A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

Tear identitário:a prática docente em arte como conhecimento compartilhado

This investigative tissue is about the formation of identification processes of teachers and pedagogical practice of Art, in Teresina city. This search comprised the sum of the needs presented, agreed upon with the teachers engaged in the process, it was developed through the establishment of interactive environment Loom Team where collaboration and critical reflection were steering actions to promote the understanding of existing connections or relations within the processes of identifications and the pedagogical practice of Art. The tissue is formed by the polyphonic plot of the critical reflection of nine teachers of Art who engaged voluntarily and this investigation of formative nature and a production of knowledge. All these teachers have degree and the course of artistic education and especial qualification in Fine Arts and/or Drawing. The texture, which we denominated Identification Loom: The pedagogical practice of Art as share knowledge is (de) (re) construction of knowledge resulting from the critical reflection, in an environment of collaboration, which may have implications and ethical political attitudes in the pedagogical practice of the group. Within this context, we pose the following question: - How does the pedagogical practice in Art influence and/or be influenced by the identification processes of the teachers, and how do they interfere with the search and manifestation of the knowledge involved and the investment in professionalization? In view of this query, we make use of the cooperative investigation, having social history as theoretical reference and as analytic perspective of interactive and dialogical-reflexive processes. Thus, social historic theory, cooperative approach and pedagogical practice were the major components of the plot. The methodological texture counted on the threads of dialogical reflexion, of mediation and of collaboration. The conceptual formulation, the recording in videos of classes and the narratives of formations were the main threads of the analytic substrate of the investigation. With this articulation, theses threads appear as developers of processes leading to a major approximation of the thought on the identity/alterity dialectical pair of the participants involved. The language within this plot had a decisive importance in all the moments of the search of signification, embracing and connecting the identification/alterative processes, the pedagogical practice of Art and the knowledge shared. In such processes involving (de) (re) construction, one can notice a close correlation of the triad social identity, pedagogical practice and knowledge shared. For this reason, the vigotskian, guetmanovian and kopnian theoretizations were the major framework for the analysis of conceptual formulations; and, as for discourse analysis, Baktin and Orlandi were our masters. For these teachers, the experience shared throughout the process of this typology of tri-axial investigation focused the experience of many theoretical and practical assumptions. Such an experience enabled them to state that this, with collaboration, can make reflection on the practice a starting and promoting element, within the individual level of self-management, in addition to being a space of (de)(re)construction of meanings, of knowledge and of reinvention per se

Resistência e performance na arte de João Cota

Researching about the art of tell and the tales told by João Cota is somehow revisiting the oral tradition and social practice in the story-telling art. It takes into consideration the resistance this art still exerts, mainly by using the performance of oral transmission and receptiveness to tales. The study of this practice contributes to the vivacious and dynamcis permanence of this authentic and traditional storyteller of his repertory and of his form to tellin our culture. Story-telling is part of the humankind living heritage communicated by means of popular wisdom. Despite the risk of vanishing into thin air, along with their narrators, the tales still manage to resist the contemporary mass culture model. How long further will stories like the ones narrated by João Cota be able to resist to strong and stronger structures dictated by writing and other communication means? João Cota s practice in story-telling will be studied not only as a proposal to identify the presence of this practice and the oral cultural resistance but also, through the performance prospective, to identify the oral transmission and receptiveness to the tales that are part of this storyteller s repertoire. In other words: what he tells, how he tells it, and why he tells it. The advent of new technologies such as internet, through which people can easily communicate with others in different parts of the world, and the greater and greater expansion in the writing skill concept interfere the maintenance of the oral tradition elements present in João Cota s narratives and inserted in the Brazilian culture. This has become more visible in the latest decades although we still notice the living tradition and permanence of the story-telling practice in several parts of the country through their wise storytellers. Our research target will require - in each of its study stages reference to works by several theoreticians namely Paul Zumthor, Mikhail Bakhtin, Câmara Cascudo, theoreticians from the receptiveness aesthetic, from the written culture history, from oral cultures and reading practices, from tradition and the Brazilian Culture of oral story-telling. In order to get to know and draw a profile of this storyteller, we ve chosen to use the comprehensive interview method by French Sociologist Jean Claude Kaufmann. The originality in the method consists of the qualitative data put together in situ , concentrated on the storyteller s narratives/speeches recorded on tape, which will be the focal point of this study. Our analysis method is based on tireless sessions of listening to interviews out of which we gathered information related to the storyteller, his practice in telling the tales, and his repertoire