding of the reality will be given by the appropriation of knowledge/information that in contemporary times are increasingly tied to the media means, so that they go beyond the mere condition media, reaching the condition of instruments of direct, attitudes and opinions production. Among the media instruments, there are news medias, that are important means of information dissemination and consequently production of senses, including over aging. Thus, the objective is to: apprehend the social representations and meanings associated with aging in the media space about aging; browse the social representations about aging in media space and their influence on the relations that are established in the cultural socio-economic context. To do it The Theory of Social Representation will be used. To collect the data, 57 online news from the three main state newspapers were studied: Tribuna do Norte, Gazeta do Povo and Jornal de Hoje, which were captured through a search tol of these newspaper sites, using the words: “aging””elderly”. These materials were analyzed making use of Bardin’s Qualitative Analysis, which allowed the establishment of five categories, namely: Aging and violence; Aging in contemporary times; Aging and health; Aging and citizenship; and Aging, work and action. In the first category news reporting violent situations are framed the regardless of the victim’s condition or the one charged by the violence, the fragility of elderly persists. In Aging in contemporary times the attempts of the news media to explain the demographic changes of the quantitative increases in the elderly, the burden it may lead to the full development of the country are noticed. In Aging and health is noticed the imminent end of the condition brought on age, as a synonym for diseases and conditions. In the fourth category, Aging and citizenship situations are shown where peculiarities and needs or the elderly need to turn into obligation to be fulfilled, denouncing the condition of low expression and social power of the class. Finally, in Aging, work and action situations that indicate the non-expectation of elderly interaction with new technologies and participation in decision-making directions of society are brought. In a general and specific form this analysis allowed learning the ways of production of meanings about aging in the papers, as these ones tend to represent aging through intentioned situations as hegemonic needs, building the social representation of the elderly as fragile person, submissive, inactive, subject to violence and susceptible to becoming ill.