Combater as secas e defender as florestas a natureza nos desafios da ciência e da técnica para modernizar o Brasil (1889 a 1934)

In the first decades of 20th century the just instituted Brazilian Republic faced the challenge to modernize the country. Considering that the progress was associated with the exhaustion of the forest reserves and with climatic changes, two big issues were seen as fundamental: To Fight the Droughts and To Defend the Forests; headed by professionals who were dedicated to these ideals. This research starts from the premise that these were the main challenges enforced by nature to the Brazilian development; the general objective was delimited in the search to understand the meaning and the conception of the natural world by this group of professionals who faced the shock between modernizing the country and conserving its natural resources. Aiming to contribute with the construction of the Brazilian environmental history and to bring historical elements to the debate about the environment in the country, the author concentrates his attention to the analyses, the discussions and the actions that preceded the regulation on the use of natural resources and the implementation of the environmental legislation in Brazil, occurred in 1934. The investigation uses as methodological basis the theoretical directions of environmental history, using sources of data still little explored and valued. In such way, it is taken as starting point some published papers about this subject during the period between 1889 and 1934 in two technical magazines the Revista Brazil Ferro-Carril and the Revista do Club de Engenharia. National engineering played a basic role in this process while arguing, projecting and constructing the development. The formulated proposals, after being divulged, had fomented the interchange with other professionals and had favored the advance of ambient questions in Brazil, in the sense to preserve natural resources, to construct more harmonic relations between the society and the nature and to equate the development with the environment preservation

Escrever o movimento: o cinema itinerante como reinvenção de uma estética do viver

La tesis parte del presupuesto que el cine ofrece la imensa capacidad de entretejer de forma compleja realidad e imaginación. Con eso sugerimos que tal cual una "escuela de vida", según la definición de Edgar Morin (2003), el cine, por medio de sus producciones y exibiciones, pude ser capaz de operar un movimiento de reinvención de una estética del vivir en el espacio de lo improbable. De ahi surge la pregunta: ¿Cómo un fenómeno artístico, estético e imagético puede realizar tal movimiento? Tomando como referencia el guión de vida del personaje de la vida real José Isaias de Lucena Filho, más conocido por Zezeco, encontramos pistas de esa reinvención. Residente de una pequeña ciudad del interior de la província de Rio Grande do Norte, llamada Ouro Branco, en la década del 1960, se desplazó hacia el centro-sur de Brasil y retornó a su lugar de partida con la idea de trabajar proyectando peliculas. De manera singular y plural, este sujeto asumió el riesgo y la incertidumbre de enfrentar determinismos sociales, climáticos y culturales para proponer nuevas simbolizaciones por medio del cine itinerante. La presencia del séptimo arte en pequeñas ciudades de hábitos rurales marcadas por la miséria, el hambre, la negligéncia, el coronelismo político y los problemas climáticos, alteró escenários, actualizó mitos y proporcionó nuevas interacciones entre los sujetos. Zezeco entró en las cifras del éxodo rural y emigró hacia Rio de Janeiro, pero su éxodo fue cinematográfico, porque le sirvió como base para la inserción de efectos especiales fantásticos y poéticos en guiones de vidas inmersas en lo trivial y lo contingente. Tal cual un cinematógrafo vivo, capturó el escenário cultural efervescente de Rio de Janeiro y lo proyectó en la pequeña ciudad de Ouro Branco y en otras ciudades del interior de las províncias de Rio Grande do Norte y Paraiba. Con ello le atribuyó un nuevo uso a la vida de su lugar de partida y de retorno. Actuó en la ambiguedad, la ambivalencia y la complejidad entre el sapiens e el demens; real e imaginario; prosa y poesia de la vida; razón y pasión; racional y simbólico; lógico y mítico. El alcance de la investigación contempla entrevistas, memória, registros manuscritos y fotografías de colección particular de habitantes de la ciudad de Ouro Branco-RN. Como referenciales teóricos principales, tenemos las obras de Edgar Morin sobre el cine y de otros autores como Giorgio Agamben y Maria da Conceição de Almeida que expanden la comprensión sobre el entreejido de realidad e imaginación, vida e ideas

A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

O quinto momento do homem: ética e dignidade

This work has as objective to rise stages of the human beings dignity evolution and its superposing with the entirety and the men s activities development, until its elevation as a constitutional principle and its evolution as a judicial decisions vector, being important to register that conviction ethics or convenience ethics imposes the existence of the constitutional principle. Human beings dignity principle deals about a historic and cultural, politic and social and economical construction, whose sloping is violently imposed to the production resources, which drives the present work through a trial of clarifying and aggregating all those nuances of the men s stages until they find out, welcome and construct the human beings dignity in all its subjective and objective aspects. The adopted research method was based in historic enrolment of the appearance among people since the bases of the word dignity until the acceptation of this value in the Brazilian society. This research searched dignity s doctrinaire valuation at the juridical point of view and the way of appreciation of this value, in its condition of constitutional principle, by the Brazilian Judicial Power. The work concludes that man and Law s evolution, in this moment, exposes, necessarily, an ethical posture in favor of dignity

A Experiência como ordenação da realidade: uma estratégia orgânica para a educação científica

Knowledge is understanding. According to the philosopher Gaston Bachelard our immediate contact with the reality is only worth as confusing and provisional data. This phenomenological contact requires inventory and classification. For this reason our first reading on any phenomenon is limited to a basic levels of reality. Elements such as dynamics, functioning or detailed characteristics of what is observed can only be accessed at higher levels of reality, explains the physicist Werner Heisenberg. The ideas woven by these two great intellectuals oxygenates the notion that a well-made thinking does not require only observation and description of the nature, but assigns value and meaning to the knowledge. Based on these ideas and on the cognitive horizon brought by the complexity sciences, this research aims to nurture a reflection on our understanding of the world built from a rational perspective of experience, as an organic sequence of research. This arguments, over the study, describes how the experience is able to oxygenate a well-made thinking, as the concept created by Edgar Morin and expanded by Conceição Almeida. I argue that the experience as a path of investigative research allows one to ventures in the shadows of the unknown to access upper layers of reality. The experience is, therefore, an organic strategy for a well-made thinking - A nutritious mud that oxygenates, regulates, repairs and configures the quality of understanding. As a thread to discuss this ideas I've used my professional journey over a year and a half as a Natural Sciences' teacher on the Federal University of Rio Grande do Norte, where I could see how experiences helped on breaking a simplified understanding of the world. I chose to work with the research problems developed by 398 students over these three semesters. The problems were essential to the questioning of the phenomena that once seemed obvious or uninteresting, bringing out operational reasons and dynamics of the observed structures. Experience, in this sense, is the founder of dynamic thinking, as the need to deconstruct the phenomena's first impressions, assigning value and meaning to gestated knowledge.

Aplicação do exame da proporcionalidade diante da implantação de empreendimentos eólicos em áreas de preservação permanente

The setting up of wind power enterprises at Permanent Preservation Areas reflects the obvious conflict and necessary convergence between free market and energy security on the one hand, and the promotion of environmental quality on the other. From the perspective of energy sustainability, and in order to achieve development (in its complex meaning, which converges economic, social, environmental and cultural aspects), the harmonization between free market and an ecologically sustainable environment is required. This work aims to identify the link between the protection system of the Permanent Preservation Areas and the current constitutional order, by analyzing the implementation of wind power enterprises in these protected zones focusing on the proportionality aspects. A legal and purposeful research was developed, from a theoretical method, followed by collecting and analyzing both primary and secondary data. From these data, the law, the legal literature and judicial decisions were cross-examined, under the light of the Constitution and guided by the theory of proportionality and related development imperatives. In this context, the present study identified the link between the principles of the economic order, environment and energy law, finding their basis under the Federal Constitution and development. By reproducing this interrelationship and by means of post-crisis institutional reforms, the guiding objectives of the Brazilian electric sector began to corroborate the precepts of development, although issues regarding its sustainability still persist. The appraisal of proportionality indicates that the Permanent Preservation Areas protection system is insufficient to materialize the right to a healthy quality of life upon the implementation of wind projects at Permanent Preservation Areas, albeit seeking the harmonization between free market and environmental protection.

Aplicação do exame da proporcionalidade diante da implantação de empreendimentos eólicos em áreas de preservação permanente

The setting up of wind power enterprises at Permanent Preservation Areas reflects the obvious conflict and necessary convergence between free market and energy security on the one hand, and the promotion of environmental quality on the other. From the perspective of energy sustainability, and in order to achieve development (in its complex meaning, which converges economic, social, environmental and cultural aspects), the harmonization between free market and an ecologically sustainable environment is required. This work aims to identify the link between the protection system of the Permanent Preservation Areas and the current constitutional order, by analyzing the implementation of wind power enterprises in these protected zones focusing on the proportionality aspects. A legal and purposeful research was developed, from a theoretical method, followed by collecting and analyzing both primary and secondary data. From these data, the law, the legal literature and judicial decisions were cross-examined, under the light of the Constitution and guided by the theory of proportionality and related development imperatives. In this context, the present study identified the link between the principles of the economic order, environment and energy law, finding their basis under the Federal Constitution and development. By reproducing this interrelationship and by means of post-crisis institutional reforms, the guiding objectives of the Brazilian electric sector began to corroborate the precepts of development, although issues regarding its sustainability still persist. The appraisal of proportionality indicates that the Permanent Preservation Areas protection system is insufficient to materialize the right to a healthy quality of life upon the implementation of wind projects at Permanent Preservation Areas, albeit seeking the harmonization between free market and environmental protection.

Combater as secas e defender as florestas a natureza nos desafios da ciência e da técnica para modernizar o Brasil (1889 a 1934)

In the first decades of 20th century the just instituted Brazilian Republic faced the challenge to modernize the country. Considering that the progress was associated with the exhaustion of the forest reserves and with climatic changes, two big issues were seen as fundamental: To Fight the Droughts and To Defend the Forests; headed by professionals who were dedicated to these ideals. This research starts from the premise that these were the main challenges enforced by nature to the Brazilian development; the general objective was delimited in the search to understand the meaning and the conception of the natural world by this group of professionals who faced the shock between modernizing the country and conserving its natural resources. Aiming to contribute with the construction of the Brazilian environmental history and to bring historical elements to the debate about the environment in the country, the author concentrates his attention to the analyses, the discussions and the actions that preceded the regulation on the use of natural resources and the implementation of the environmental legislation in Brazil, occurred in 1934. The investigation uses as methodological basis the theoretical directions of environmental history, using sources of data still little explored and valued. In such way, it is taken as starting point some published papers about this subject during the period between 1889 and 1934 in two technical magazines the Revista Brazil Ferro-Carril and the Revista do Club de Engenharia. National engineering played a basic role in this process while arguing, projecting and constructing the development. The formulated proposals, after being divulged, had fomented the interchange with other professionals and had favored the advance of ambient questions in Brazil, in the sense to preserve natural resources, to construct more harmonic relations between the society and the nature and to equate the development with the environment preservation