Imagens e contra-imagens do estado": considerações sobre a sociedade civil em Gramsci e Habermas

The theme of civil society has resonated significantly in the analysis of social science studies and has long been the center of public opinion, applied to a vast range of contexts, significances and political ideological connotations. Starting with such an unstable theoretical scenario, our research proposal scrutinized two civil society analysis traditions. Embodied by Antonio Gramsci and Jürgen Habermas, these politically conceptual differences are significantly divided into distinct interpretations of the relationship between the state and civil society. On one side, in Gramsci's work, we observe civil society as historically constituted through "molecular expansion of the state", organizing itself during its obligatory constitutive moment. On the other, Habermas shows us a civil society instituted from the structural differentiation process of society developed due to the contradiction existing between the different ways the state administration is organized, the economy and daily social interaction (in which it is found). As a consequence, civil society is no longer seen as a political arena and the hegemonic catalyst of the state, but as a social arrangement destined to increase the viability of the ethical and dialogical reconstruction of social life. It follows that the understanding of the distinctions between both models of civil society become crucial in the measure that they are divided in relation to the delineation of acting agents, fighting strategies, and to the objective of their actions.Despite the existence of analytical dissonance, we intend to outline the common points between both these civil society analysis traditions whose conflicting political action models lead us to a greater understanding of our contemporary political scene. This will be done starting with the systematization of both selected authors' principal categories, and through the introduction of the "contra-hegemonic public sphere" concept

A tutela constitucional da exploração de petróleo em águas internacionais em face do princípio do desenvolvimento sustentável: a possibilidade de responsabilização civil do dano futuro

The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atlântico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage

Método de avaliação do gerenciamento de resíduos em canteiro de obras da construção civil : proposta baseada em empresas construtoras da cidade de Natal-RN

According to great concern between the developed industrial activities and resultant impacts over the environment, an association of several factors have occurred, procedures to the efficient management of the rotation between economical development and the environment have been improved. A research in field have been realized inside building sites of companies in order to provide knowledge about the implemented and accomplish actions according to the resolution from CONAMA nº307. Trough the interview among the representations of the companies and photographic survey in loco, such as, what makes the companies implement this management, reutilization and recycling, transport and disposition. The present study had as objective: analyze the insertion of the used tools to residuals management, proposing improvements, in a way that it can be easily identified during the procedures execution in the building sites of the building companies of the city of Natal/RN. To reach the goal, in the first place a revision of the pertinent literature was performed; there for, it can be seen the relation between residues management and environment sustainability, once it happens in a continued way it may prevent the waste and reduces the risk that the activities way bring to the employees, community and environment; once found the great difficult faced with regard to labors, material, equipment, project, planning, costumer s interference, furnisher. And still, it could be verified wich materials generate greater indexes of residues in the works and the main occurrences of waste and loss. However a greater transparency is needed coming from the high administration in the commitment with the continued actions, to make it so, there must be a cultural change inside the company. There for there will be a greater productivity and quality of the under taking such as costumer s satisfaction

Gestão ambiental e competitividade no setor da construção civil :um estudo sobre a aceitabilidade de práticas ambientais no mercado imobiliário

This work investigates the importance of Eco-Materiais applied in the civil construction and the necessity of knowledge of the real estate market, showing the importance of application of recycled products where inserted inside of a bigger scope of the sustainable development which has the subjects as the ambient management. In the theoretical referencial boarded the recycled and perfectly ecological products that demonstrate the applicability of this type of products in the sector of the civil construction, beyond the economic and social placesThe main popouse of the real estate sector is to show the awareness and demonstration in the negotiation of property constructed with these products, therefore, already it is practised by the market of the civil construction where much time sao commercialized by real estate and the its correctors lacking in same knowledge that is more deepened on these materials, having this evidence been made with statistical application of questionnaire and analyzed with base. We finish showing the statistical results with application of 142 questionnaires in a universe of 145 real estate from Natal/RN. With this, we may say that today exists a very strong concern with the environmental laws and the generated ambient impact in the civil construction and that the real estate sector has a feeling that the necessity of if inserting in this process, therefore, the real estate market in our State is in expansion and sensible to the necessity of changes, since the Natal/RN meets in the script of the tourism the International demanding of the professional that a globalized knowledge works with property, so the necessity of understanding the environmental laws and understanding application of the echo-materias used in the construction will give a better quality of life and at the same time to protect the nature

Assédio moral na administração pública e a responsabilidade civil do estado

The social and economic changes of the last decades have enhanced the dehumanization of labor relations and the deterioration of the work environment, by the adoption of management models that foster competitiveness and maximum productivity, making it susceptible to the practice of workplace bullying. Also called mobbing, bullying can occur through actions, omissions, gestures, words, writings, always with the intention of attacking the self-esteem of the victim and destroy it psychologically. In the public sector, where relations based on hierarchy prevail, and where the functional stability makes it difficult to punish the aggressor, bullying reaches more serious connotations, with severe consequences to the victim. The Federal Constitution of 1988, by inserting the Human Dignity as a fundamental principle of the Republic, the ruler of the entire legal system, sought the enforcement of fundamental rights, through the protection of honor and image of the individual, and ensuring reparation for moral and material damage resulting from its violation. Therefore, easy to conclude that the practice of moral violence violates fundamental rights of individuals, notably the employee's personality rights. This paper therefore seeked to analyze the phenomenon of bullying in the workplace, with emphasis on the harassment practiced in the public sector as well as the possibility of state liability for harassment committed by its agents. From a theoretical and descriptive methodology, this work intended to study the constitutional, infra and international rules that protect workers against this practice, emphasizing on the fundamental rights violated. With this research, it was found that doctrine and jurisprudence converge to the possibility of state objective liability for damage caused by its agents harassers, not forgetting the possibility of regressive action against the responsible agent, as well as its criminal and administrative accountability.

A responsabilidade civil extracontratual do estado na prestação de serviços públicos de saúde

This study aims to examine the Brazilian legal model for the non-contractual liability of the state in providing public health services, from the perspective of threedimensional theory of law. Up based on bibliographical and documentary research, with emphasis on legislation, doctrine and Brazilian jurisprudence, the following conclusions were reached. The right to health is typified in the Constitution as a social fundamental right, and understands the pretension to obtain from the State, the supply of goods or the provision of services that reduce the risk of disease and other health problems; or promote, protect and recover the physical and mental well-being. Once violated the fundamental right to health, provides the managed, among other fundamental guarantees, the non-contractual liability of the state. The provision of public services by the state can be made directly through the Direct or Indirect Public Administration, or by recourse to private entities. In any case, the provision of public health services is entirely subordinate to the principles of administrative law and should be fully funded by tax revenues. As the provision of public health services is part of the administrative activity of the State, there is no way to exclude the application of the guarantee of non-contractual liability of the state in the face of the damage suffered by administered as users of these services. Therefore, it applies the theory of administrative risk, even in the event of harmful and illegal state failure.