Hermenêutica constitucional e fficácia dos Direitos Sociais

The present research has, as general objective, to seek a constitucional hermeneutics directed toward the improvement of the efficacy of the social rights rules, with the purpose to solve the elapsins problems from the general picture of its inefficiency, which are disposed on the Constitution, in its ample majority, as mere regular norms. Leaving of the premise that no Constitutional norm can be without being materialized and the true development of the State is it the social one (based on the principles of freedom, equality and solidarity), it will be demonstrated that the arguments in favor of the legislative inefficiency configure a true blow on the Democratic State of Brazilian Law. For this, it will be done, preliminarily, a study of the basic rights, legal category where it is found the social rights. To follow, it will be analyzed the hermeneutics of the legal norms, with emphasis on the specifics of the constitutional hermeneutics and its methods of interpretation. Finally, the aspect on the improvement of efficacy and the effectiveness of the social rights will be studied, through a new readind of certain dogmas that still persist in the legal world, being distinguished the institutiones of the reserve of the possible and the existential minimum. Ahead of this, after verifying the new paradigmas of the interpretable activity, will be demonstrated how it is possible to get an upgrade on the effectiveness of the social rights

Cooperação e competição entre políticas no Brasil: os cursos da governabilidade no presidencialismo da catalização

Public policies have been studied in the various fields of humanities and social sciences, from different theoretical and technical aspects. However, there is still a lack of studies that incorporate the dimension that encompasses the political action and its interference in such actions, also recognizing the importance of the institutional setting of the Brazilian presidential model in implementing these policies. This fragmented and multiparty system has led to power heterogeneous sets of political parties. Thus, the ministerial offices, more than assisting the President´s government project, manage particularized agendas, which are party biased and have the influence of interest groups in hegemonic themes addressed by government agencies. When these agendas operate in sectoral and specialized policies, the friction level is apparently low. However, when this occurs in intersectoral actions, such as in regional development, there is evidence of strong signs of competition among government agencies, which in theory, should operate in an integrated manner. Although this is not a specific feature of Luiz Inacio Lula da Silva´s government- the period to be studied- there was similar behavior in Fernando Henrique Cardoso´s presidency, one realizes that the expansion of coalition on behalf of governance is increasingly interfering in the outcome of intersectoral public policies, due to these multiple arguments in action. In order to understand these processes, this study focused on the Sustainable and Integrated Development Programme for Differentiated Meso-Regions (PROMESO), part of the National Policy for Regional Development (NPRD). The program provides interface with various government agencies and their public policies in a clear intersectoral design. The research sought to identify and analyze the relationships between government agencies and their programs with interest groups, whether political parties or other segments of civil society, highlighting the logic of favoritism, which poses in second place the integration of actions in the intersectoral policies. Therefore, besides the theoretical debate that incorporates several categories of political science, public administration, public policy, geography and economics, the study focused on secondary sources, using different government agencies databases in order to raise information. It was observed that the interference of partisan politics has been disastrous for some public policies. Thus, the research confirms that cooperative character is fragile within government agencies, often limited to official documents, and that there is indeed, a striking feature of competition, especially when it comes to transversalized policies

Coevolução e as práticas isomórficas de gestão: um estudo sobre os processos de mudanças institucionais no Instituto Federal de Educação, Ciência e Tecnologia do RN

The Federal Institution for Education, Science and Technology, in its historical path, has been living different changes. The transformations occurred along the way have been determined by coercive forces from the institutional environment, which has became more and more broad and complex throughout the time, obtaining diverse characteristics and new elements such as non institutional factors1 which started to contribute with the other changes. In this context, this work aims to study the isomorphic practices of the managers in the institutional changes process of the IFRN in 1998 and 2008, as of a theoretical coevolutionary perspective (CHILD; RODRIGUES; LEWIN; CARROL; VOLBERDA, 2003). This theory brings a new point of view for the organization analysis to the organizational studies, since it offers a non deterministic and non linear lection of the evolution process, which means, a coevolution. Thus, the organizations and their institutional and non institutional environment auto evolve, auto organize and auto reproduce. Therefore, the institutional and non institutional factors of the macro environment keep a continuous interdependence relationship with the organizations. For the means of this study, it is important to understand that is impossible to comprehend the object, the isomorphic practices, without considering that the previous institutional changes and its evolutions, its continuations and discontinuations, important in the coevolution process. As such, to call upon the institutional historical track is a fundamental aspect to materialize this study, for the recursive movement is indeed present in the coevolution. Another important point to make this research effective is that it is not possible to abdicate from the hologramatic view2 of this study, which considers the object, the isomorphic practices, part of the whole and this whole is also in the parts, therefore it is impossible to comprehend the object of study outside the context where it belongs. With this, as of the objective previously proposed, it is necessary to describe the characteristics of coevolution of the institutional changes related in 1998 and 2008; analyze the dynamic of the isomorphic mechanisms in its respective institutional change process; and describe the lessons learned which the isomorphic practices left to the IFRN, regarding its benefits and difficulties. All these transformations happened through coercive forces3 of the institutional environment. As of the Nineties, these forces became stronger, the environment became broader and more complex, with the emergency of new environmental factors. This study proposed to study the managing process and its practices, related to the micro environment, although it is required to articulate these actions, the demands and requirements from the macro environment. To make this research effective, semi structured interviews have been conducted with the managers who participated in both institutional change processes. In the results analysis, it has been possible to verify the particularity of each change, the one from 1998 with a strong normative action of the managers against coercive forces from the government for the search of recognition and the institutional legitimation and the one in 2008, which has been characterized by the normative action by managers in agreement with the coercive forces from the government, in favor of the government policy for the technological professional education. However, the results analysis it is possible to notice the evidence of a belonging feeling from the interviewed managers

Tangibilidade, classe de ativos e estrutura de capital das empresas listadas na BM&FBOVESPA

This study aims to investigate the influence of the asset class and the breakdown of tangibility as determinant factors of the capital structure of companies listed on the BM & FBOVESPA in the period of 2008-2012. Two current assets classes were composed and once they were grouped by liquidity, they were also analyzed by the financial institutions for credit granting: current resources (Cash, Bank and Financial Applications) and operations with duplicates (Stocks and Receivables). The breakdown of the tangible assets was made based on its main components provided as warrantees for loans like Machinery & Equipment and Land & Buildings. For an analysis extension, three metrics for leverage (accounting, financial and market) were applied and the sample was divided into economic sectors, adopted by BM&FBOVESPA. The data model in dynamic panel estimated by a systemic GMM of two levels was used in this study due its strength to problems of endogenous relationship as well as the omitted variables bias. The found results suggest that current resources are determinants of the capital structure possibly because they re characterized as proxies for financial solvency, being its relationship with debt positive. The sectorial analysis confirmed the results for current resources. The tangibility of assets has inverse proportional relationship with the leverage. As it is disintegrated in its main components, the significant and negative influence of machinery & equipment was more marked in the Industrial Goods sector. This result shows that, on average, the most specific assets from operating activities of a company compete for a less use of third party resources. As complementary results, it was observed that the leverage has persistence, which is linked with the static trade-off theory. Specifically for financial leverage, it was observed that the persistence is relevant when it is controlled for the lagged current assets classes variables. The proxy variable for growth opportunities, measured by the Market -to -Book, has the sign of its contradictory coefficient. The company size has a positive relationship with debt, in favor of static trade-off theory. Profitability is the most consistent variable in all the performed estimations, showing strong negative and significant relationship with leverage, as the pecking order theory predicts

A ideologia da encenação: uma análise dos aspectos cênico/ideológicos da encenação produzida pela indústria cultural

The research that led to this dissertation adopted a set of scenic/ideological aspects inherent to the productions of the Culture Industry as its object of research. The intellectual output of Theodor W. Adorno and Max Horkheimer underscored the approaches on this subject, since it provides the same set of scenic/ideological features to be explored because, according to the authors, scenes produced by the culture industry are linked to the dominant ideology, since they act in favor of maintaining the status quo. The first objective was the definition this set of features inherent to the scene produced by the culture industry, through the exploration of literature produced by Adorno and Horkheimer, so it was possible to define a set composed of nine elements: Construction of characters as characteristic types; Stereotypes; Naturalization of Stereotyped language; Simplistic playwriting; Reuse dramatic formula; Love and sexuality as themes of plots; Utilization of tragic element; Objetive representation; Approximation of fiction and reality. The second goal was the analysis of scene produced by the culture industry nowadays, so that it was possible to verify if any scenic/ideological aspects indicated by Adorno and Horkheimer in the mid-twentieth century were present among the productions from this beginning of the twenty-first century. Through the analysis of three soap operas produced in Brazil in 2012, it was found that the nine scenic/ideological aspects as indicated by Adorno and Horkheimer appeared in the observed productions. Additionally, a new scenic/ideological feature, not indicated by Adorno and Horkheimer is present: the merchandising

Avaliação da suplementação com vitamina E, na forma natural ou sintética, em mulheres no pós-parto imediato e sua concentração no colostro

The Vitamin E consists of eight chemically homologous forms, designated alpha, beta, gamma and delta tocopherols and tocotrienols. Biologically, the alpha-tocopherol (α-TOH) is the most important. Commercially, are found two types of α-TOH a natural (RRR-alpha-tocopherol) and another synthetic (all-rac-alpha-tocopherol). Both forms are absorbed in the intestine, the liver is a preference in favor of forms 2R, due to transfer protein α-TOH. It has higher affinity to these stereoisomers. Newborns are considered high risk for vitamin E deficiency, mainly premature, these have breast milk as a food source for maintenance of serum α-TOH. Clinical signs such as thrombocytosis, hemolytic anemia, retrolental fibroplasia, intraventricular hemorrhage, bronchopulmonary dysplasia and spinocerebellar degeneration can be found in case of a low intake of α-TOH. Thus, maternal supplementation on postpartum with α-TOH can be an efficient way to increase levels of vitamin E in breast milk and thus the consequently increase the supply of micronutrient for the newborn. However, most studies with vitamin E supplementation have been conducted in animals and little is known about the effect of maternal supplementation in humans, as well as on its efficiency to increase levels of α-TOH in human milk, depending on the shape natural or synthetic. The study included 109 women, divided into three groups: control without supplementation (GC) (n=36), supplemented with natural capsule (GNAT) (n=40) and the synthetic capsule (GSINT) (n=33). Blood samples were collected for determination of maternal nutritional status, and colostrums at initial contact and after 24 hours post-supplementation. Analyses were performed by High Performance Liquid Chromatography. Values of α-TOH in serum below 499.6mg/dL were considered deficient. We used the Kruskal-Wallis test and Tukey test to confirm the increase of alpha-tocopherol in milk and efficiency of administered capsules. Daily consumption of α-TOH was based on daily intake of 500 mL of colostrum by the newborn and compared with the nutritional requirement for children from 0 to 6 months of age, 4 mg / day. The mothers had mean concentration of serum α-TOH in 1016 ± 52, 1236 ± 51 and 1083 ± 61 mg / dL, in CG, GNAT and GSINT respectively. There were no women with deficiiency. The GC did not change the concentrations of α-TOH in colostrum. While women supplemented with natural and synthetic forms increased concentrations of α-TOH colostrum in 57.6% and 39%, respectively. By comparing supplemented groups, it was observed a significant difference (p=0.04), the natural capsule more efficient than the synthetic, approximately 49.6%. Individually, 21.1% of the women provided below 4mg/day of α-TOH, after supplementation for this index declined4.1%. Thus, maternal supplementation postpartum raised the levels of alpha-tocopherol in colostrum, and increased efficiency was observed with the natural form

Preparação e caracterização de catalisadores à base de titânio suportado em MCM-41 para produção de compostos oxigenados através da pirólise catalítica do capim elefante

In recent years, the area of advanced materials has been considerably, especially when it comes to materials for industrial use, such as is the case with structured porosity of catalysts suitable for catalytic processes. The use of catalysts combined with the fast pyrolysis process is an alternative to the oxygenate production of high added value, because, in addition to increasing the yield and quality of products, allows you to manipulate the selectivity to a product of interest, and therefore allows greater control over the characteristics of the final product. Based on these arguments, in this work were prepared titanium catalysts supported on MCM-41 for use in catalytic pyrolysis of biomass, called elephant grass. The reactions of pyrolysis of biomass were performed in a micro pyrolyzer, Py-5200, coupled to GC / MS, the company CDS Corporation, headquartered in the United States. The catalysts Ti-MCM-41 in different molar ratios were characterized by XRD, TG / DTG, FT-IR, SEM, XRF, UV-visible adsorption of nitrogen and the distribution of particle diameter and specific surface area measurement by the BET method. From the catalytic tests it was observed that the catalysts synthesized showed good results for the pyrolysis reaction.The main products were obtained a higher yield of aldehydes, ketones and furan. It was observed that the best reactivity is a direct function of the ratio Si/Ti, nature and concentration of the active species on mesoporous supports. Among the catalysts Ti-MCM-41 (molar ratio Si / Ti = 25 and 50), the ratio Si / Ti = 25 (400 ° C and 600 ° C) favored the cracking of oxygenates such as acids , aldehydes, ketones, furans and esters. Already the sample ratio Si / Ti = 50 had the highest yield of aromatic oxygenates

Escola e gênero : representações de gênero na escola

The study Escola e Gênero: representações de gênero na escola show us the social man made, starting of an analysis in the having fun time in the children´s life and how it´s an important aspect of the building childish universe simbolic. My analysis started in a children´s daily at school and how they noticed the play value od dominant society. Our propouse is think about the linking between ideology, representations and gender like the children´s knowledge in the school activities. The toy, an instrument which is noticed and exist in the funny activities, is full of cultural concepts of male and female parts. Your color, lines, functions and the way you manipulate is driven of gender cathegories. In the scool, the ideological concepts have it´s important way which is to domesticate the feelings, the desires; categorize and normalize them without be known by the educational employers. In the children´s education, the funny time is noticed by others ways and turned as important as others subjects. By the way it´s not noticed by the school, like another thing which isn´t a funny moment. And it´s exactly here in the school funny time, the school did your cultural power of separete the gender and your extencions, feed by the society, generaly, in favor of the man whose woman is your subordinate. This ways of analysis help the society and the school universe about the funny time e how they are important in the Man made life. And how the toys bring the concepts and addicted thinking, ideological which put the power in the stages, without equal, addicted feelings around the gender concepts. I read and used the theories of Kishimoto, Berger & luckmann, Brougère, Sousa Filho, Bourdieu, Badinter, Geertz, Grossi, Louro, Foucault, among others

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

Mediação como instrumento de desjudicialização das questões familiares: constitucionalização do Direito de Família

The Liberal Constitutionalism emerged from the late eighteenth century, a period of major revolutions (French and American), fruit of the struggle for libertarian rights. Although the time of the first written constitutions, these were linked to mere political letters, did not provide for fundamental human rights, as it is, so only on the state organization, structure of powers, division of powers of the state and some relations between state and individuals. There was a clear division between the civil codes and constitutions, those governing private relations and acted as barriers to non-state intervention. After the Second World War, the constitutions are no longer Letters political order to establish how the human person, in order to enshrine the fundamental rights, the primacy of constitutional principles and take their normative function against ordinary legislator. Constitutional evolution gave the name of contemporary constitutionalism, based on repersonalization or despatrimonialização of Private Law, ceasing the separation of legislative civil codes and constitutions, in favor of the protection of fundamental rights of the human person. And this tendency to the Brazilian Federal Constitution of 1988 brought higher ground the dignity of the human person, the epicenter axiological legal to govern private relations, including family law. The constitutionalization of family law motivates the adoption of desjudicialização family issues, so as to respect the direio intimacy, privacy, private autonomy and access to justice. Conflictual family relationships require special treatment, given the diversity and dynamism of their new compositions. The break in the family relationship is guided in varied feelings among its members in order to hinder an end harmonic. Thus, the judiciary, through performances impositive, not to honor the power of decision of the parties, as also on the structural problems faced to operate on these cases, the environment is not the most appropriate to offer answers to the end of family quarrels. Situation that causes future demands on the dissatisfaction of the parties with the result. Before the development of the Family Law comes the need to adopt legal institutions, which monitor the socio-cultural, and that promote an effective assistance to people involved in this kind of conflict. In obedience to the private autonomy, before manifestations of volunteers involved in family mediation, among autocompositivos instruments of conflict resolution, is indicated as the most shaped the treatment of family quarrels. Remaining, then the state a minimal intervention to prevent excessive intrusion into private life and personal privacy

Universidade e educação ambiental

The society consists of the inter-relations between diverse symbolic fields of performance, where some agents if identify for values, habits and goals. The present thesis analyzed, taking for base the Theory of the Social Field of Pierre Bourdieu, the ambient field and the university, leaving of the principle that the university is one of the propitious places for the quarrel, study, knowledge elaboration, and that the ambient education is one of the ways of dissemination of knowledge and action in favor of the ambient question. It was looked to contextualize and to identify the main factors that configure the university while a social field, and to evidence the conflict and connector links with the ambientalism. It is perceived university as space of tensions, whose produced capital stock in the academic scope must be enough convincing in the direction of the social transformation, of the expansion of conscience, the critical matureness, and thus to appear as agent of social transformation. The joint between the diverse social fields, promoted for the university, will be able to contribute for knowledge formularization that can consist base for elaboration of politics and programs to answer to the problems of the society contemporary. It has the inter-relationship between the two fields, however, this relation still is fragile, needing that a continuity practical social that they make possible that the ambient question is part of the culture of the university. This will be able to give with the intensification of the actions and the inclusion of the ambient questions in the communication mechanisms and administrative management. To surpass discontinuities caused for changes of groups leading and for interests politician conjunctural are necessary that they create habitus, what passes for the institutionalization of practical and the constitution of a culture that the agents allow if to reorganize defending the interests of social transformation front to the economic interests, as much in the university how much in the ambient field

As mudanças da educação do RN nos idos de 1950 e 1960 :a prática de Lia Campo

The present study investigates and analyzes the participation of the teacher Lia Campos, during the 50 s and 60 s years, in the norte-riograndense educational organization. The choice of the period is justified because was at this the time what this teacher remained in the potiguar lands, working in favor of the education. In the search of data that informed me concerning her actions, I cover quantities as the Public Archive of the Great River of the North, Historical Institute and Geographic of the Rio Grande do Norte and the Center of Supplementary Studies Teacher Lia Campos, in the task to obtain photographs and verbal stories of friends and fellow workers, periodicals of the time, laws and decrees. Based on the primary education, the work of Lia Campos shows the relevance of the teaching formation for this level of education and the way as the ones that in it work can lead their conceptions and daily practical tasks. This way, I evidence that the cited teacher promotes, in this State, a series of activities as: survey and systematization of the school net; organization of the administrative stuff of the schools; qualifications and courses of improving for lay professors, as well as implantation of the Law of the Education nº 2.171/1957. Through this analysis I show as this teacher left printed her mark in the Rio Grande do Norte historiography by means of her actions, being therefore remembered for that they had followed her experience in norte-riograndense lands

Mala na mão, pé na estrada: à procura de uma pedagogia das singularidades

We make many journeys during our lifetime. In each of them we accumulate experiences that result in an amount of knowledge that constitutes our history. The dissertation presents one of these journeys: that one I took along with students of Pedagogia da Terra project from Universidade do Estado do Rio Grande do Norte UERN to think about the knowledge within their memories in their way from countryside to city seeking for education. I used as main references to this task the ideas of Edgar Morin about Method as Strategy, implication of the subject in knowledge, pertinent knowledge, and knowledge reconnection. And from Paulo Freire I used the concepts of cultural identity assumption and dialog. I built as resource of method the metaphor of the suitcase, called by me the trunk of memory treasures . The use of this cognitive operator makes possible for those students bring their memories to the surface and share them collectively, by the process I name as auto-social- biographical narratives. The explicitness of the memories they choose to reveal by means of these narratives permitted me to understand the metamorphosis of these knowledge since their childhood to nowadays. In order to present an archeology of knowledge within these life histories I chose a narrative writing style concerned with simplicity and lightness, where I use the description of facts and discussions occurred during this journey. My main arguments in systematizing this experience are: scientific production can and should be grounded on knowledge diversity and on a more sensible approach to phenomena; education and pedagogy need to take as starting point and fuel for their practices the singularities of the subjects, their life history, educational background and knowledge resulting from both. Teacher s formation programs which students have mixed, rural and urban, background should value cognitive experiences built in the interaction with that knowledge closer of a sensible logic, deeper grounded in land and nature. Doing so, education can contribute to join diverse knowledge against monocutural forms of thinking and educational practices

As mudanças da educação do RN nos idos de 1950 e 1960 :a prática de Lia Campos

The present study investigates and analyzes the participation of the teacher Lia Campos, during the 50 s and 60 s years, in the norte-riograndense educational organization. The choice of the period is justified because was at this the time what this teacher remained in the potiguar lands, working in favor of the education. In the search of data that informed me concerning her actions, I cover quantities as the Public Archive of the Great River of the North, Historical Institute and Geographic of the Rio Grande do Norte and the Center of Supplementary Studies Teacher Lia Campos, in the task to obtain photographs and verbal stories of friends and fellow workers, periodicals of the time, laws and decrees. Based on the primary education, the work of Lia Campos shows the relevance of the teaching formation for this level of education and the way as the ones that in it work can lead their conceptions and daily practical tasks. This way, I evidence that the cited teacher promotes, in this State, a series of activities as: survey and systematization of the school net; organization of the administrative stuff of the schools; qualifications and courses of improving for lay professors, as well as implantation of the Law of the Education nº 2.171/1957. Through this analysis I show as this teacher left printed her mark in the Rio Grande do Norte historiography by means of her actions, being therefore remembered for that they had followed her experience in norte-riograndense lands

Avaliação da aprendizagem no curso a distância de licenciatura em ciências biológicas da Universidade Estadual de Pernambuco

In contemporary society, distance education is expanding, especially in the offering of courses of initiatory professor training. By the side of possibilities, there is the need to critically reflect on the government decision to finance, and even to incite distance education, as a more economic way to achieve, within different time and space, the greatest quantity of the population, trying to fill the gaps of the Brazilian school education. The research was made in the Biology Bachelor Course offered by the Pernambuco University (UPE), in the context of the Presential Support Pole of the Paraiba State University, located in the city of Campina Grande. Along this study, we intend to analyze the evaluation practice and the instruments of valuation available in the virtual environment of learning (AVA), used by the former professors in the learning evaluation of the contents offered by the reference course. The relevance of the discussion is to reflect about the results of distance education in the initial of the professor training. To perceive the possibilities and limitations concerning the technological resources available at the educational process, especially to the evaluation practice, is primordial in order to comprehend the contents of learning that can be explored by the professors and which is the dialogical relation that is firmed between professor, preceptor and student, in favor of the learning development and an effective and meaningful education. The qualitative research had the symbolic interacionism as a methodological-theoretical approach. We gathered informations through institutional documents, documental records, questionnaires and semi-structured interviews. Treating and analyzing the data we used the content analysis method (Bardin, 1977). As a theoretical basis, we relied on authors such as Zabala (1998, 1999), Aretio (2002), Hoffmann (2003, 2005), Silva, M. (2003, 2006), Belloni (2006), Luckesi (2008), Silva, J. (2008), Vasconcelos (2008) and Domingos (2009). It was evident the need to reflect about the educational practice of the professors and preceptors responsible for the academic distance learning, concerning the evaluation of the learning contents in a autonomous and innovatory way, identifying its influence in the development of values which are considered vital to a complete professor upbringing. The evaluation in a mediator approach is necessary to the reality of an online classroom, because of its character to promote the improvement of the action of the one who is teaching and the one Who is learning in an interactive, collaborative and cooperative perspective, seeking a transformative praxis. Involved in this formation, the bachelors will be able to promote the development of capacities and skills necessary to the complete learning of theirs future students, certifying the education for life, which is a perspective that includes the knowing, the knowing how to do and how to be, a living being with sustainable relations with the others and with nature