Do controle de constitucionalidade dos atos jurisdicionais transitados em julgado

The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule

Ne bis in idem: limites jurídico-constitucionais à persecução penal

This legal research aims to demonstrate the prohibition in the Brazilian criminal system of a multiple imputation for the same fact in a simultaneous or successive way. For that it is developed a different idea of the subject. Through comparative, eletronic and bibliographical researches, the dissertation was accomplished in a way to establish the content of the foundations of the criminal procedural emphasizing as fundamental premise the values of the Constitution. In the first section it was demonstrated the limits of the theme and the objective of the research. After that, it was analyzed the basic function of the criminal suit which has the important mission of limiting state's punitive power. In the same way, the criminal procedure corresponds to a warranty of the citizens' freedom. In the same section, it is shown how it is possible to abandon the myth of the real truth in the criminal law system. In the third section of the research, there were pointed elements and definitions about the cognition object, specially the litigious object or "thema decidendum", and also the peculiarities of the judged cases. In the fourth section the subject about origins and evolution of the criminal procedure and its objectives in the legal system is developed to demonstrate its perspectives. Some aspects of the identity's concept of the presupposition of the facts are as well demonstrated in order to relate the theme to the prohibition of multiple imputation. There are also considerations about some other important aspects as the incidence of the legal rules and the possible change on the elements of the penal type. There are several comments about legal procedural in other legal systems comparing them to Brazilian's most elevated Courts. In the end it was systematized the limits to criminal imputation, emphasizing the defende's right as a foundation of the legal system. Is was registered that the ius persequendi can be exercised once

A prioridade absoluta na Constituição Federal de 1988: cognição do art. 227 como princípio-garantia dos direitos fundamentais da criança e do adolescente

The study undertakes the analysis of the constitutional warranty principle of the Absolute Priority of the children and adolescents fundamental rights concerning to the sense, reach, content, addressees and effectiveness. Then, we begin with the study of the Constitution, text where is inserted the principle on examination, opportunity on which it verifies the concept and conceptions of the Constitution, theories, functions, it normative power and the constitutional feeling. Soon after, the fundamental rights theory is analyzed, focusing your origin, importance, functions, protection, restrictions, duties, characteristics and effectiveness. Then, it is led in general to the place of the principles, moment that leans to their concept, evolution, functions, classification and characteristics. Finally, it is appreciated the principle of the Absolute Priority approaching to the meaning and reach, the normative force and importance, historical precedents, materialize rules, addressees and its normative power and enforcement

Desenvolvimento e efetivação da garantia a duração razoável do processo civil

The present paper aims at analysing the constitutional principle which foretells lawsuit s rational run warranty. We came from a principle standard-constitutional analysis, showing its historical descent, its position and hermeneutical extent which can be given to the dispositive text. Being based on the institute standard examination, we then went to infraconstitutional analysis of the rules related. We noticed that there are specks of legal and practical advancements, however there are also some clear limitations for the lawsuit s rational run judicial development and accomplishment. In short, it is about a principle-logical constitutional standard which must be more and more compacted

As organizações não-governamentais (ONGs) de atenção à criança e ao adolescente em Natal/RN: contribuição na garantia de direitos?

In contemporaneousness watches in Brazil the emergence of a "new" relationship between State and society based on partnership, which will allow the growing playacting organizations "non-profit" and "public interest" in the management of social public policies. In that sense, as part of a logic of global restructuring of the Capital, under the aegis of the neoliberal project, starting from the years of 1990, an administration model is had in favor of the market that looks for to minimize the actions of the State, reinforcing the outsourcing of the social public politics, and consequently, debilitating rights legally conquered. In that way, with this study it was pursued as general objective to apprehend the actions developed by Non-governmental Organizations NGOs in the child's area and of the adolescent in Natal / RN, verifying in that measured, these contribute to the warranty of rights or they reproduce practices of welfare work, and as specific objectives: to identify the group of the actions developed by NGOs in the child's area and of the adolescent in Natal / RN; to analyze the practice of NGOs of the point of view of the human resources, of the administration, of the financing, of the user's participation in the decision processes, as well as the quality of the services and the continuity of the actions of these organizations; and to apprehend the relationship between the researched organizations and users in the process of implantation of the actions, in order to identify the perspective that guide the practice of NGOs is going in the direction of contributing in the warranty of rights or in the reinforcement to the welfare work. In summary the results showed two trends in the actions of the NGOs, in the direction of the provision of services, which still unfurls in two perspectives of handouts. The other trend will give priority to the defense of rights of children and adolescents, with actions of political impact strengthen the promotion of public policies state, thus contributing to guarantee rights

O elo entre o serviço social e o judiciário: demandas, desafios e contribuições na defesa de Direitos

Unveiling the link between the Social Services and the Judiciary is the object of this work, since the judiciary is constituted as one of the socio-occupational areas of the profession in the sphere of the state, seize the demands placed on professionals which work becomes relevant , considering that these are embody the multiple expressions of social issues, constituting a challenge to social work, while influencing the contributions that the profession has engendered in the defense and expansion rights. It constitutes an analysis from the standpoint of theoretical and methodological basis Qualiquantitative taking for granted the rights violations against children and adolescents in their social, legal and historical guide to the topic. For this we used a theoretical Marxist Behring (2009), Colman (2008), Faleiros (2205), Faria (1999, 2001), Fávaro (2007, 2008), Iamamoto (1985, 1992, 2002, 2006, 2007) Yazbek, Marx (1983), Netto (1994), Nicholas (1984), Pequeno (2009), Rizinni (1997, 2008), Santos (2009), Sales (2006), Telles (1999), Tonet (2009), among others. Besides literature, empirical research conducted through semi-structured interviews using a script and written records and systematic observation / free during interviews. The subjects were 06 social workers from the area of the judiciary to act on Justice for Children and Youth, Family Court and NOADE in Natal / RN. The research aims to analyze the demands and challenges of Social Services and their contribution in ensuring and enforcing rights in courts nowadays. The route established between knowledge and method involves conceptual analysis on the Judiciary, Social Services, and Child and Adolescent Rights. Seize-up in this study the existing contradictions in confronting the multiple expressions of social issues in the context of the judiciary. The research allowed us to identify relevant aspects regarding the challenges and demands placed Social Service; limits on defense and expansion of their rights and contradictions within sociojurídico. For being one of the judiciary institutions that comprise the system warranty rights, social workers also face difficulties in implementing the professional doing since the ills posed by current sociability capital focus in everyday spaces socio-occupational presented here. On the other hand, is commendable acting those protagonists who believe, defend and contribute to the defense and expansion rights

“Eu quero ver se a justiça vai funcionar mesmo”: a resolubilidade dos casos de abuso sexual contra crianças e adolescentes no município de Natal/RN

This study presents the issue of Children and Youth sexual violence from a critical eye in assessing the actions of the organs of defense and protection in cases of sexual abuse against children and adolescents in the city of Natal / RN. We aimed to perform this evaluation from the investigation of 05 cases of child and adolescent victims of sexual abuse that were answered by Precinct Specializing in Defense of Children and Adolescents (DCA), considering the service flow of cases, the articulation between the organs that make up System Warranty rights (SGD), the record of the complaint, as well as the elapsed time between the record of the complaint and the accountability of the offender. Thus, the present study consists in an analysis from the quantitative and qualitative theoretical-methodological approach assuming 'sexual violence in their social, historical, cultural, legal and economic dimensions. The route established between the knowledge about the object and the method of analysis involved: literature about the conceptual discussion on sexual violence, analyzing quantitative data provided by DCA, as well as semi-structured interviews with victims and those responsible for the professionals working in institutions of the defense agencies. Is apprehended in this study that the situations of violence against children is a multifaceted phenomenon that has expressions from ancient societies, assuming a peculiarity in contemporary society to consider the juvenile population as subjects of rights. Furthermore, it was possible to identify the lack of effectiveness, with respect to the actions of the organs of defense in intervention situations of sexual abuse now investigated as yet not actually configure a process of articulation between these bodies from the perspective of ensuring rights and break the cycle of violence.

Processo de construção do conhecimento a partir do diálogo ensino-serviço na ótica dos profissionais de saúde

INTRODUCTION: In Brazil, the health training policies have been going through deep changes, which are the fruits of the sanitary reform and of the breakage with the biomedical model, still hegemonic. Nevertheless, the paradigm of comprehensiveness is being introduced in health and, in order to consolidate this concept, the training has been gaining new methodological approaches. One can mention the teaching-service interaction (education-health system/citizenship health), whose proposal enables the expansion of the perception of the health-disease process, as well as the warranty of compromises of training in relation to SUS. OBJECTIVE: Understand, from health professionals, the relevance of teaching-service-community interaction, vocational training of students of the Faculty of Health Sciences / UFRN. METHODOLOGICAL PROCEDURES: This study is grounded on qualitative approach. The technique used to obtain research data was the focus group. Two focus groups (FG) were accomplished in two family basic health units of the municipality of Santa Cruz – RN, where there is participation of professionals of the Family Health Strategy. The discussions were performed from a previously elaborated script. The analysis of results was held from the categorical thematic content technique. RESULTS: The study had the participation of 18 health professionals, and 13 (72%) were females. For these professionals, the teaching-service interaction enables the student to understand the model of comprehensive health care, since the contact with the community enhances its perception about the health-disease process, but also enables recognizing the importance of teamwork to comprehensive health care. FINAL CONSIDERATIONS: The results highlight the importance of a policy of reorientation within the context of training so that students have an early contact with the service and therefore develop technical skills within the context in which they are inserted.