Parâmetros de concretização judicial do direito fundamental à saúde no fornecimento de medicamentos

In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health

A obra de triangulis omnimodis libri quinque de Johann Müller Regiomontanus (1436 1476): uma contribuição para o desenvolvimento da trigonometria

Trigonometry, branch of mathematics related to the study of triangles, developed from practical needs, especially relating to astronomy, Surveying and Navigation. Johann Müller, the Regiomontanus (1436-1476) mathematician and astronomer of the fifteenth century played an important role in the development of this science. His work titled De Triangulis Omnimodis Libri Quinque written around 1464, and published posthumously in 1533, presents the first systematic exposure of European plane and spherical trigonometry, a treatment independent of astronomy. In this study we present a description, translation and analysis of some aspects of this important work in the history of trigonometry. Therefore, the translation was performed using a version of the book Regiomontanus on Triangles of Barnabas Hughes, 1967. In it you will find the original work in Latin and an English translation. For this study, we use for most of our translation in Portuguese, the English version, but some doubt utterance, statement and figures were made by the original Latin. In this work, we can see that trigonometry is considered as a branch of mathematics which is subordinated to geometry, that is, toward the study of triangles. Regiomontanus provides a large number of theorems as the original trigonometric formula for the area of a triangle. Use algebra to solve geometric problems and mainly shows the first practical theorem for the law of cosines in spherical trigonometry. Thus, this study shows some of the development of the trigonometry in the fifteenth century, especially with regard to concepts such as sine and cosine (sine reverse), the work discussed above, is of paramount importance for the research in the history of mathematics more specifically in the area of historical analysis and critique of literary sources or studying the work of a particular mathematician

História da ciência como estratégia didática no ensino médio: um breve olhar de conteúdos da óptica

From a critique of aspects of the current teaching of physics, we propose in this paper an investigation into the conceptions of Nature of Science (NOS) submitted by students from the high school level, as well as the inclusion of discussions about some elements of NOS, through the History and Philosophy of Science, understanding them as facilitating strategy for more effective learning of Physics and, more specifically, the contents of optics. Based on the historical period corresponding to Greek antiquity to the mid-nineteenth century, built and applied a teaching unit to a high school class at the Federal Institute of Education, Science and Technology of Rio Grande do Norte (IFRN) Ipanguaçu campus. Our teaching unit involved the reading and interpretation of texts with historical content, observation and assembling five experimental activities, among other activities. Data analysis occurred through questionnaires investigative applied before and after the completion of the teaching unit, as well as questionnaires for content present in the texts. Although not significant, the results indicated that the application of the teaching unit allowed the (re) construction of some conceptions about NOS targets students present in our work, and contribute to a better learning content and greater optical science approach and its nature

Análise textual dos discursos: responsabilidade enunciativa no texto jurídico

This investigation aims at describing, analyzing and interpreting the Commitment in Initial Petitions, which is a genre circumscribed in the judicial domain. For this purpose, we have chosen sections, facts as found and relevant law , sections of the petition, with the understanding that, in this way, respectively, the narration of events, which gives margin to the propositioning to the judicial action, and the exposition of the law that upholds the author s intention. We base our discussion on the field of Linguistics, more precisely, Textual Discourse Analysis (TDA), whose theoretical basis is derived from Textual Linguistics (TL) and Enunciative Linguistics. We foreground, particularly, the way in which the author of texts, objects of analysis, use discursive strategies that evidence ER. The relevance of this study, then, is in the formation of a critique of the judicial text, as it conceives of a dialogical approach to the point of view, raising not only questions about the way in which a linguistic instance conceives an object of discourse, but also considering questions of language inherent to technical writing and, in this aspect, contributing to the work of those operating in Law about the many ways ER is formed in the body of a petition. We selected two categories to analyze that, according to Adam (2011), characterize the degree of ER in the textual material of the propositional enunciations: the different types of representation of speech and the indications of profile of mediators. In this sense, with this task as an objective, we base our study regarding point of view on Rabatel (2003, 2009a, 2010) with relation to the enunciative approach, including the study of PDV in polyphonic and dialogical theoretical framework to study the ER from different types of speech representations that conceive forms of transmission of discourse and the role of the enunciating subject, mainly the responsibility and the prerogative by the propositional contents. In the same way, intending to study the indications of the mediator profiles, we observed the postulations of Guentchéva (1994, 1996), which develop the notion of mediative grammatical categories, of which permit the linguistic marking of distance and engagement of the enunciator with regard to the information expressed. The methodology we adopted was based on qualitative research, of an interpretive and introspective nature, in light of the fact that his study focuses on processes and strategies underlying language use. The corpus of the research is comprised of Initial Petitions, which gave rise to actions originating in the Civil Court of Currais Novos County RN. The data analysis shows that an object of discourse is always perspective oriented and presents the point of view of one or more enunciators. Consequently, the producer of a text, using the PDV of other enunciators, influences and establishes the argumentative orientation of the text. In the same way, it evidences the relevance of the use of mediated constructions in the judicial text, as they function as strategies attenuated to the responsibility of the producer of the text with what is said, and at the same time points to a discourse of authority through the entrance of the sources of law. Moreover, it reveals the documental and international importance of this practice, at the same time that it exposes the compositional and normative difficulties with regard to legal and linguistic aspects

Os argumentos transcendentais: kant e o problema de hume

This work whose title is "The transcendental arguments: Kant Andy Hume's problem" has as its main objective to interpret Kant's answer to Hume's problem in the light of the conjunction of the causality and induction themes which is equivalent to skeptical- naturalist reading of the latter. In this sense, this initiative complements the previous treatment seen in our dissertation, where the same issue had been discussed from a merely skeptical reading that Kant got from Hume thought and was only examined causality. Among the specific objectives, we list the following: a) critical philosophy fulfills three basic functions, a founding, one negative and one would argue that the practical use of reason, here named as defensive b) the Kantian solution of Hume's problem in the first critisism would fulfill its founding and negative functions of critique of reason; c) the Kantian treatment of the theme of induction in other criticisms would will fulfill the defense function of critique of reason; d) that the evidence of Kant's answer to Hume's problem are more consistent when will be satisfied these three functions or moments of criticism. The basic structure of the work consists of three parts: the first the genesis of Hume's problem - our intention is to reconstruct Hume's problem, analyzing it from the perspective of two definitions of cause, where the dilution of the first definition in the second match the reduction of psychological knowledge to the probability of following the called naturalization of causal relations; whereas in the second - Legality and Causality - it is stated that when considering Hume in the skeptic-naturalist option, Kant is not entitled to respond by transcendental argument A􀁴B; A⊢B from the second Analogy, evidence that is rooted in the position of contemporary thinkers, such as Strawson and Allison; in third part - Purpose and Induction - admits that Kant responds to Hume on the level of regulative reason use, although the development of this test exceeds the limits of the founding function of criticism. And this is articulated in both the Introduction and Concluding Remarks by meeting the defensive [and negative] function of criticism. In this context, based on the use of so-called transcendental arguments that project throughout the critical trilogy, we provide solution to a recurring issue that recurs at several points in our submission and concerning to the "existence and / or the necessity of empirical causal laws. In this light, our thesis is that transcendental arguments are only an apodictic solution to the Hume s skeptical-naturalist problem when is at stake a practical project in which the interest of reason is ensured, as will, in short, proved in our final considerations

Reflexões sobre a formação clínica fenomenológico-existencial na era da técnica

Phenomenology is the focus of this study for its critique of the limits of positivist science, which guides most of the fields of study including Psychology. The clinical formation process in Psychology courses is especially difficult for students-interns who adopt phenomenology as their clinical framework. Such difficulty is due to the incompatibility between theory provided in Psychology courses a science traditionally based on paradigms of scientism , and the theoretical-methodological proposal adopted by the aforementioned approach. As a backdrop for our study, we carefully examined the thought of philosopher Martin Heidegger, especially the Era of Technique. This contemporary technicism society was studied so that we could understand the socio-cultural status where this formation lies. Thus, we questioned if this panorama upon which Clinical Psychology rests favors the development of a phenomenological attitude and a special look at the meanings of existence, as defined in phenomenological clinical practice. Knowing such limits, our research aimed at understanding the experience of formation of clinical psychologists who take part in internships in the field of phenomenology-existentialism. Such study was, then, a phenomenological-hermeneutic research based on Heideggerian ontology and used a semi-structured interview as access tool. Six students of the UFRN higher-degree Psychology course who were doing their supervised internship in clinical psychology and the referred approach took part in this research. The research revealed that the phenomenological-existential formation phase opens a door to discoveries on the part of the intern that transcend the dimension of the other, for they show a self disclosure while a person in the word. Despite the initial discomforts caused by the course curriculum itself and by the freedom for clinical practice, so characteristic of phenomenology, the narratives demonstrate that such difficulties may start a process of search for new meanings, which show a search for sharpening their practices and for a path in balance with the existence of the other

A compaixão como fundamentação moral em Schopenhauer

The scope of this study was to investigate to what extent the feeling of compassion is important for the moral reasons. Thus, we will build on the analysis of moral reasoning of the philosopher Arthur Schopenhauer, in his essay “On The Basis of Morality”, who was a supporter of the feeling of compassion in their ethical reasoning. In order to deepen the discussion on the dichotomy of the human being, that the split between reason and sensibility in the moral field, also investigate Schopenhauer's criticism of the Kantian moral, which is fundamentally rational. We believe that analyzing both its moral foundation, as his critique of Kantian morality, we can understand the true import of the feeling of compassion in the moral field. Thus, we believe that one must take into account the value of this feeling on ethical grounds. As proposed will try an approach with regard to reason and sensitivity in the moral field.

“Currículo encarnado”: cartografia simbólica e afinidades pós-coloniais

This thesis has as main objective to reflect about the defining conceptual elements of the embodied curriculum concept, ident ified curriculum conception from the analysis about the rationality employed in the doctoral work of teacher Antonio Fernando Gouvê a da Silva, entitled The construction of the curriculum in popular critical perspective: the significant words to the context ualized practices , written and defended in the Postgraduate Program in Education: Curriculum, in the Pontifícia Catholic University of São Paulo, in 2004. We looked, also, on the problematization of the affinities between postcolonial theories – analytical perspectives towards the discussion about coloniality and their effect on contemporary social weaving – and the embodied curriculum concept. We argue that the reflections present in the aforementioned work bring an articulated curriculum concept based on three conceptual symbiotic elements, namely: negativity, dialogue and praxis, which, by endorsing the possibility of a curricular ingrained practice in the life context of the individuals, have some post - colonial inclinations that lead to the problematizat ion about the neo - colonial manifestations in curricular sphere, outlining a critique of the modus operandi of the colonialism, particularly, in its cultural and epistemic dimension from which the education is inseparable. For that, we used as methodologica l procedure the symbolic cartography, knowledge building strategy systematized by Boaventura de Sousa Santos, which allowed us to construct interpretive maps that enabled the symbolization of the universe which we longed to understand, that is, the concept ual categories mentioned above, which, in our view, underlie the concept of embodied curriculum. In this direction, we anchored ourselves in a meaningful dialogue with the theoretical approach of Paulo Freire and some of his interpreters regarding the disc ussion on curriculum, especially the reflections dev eloped by Antonio Fernando Gouvê a da Silva, and authors whose theoretical developments resonate in prospects for humanization, social justice and empowerment, among which we highlight: Theodor Adorno, Hug o Zemelman, Wilfred Carr, Adolfo Sánchez Vázquez, among others. We seek, in the same manner, on the contributions of authors considered post - colonial, as Hugo Achugar, Gayatri Spivak, Boaventura de Sousa Santos and Enrique Dussel, to name a few, the reason s why we consider the embodied curriculum as a place of political - pedagogical enunciation, conducive to an educational praxis that engages in a curricular work of reality translation in order to see what overwhelms it to, then, elicit the construction of a school curriculum as an awareness project for releasing in relation to what is unjust and inhumane. We consider, finally, that the success of this curriculum embodied translation implies a larger number of speakers mobilized in the production of knowledge that yearns for social emancipation and contribute to the enrichment of human capabilities as the maintenance of the life and the dignity of people.

O eterno retorno como paródia e como colagem na filosofia da diferença de Gilles Deleuze

Gilles Deleuze hás commented on many philosophers, but his relationship with Nietzsche plays a singular role in his thought: appropriating the concept of the “eternal return” to think the central axis of his thesis, Difference and repetition (1968). Terms “difference” and “repetition” appeared associated to eternal return in his Nietzsche and philosophy (1962). Our dissertation thesis analyzes the presentations of that concept in bothworks. Chapter one presents the style construction and critical, methodological aspects of Nietzschean philosophy, fundamental elements to understand Deleuze’s interpretation. It subsequently analyzes the first presentation of that concept, expressed in the following terms: the aesthetic existence, either innocent or justified from the figure of game. We will see how the image of game implies another concept of chance, that leads Deleuze to think of an affirmative philosophical “type”, capable of creating new values. Chapter two evaluates the existential, “ethical-selective”, “physicalcosmological” character of the concept of eternal return, as much as the difficulties it imposes upon Nietzsche’s interpreter. We present afterwards Deleuzian comprehension of eternal return as a “parody” or a “simulacrum of doctrine”. Chapter three analyzes that interpretive position as a transvaluation of values from a rearrange of perspectives in order to overcome the negative comprehensions of existence. We want to question the way Deleuze builds another image of thought from the concept of eternal return – an image that, by a sort of “colagem” and selective elimination of the negativity, proposes a historiographic work and unfolds a lineage of thinkers of immanence and difference, a detour from the thought of identity, the same and the similar. We want thus to understand Deleuze’s critique of “dogmatic image of thought”.

O eterno retorno como paródia e como colagem na filosofia da diferença de Gilles Deleuze

Gilles Deleuze hás commented on many philosophers, but his relationship with Nietzsche plays a singular role in his thought: appropriating the concept of the “eternal return” to think the central axis of his thesis, Difference and repetition (1968). Terms “difference” and “repetition” appeared associated to eternal return in his Nietzsche and philosophy (1962). Our dissertation thesis analyzes the presentations of that concept in bothworks. Chapter one presents the style construction and critical, methodological aspects of Nietzschean philosophy, fundamental elements to understand Deleuze’s interpretation. It subsequently analyzes the first presentation of that concept, expressed in the following terms: the aesthetic existence, either innocent or justified from the figure of game. We will see how the image of game implies another concept of chance, that leads Deleuze to think of an affirmative philosophical “type”, capable of creating new values. Chapter two evaluates the existential, “ethical-selective”, “physicalcosmological” character of the concept of eternal return, as much as the difficulties it imposes upon Nietzsche’s interpreter. We present afterwards Deleuzian comprehension of eternal return as a “parody” or a “simulacrum of doctrine”. Chapter three analyzes that interpretive position as a transvaluation of values from a rearrange of perspectives in order to overcome the negative comprehensions of existence. We want to question the way Deleuze builds another image of thought from the concept of eternal return – an image that, by a sort of “colagem” and selective elimination of the negativity, proposes a historiographic work and unfolds a lineage of thinkers of immanence and difference, a detour from the thought of identity, the same and the similar. We want thus to understand Deleuze’s critique of “dogmatic image of thought”.