Atuação e desempenho do Ministério Público do Estado do Rio Grande do Norte no contexto da gestão pública: perspectiva estratégica

The present dissertation analyzes the performance and acting of the Rio Grande do Norte Public Ministery, in the strategic perspective, while responsible Institution for the defense of the collective rights. The comprehension of this theme inserts in a context of modernization of the public administration, in which is inserted, as well as their functional and structural changes, in a reality of innovations there is passing the organizations, looking to rescue the legitimacy of the government organizations, aligning them to the democratic values of the society. It detaches the strategic administration and the public administration and it exposes the strategic performance about the central point of the study, focusing in the development of the organization in the last four years, and other relative subjects to the acting. It is a unic case study, framed in the characteristics of the qualitative approaches - descriptive and exploratory. The analysis showed, through the method of content analysis, by the criterion of thematic categorization, that MP / RN come developing in an intense way,and it detaches that the changes already happened reflect a good strategic acting of the Institution, especially in the structural and functional areas, showing the strategic conscience of this, although that is not still enough to consider it as a strategic organization, and it concludes that there is still a lot for doing, and that the occurrence of an administration typically strategic in the extent of MP/RN is possible, with the conscience and participation of all, members and servants

Atuação e desempenho do Ministério Público do Estado do Rio Grande do Norte no contexto da gestão pública: perspectiva estratégica

The present dissertation analyzes the performance and acting of the Rio Grande do Norte Public Ministery, in the strategic perspective, while responsible Institution for the defense of the collective rights. The comprehension of this theme inserts in a context of modernization of the public administration, in which is inserted, as well as their functional and structural changes, in a reality of innovations there is passing the organizations, looking to rescue the legitimacy of the government organizations, aligning them to the democratic values of the society. It detaches the strategic administration and the public administration and it exposes the strategic performance about the central point of the study, focusing in the development of the organization in the last four years, and other relative subjects to the acting. It is a unic case study, framed in the characteristics of the qualitative approaches - descriptive and exploratory. The analysis showed, through the method of content analysis, by the criterion of thematic categorization, that MP / RN come developing in an intense way,and it detaches that the changes already happened reflect a good strategic acting of the Institution, especially in the structural and functional areas, showing the strategic conscience of this, although that is not still enough to consider it as a strategic organization, and it concludes that there is still a lot for doing, and that the occurrence of an administration typically strategic in the extent of MP/RN is possible, with the conscience and participation of all, members and servants

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 princípio da vedação ao retrocesso social e o papel dos poderes públicos na efetivação dos direitos fundamentais sociais

The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

SINAES: as diferentes faces da avaliação na UFRN

This thesis entitled SINAES: the different faces of the evaluation at UFRN, aims to analyze the configuration that the national policy for assessment in higher education has taken on UFRN. We assume that in recent years there are an oscillation between the concepts of evaluation, according with the logic of public administration it has preferred an approach that presents itself as a promoter of quality, sometimes with regulatory aspects, sometimes with educational ones. The text discusses the use of the new assessment tools for higher education placing them under the new demands on state reform context in which this is to promote and measure quality based on the values of excellence and competitiveness. This movement arises from the redefinition of the role of the State that has been taking features of Evaluator State. From a historical review of government initiatives in the field of evaluation, we analyze the characteristics of assessment policies outlined over the past decades. We are based on the theoretical method that aims to examine the multiple determinants that shape a particular reality from the larger movement of totality. To identify, in this case, connections and ruptures that have emerged over the history of assessment policies aimed at higher education by checking their determinants in order to better explain the reality. To investigate the object of this study we used as instruments: the research literature and research documents, the semi-structured interviews and non-participant observation. The study revealed that there are different practices of evaluation and that before to establishment the SINAES program, the UFRN already had a culture of an institutional assessment, more participatory and democratic, opposing to the rigidity of the self-assessment in SINAES program that it was instituted by the Commission for assessment (CPA). We also noticed that the implementation of the SINAES at URFN has been performed very slowly and the breadth and complexity of the evaluation process has contributed to hinder its implementation in all dimensions provided by MEC. Although it was observed that in its operationalization the SINAES has assumed a more normative assessment and directed to establish rankings between courses and higher education schools than to establish a more qualitative assessment in this system. As regards the evaluation of the undergraduate course studied on this research and subjected to the three dimensions of evaluation proposed by SINAES (self-assessment, Evaluation of Courses and ENADE) it was not possible to verify an effective integration between the methods of assessing conducted. The results are considered separately, in only a partial view of the course evaluated the proposal what pits the SINAES as a system that involves the totality

A participação das mães no conselho escolar do CMEI Amor de Mãe

This research aims to study the participation of mothers in the School Council of the Centro Municipal de Educação Infantil Amor de Mãe. The goal is to understand the relationship among concepts that mothers have and their practices as advisors. The historical-philosophical approach taken along the research permitted working with real people and not those derived or idealized ones. It searched an approximation of the mode of being and living of the councilor mothers in their homes, and the concepts and practices in the School Council. It was inspired by ethnographic researches to describe data, habits, cultural practices, meanings and values of people involved. As sources of research, we used: interviews with mothers and school staff; documentary and photographic collection of CMEI Amor de Mãe; local and national legislation; notebooks of the National Program for the Strengthening of School Council (2004); data bank of dissertations and theses of the Post-Graduate Program in Education of the UFRN dealing with democratic management and the relationship school and family. The study indicates the existence of a narrative of the school community that shows mothers as "missing" or "passive" and a practice that point out to how people participate actively in the school routine. This contradiction reveals the existence of a historically constructed school mindset that is rooted in a model of family and school that differs from the reality found in CMEI Amor de Mãe and how families served by CMEI Amor de Mãe organize themselves. It is recommended that the school community and families reorganize the conceptions that guide their practices in educating and caring for children with whom they live and work to make progress together in managing this process

Entre a hegemonia e a polissemia: a Política de Educação e Desenvolvimento para o SUS no contexto do Brasil contemporâneo

The proposal of the Unified Health System Policy (SUS) has been considered one of the most democratic public policies in Brazil. In spite of this, its implementation in a context of social inequalities has demanded significant efforts. From a socio-constructionist perspective on social psychology, the study focused on the National Policy for Permanent Education in Health for the Unified Health System (SUS), launched by the Brazilian government in 2004, as an additional effort to improve practices and accomplish the effective implementation of the principles and guidelines of the Policy. Considering the process of permanent interdependencies between these propositions and the socio-political and cultural context, the study aimed to identify the discursive constructions articulated in the National Policy for Permanent Education in Health for the Unified Health System (SUS) and how they fit into the existing power relations of ongoing Brazilian socio-political context. Subject positionings and action orientation offered to different social actors by these discursive constructions and the kind of practices allowed were also explored, as well as the implementation of the proposal in Rio Grande do Norte state and how this process was perceived by the people involved. The information produced by documental analyses, participant observation and interviews was analyzed as proposed by Institutional Ethnography. It evidenced the inter-relations between the practices of different social actors, the conditions available for those practices and the interests and power relations involved. Discontinuities on public policies in Brazil and the tendency to prioritize institutional and personal interests, in detriment of collective processes of social transformation, were some of obstacles highlighted by participants. The hegemony of the medical model and the individualistic and curative intervention practices that the model elicits were also emphasized as one of the drawbacks of the ongoing system. Facing these challenges, reflexivity and dialogism appear as strategies for a transformative action, making possible the denaturalization of ongoing practices, as well as the values and tenets supporting them