A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

Acordos internacionais sobre a produção compartilhada de recursos naturais: a unitização interestatal na área do petróleo e gás sob o enfoque constitucional brasileiro

The apportionment of natural resources between sovereign States is a subject that relates many aspects of International law, as long as Constitutional Law, at the execution and application phases of international treaties that regulates the exploration of common goods. In this sense, because of their natural characteristics that creates an environment of constant migration and fixation in transboundary regions, terrestrial or maritime, the petroleum and the natural gas bound a complex juridical apparatus that can control the sovereign rights involved. This research is aim at accomplishing a study concerning the international agreements that enable the non-unilateral action, specifically the unitization treaties between sovereign States, as a manner to resolve situations related to the individualization of oil and/or gas reservoirs that go across their national borders. These agreements will be analyzed considering the international public law sources theory, bearing in mind yet the already existed experiences in this sense, not disregarding the way that this fact could affect Brazil. It will begin with an historical incursion over the unitization institute, covering its main characteristics and its formation and execution procedures, and finally it will address the Brazilian legal system and the comparative law threats the institute. The clauses of these relevant agreements will be analyzed in details, concerning its particularities and its contents. Because these agreements are international obligatory rules of law, it is indispensable that they are considered under the auspices of the international law system, focusing their nature and the subjects of international law and establishing them as sources of the international law, analyzing them, then, as international rules and the applicable law to these juridical relations, the conventional established, the consolidated international custom and the applicable International Law principles, appearing the State s responsibility as an important subject for the verification of the acts lawful practiced by States. The analysis of the apportionment of these natural resources ends with the individualization of possible exploitable marine oil fields located between the exclusive economic zone and the continental platform ends and the region administrated by the International Seabed Authority. At last, the Brazilian constitutional system appears as the mechanism of integration, application and execution of the international unitization agreements in Brazil, detaching the format and the proceedings that the international treaties take to acquire validity at the national legal system, passing through the treaties interpretation and the applicable constitutional principles, coming to its application in Brazil, considering the existing constitutional peculiarities and the role played by the National Agency of Petroleum, Natural Gas and bio-fuel ANP

Proteção da relação de emprego sob o prisma da dignidade da pessoa humana

This work aims to show that the protection of the employment relation is one of the determining factors to respect the principle of the human dignity. The goal is initially to show the devaluation of work from antiquity to the early twentieth century, when the constitutions began to standardize protective devices. This way, the consecration of the social labor rights in the Constitution of 1988 represents the culmination of the historical achievements. This work demonstrates that such rights can not be reduced or suppressed by political conveniences, once these rights are included in the list of immutable clauses. It is displayed that to achieve the fundamental right to work is not well advised to encourage the creation of jobs that maculates the worker s dignity. The outsourced work is, therefore, a classic example of the advancement of precarious forms of contemporary labor. It is inferred that the presence of various forms of harassment results in a degradation of working environment, bringing about dire consequences on professional and personal life of the worker. Thus, decent work must be the appropriate benchmark for the creation of new jobs. It is also shown that the flexibilization of the propaganda rights by certain pressure groups has as main goal to reduce or eliminate rights, based on fallacious data depicting an increase of competitiveness and jobs. In addition, the flexibility implies a growth of the precarization of the work - a reality felt by many workers subjected to such a situation due to the unemployment phenomenon whose origin is not in the protectionism of the norms. It is necessary to expand and structure the constitutionally legitimate institutions to monitor and curb the precarized work, as well as all practices that go against the dignity of the worker. It is also shown the loss of power of the sindicates in the last few years as a consequence of the pulverization workes and the capital attacks through the productive restructure whose outsourcings and privatizations are notorious examples

Regime constitucional do direito privado das organizações religiosas

In Brazil, constitutional clauses regarding religious freedom have concrete applications in Private Law. Church-State Law, or "Ecclesiastical Law of the State," studies the legal principles which may be applicable to religious activity, exercised individually and collectively. The study of Church-State Law in Brazil lacks a thorough introduction to the constitutional and civil aspects of religious organizations: such an introduction is the main end of this work. Following a brief introduction, the main aspects of religious freedom and the principle of private autonomy as it concerns religious organizations are explained. A careful introductory analysis of Church-State Law in Brazil is thus developed: (1) the historical aspects, including a detailed account of the relations between Catholicism, the established religion up to 1889, and the government; (2) the current constitutional principles, as presented in the text of the federal Constitution of 1988, regarding the rights and claims of religious organizations; (3) how the same constitutional principles are to be used in the interpretation of Private Law (especially the Civil Code of 2002), fostering and preserving the uniqueness of religious organizations in the Brazilian legal system. A brief complementary chapter presents some aspects of the legal position of religious institutions in three other nations whose constitutional documents have influenced the current Brazilian federal Constitution (France, Spain, and the United States)

Alternância no uso dos modos indicativo e subjuntivo em orações subordinadas substantivas: uma comparação entre o português do Brasil e o francês do Canadá

The purpose of this work is to analyze the use of the indicative mood, instead of the subjunctive prescribed by the normative grammar, in complement clauses introduced by the conjunction que in Brazilian Portuguese. Contexts of use of the subjunctive according to grammatical prescription, and contexts of fluctuation on the use of that verbal mood were analyzed, in an attempt to investigate what interferes on the choice of the mood by the user of the language. This study is based on North-American Functional Linguistics theoretical perspective, oriented to analyzing language in use, in the light of the principles of grammaticalization and markedness. The results obtained support that the contexts that favor the indicative over the subjunctive are those composed by a complement clause functioning as a direct object the unmarked clause of all complement clauses and by a verb on the main sentence that belongs to the semantic field of low certainty, corresponding to the epistemic sub-mode the unmarked category of the deontic sub-mode. The results indicate that pragmatics and semantics factors influence the language user on the choice of the verbal mood. This research also presents comparative data on the use of the indicative mood in place of the subjunctive in Brazilian Portuguese and Canadian French, aiming to providing suggestions on language teaching

Representações discentes sobre a afetividade nas aulas de inglês de uma escola técnica

This work has risen from the researcher s pedagogical practice at a technical school in Natal, and it aims to observ how affectiveness is noticed by the students in their English classes, since we can have an idea of technicist teaching, which foccus on the acquisition of technical abilities. As cognition and affectiveness are considered indivisible elements in this research, we tried to identify the linguistic signs that express the students representations about affectiveness in their English classes. We used the Systemic Functional Linguistics approach to study the Ideational metafunction of Halliday (1994), by means of the transitivity system, to show how the clauses are used to illustrate these representations, and the interpersonal metafunction, that deals with the relationship between the teacher and the students. We tried to identify the most common processes (HALLIDAY, 1994) mentioned by the 68 students who participated in this work. We used learning narratives (BARCELOS, 2006) submitted to Wordsmith Tools computing program (SCOTT, 2009), whose results indicate the most frequent lexical items found in their narratives. The lexical choices seem to indicate that affectiveness is noticed as a composing element of the English classes in that school. There are representations of interacting classes, where the students needs are considered. These representations are built in the relationship of the students and the teacher, and they are grammatically realized by means of the polarity adjunct no , the intensity adjunct very , and the nominal group the teacher . The relational and mental processes (be) and (like) are the most used in their narratives, and we also observe that affectiveness and disponibility to help the students are considered the most important attitudes in their representations. The Appraisal system is used to analise the choices related to the attitudes and judgement of the students, that show appreciation for interacting classes, but there is still authorithary berhavior from the teacher in the English classes

Estratégias de relativização no português brasileiro e implicações para o ensino: o caso das cortadoras

This work consists of a cognitive-functional approach of relativization strategies of Brazilian Portuguese (BP), this is, standard relatives (with preposition or without it) and non-standard relatives (copiadora and the deletion pattern), and it emphasizes the last one. We investigate the use of the relative construction strategies in spoken and written texts produced by speakers from different school levels in a specific situation: a face-to-face interviewing. Our database is the corpora Discurso & Gramática: a língua falada e escrita na cidade do Natal e a língua falada e escrita na cidade do Rio de Janeiro. We contrast the use of the standard relative to the deletion pattern in prepositional context, by considering cognitive, social and interactional motivations for the use of the deletion pattern instead of the standard one. Our research leads us to verify that the deletion pattern is fixing as the preferred relativization strategy in prepositional contexts, and, in this way, it brings out a grammaticalization process in working. For this reason, we propose to take this relative construction as a common way to structure a relative clause, in the same way we take the standard pattern. Finally, we discuss the treatment of questions related to the processes of teaching and learning of Portuguese language and some suggestions are given in terms of class activities. We expect that the development of this research may give both support for the Portuguese teachers and suggestions to improve the teaching and learning process of Portuguese language, contributing in special to the treatment of the syntax of complex clauses.

A ferramenta VoiceThread em uma abordagem hibrida: o desenvolvimento da produção oral e da habilidade de noticing na aprendizagem de inglês como L2

VoiceThread (VT) is a collaborative and asynchronous web 2.0 tool, which permits the creation of oral presentations with the help of images, documents, texts and voice, allowing groups of people to browse and contribute with comments using several options: voice (microphone or cell phone), text and audio-file or video (webcam) (BOTTENTUIT JUNIOR, LISBÔA E COUTINHO, 2009). The hybrid experience with VoiceThread allows learners to plan their speech before recording it, without the pressure often existent in the classroom. Furthermore, the presentations can be recorded several times, enabling students to listen to them, notice the gaps in their oral production (noticing) and edit innumerous times before publishing them online. In this perspective, oral production is seen as a process of L2 acquisition, not only as practice of already existent knowledge, because it can stimulate the learner to process the language syntactically (SWAIN, 1985; 1995). In this context, this study aims to verify if there is a relation between the oral production of the learners more specifically the grammatical accuracy and the global oral grade and their noticing capacity, how the systematic practice with VoiceThread, in a hybrid approach, can impact the learners global oral development, their oral production in terms of fluency (number of words per minute), accuracy (number of errors in hundred words), and complexity (number of dependent clauses per minute), and on their noticing capacity (SCHMIDT, 1990; 1995; 2001), that is, the learner s capacity of noticing the gaps existent in their oral production. In order to answer these research questions, 49 L2 learners of English were divided into an experimental group (25 students) and a control group (24 students). The experimental group was exposed to the hybrid approach with VT during two months and, through a pre- and post-test, we verified if this systematic practice would positively influence these participants oral production and noticing capacity. These results were compared to the pre- and post-test scores from the control group, which was not exposed to VT. Finally, learners impressions in relation to the use of this tool were also sought through a questionnaire applied after the post-test. The results indicate that there is a statistically significant correlation between the learners speech production (accuracy and global oral grade) and their noticing capacity. Besides, it was verified a positive impact of VoiceThread on the learners speech production variables and on their noticing capacity. They also reveal a positive reaction by the learners in relation to the hybrid experience with this web tool

A negociação coletiva como instrumento de efetividade do direito fundamental à igualdade

Equality as a principle and as a legal rule, integrates brazilian constitutional order since the Constitution of 1891, constituting the target always be sought, built and promoted by the state and society as a whole. Also e xs urgem for protection of equality and non - discrimination, declarations and international treaties, mostly ratified by Brazil. The international protection of human beings with intrinsic value began in the UN Declaration of 1948, which declared the equality of all men in rights and dignity, followed by more specific international documents, in a growing movement of ratification of international standards protection of human rights occurs after the atrocities during the Second World War. Within the Internation al Labour Organisation (ILO), the theme of equality and non - discrimination in employment relationships integrates one of its main conventions, to No. 111, ratified by Brazil since 1965, which aims to eliminate discrimination in respect of employment and oc cupation. In this context, lies the collective bargaining work, with her normative instruments arising from the collective agreement and the agreement recognized constitutionally and with full ability to create and establish standards and conditions for de tails of suitable work for each occupational category and economic having the unions the power and duty to use them as a means of effecting the postulates of equality and non - discrimination in employment relationships, filling gaps in state law and / or su pplementing it, molding them to existing events in the capital - job. Driven by greater freedom contained in the Constitution of 1988, trading, and with it, the private collective autonomy, in fact, have included the issue of equality and the right to differ ence between clauses created, scheduled to affirmative action and sealing exclusionary conduct, and reported some positive outcomes, such as greater diversity in work and training followed by admission of persons with disabilities environment. These attitu des of union entities and employers should be broadened because corroborate the fulfillment of constitutional requirements for compliance with the international declarations, adapting them to the reality of labor relations and contributing to the construct ion of equality in the pursuit of social justice with the recognition of the right to be different with respect to the inherent dignity of the human condition.

Consumo c(l)iente: abordagem do gênero anúncio publicitário em livros didáticos de língua portuguesa do ensino médio

Portuguese language textbooks, according to what has been preconized on the official document to education, have been configured on discursive genres imported from diverse spheres of human activity. Adverts, genre of ample social circulation, spread from the Advertising sphere to the schools and started being approached by these collectaneas as an object and a tool for teaching. Therefore, this research deals with the approach of ads in Portugese textbooks. These discursive practices matter for the impact or appeal they exert over the (new) consumers, among which High School students; for their representation in the capitalist system, which guides us on our relationships and social practices; and for the mix of languages that end up at their composition, once they encapsulate the spirit of our time, par excellence, the one from the verbal-visual genres. To understand the treatment given to these advertising pieces, from questions/commentaries related to them, two collections were selected by the Programa Nacional do Livro Didático – Textbook National Program (PNLD 2012) among the ones more used by public High Schools in Natal/RN. From Applied Linguistics, from mestizo, nomadic and inter/transdisciplinary identity (MOITA LOPES, 2009), this study falls within the discursive chain of the interpretive tradition of historical-cultural approach (FREITAS, 2010) and names the Bakhtin Circle and its language‟s dialogical conception as inescapable partners. The data of the colletaneas show that the genre approach can happen as concrete utterance, as linguistic artifact and as hybrid, at work with questions and without questions, with the predominance of its occurrence in the portion of the volume devoted to the study of grammar. In the literature chapters and production/interpretation of compositions, it insert is incipient or it doesn‟t happen in the volume. Such a provision has implications for multiliteracies (ROJO, 2012) of the citizen student, once the lack or the abundance of critical reading proposals for this genre, that demand from the student the exercise of knowledge that is necessary to the construction of linguistic and social meanings, can be responsible for guide to a more conscious consumerism (material and cultural) by the chief customers of the work under review. The approaches of the genres seems to indicate a gradual transition that such material have undergone, which means, from the focus on clauses to the focus on utterances, or even the approach as linguistic artifact to hybrid and the concrete utterance, in search of overcoming the traditional tendency of taking advantage of formal aspects of the language, to the detriment of enunciative ones, and for coming into harmony with the guidelines and parameters of teaching in contemporary times, bringing the school duties close to the rights in life.