Ordem econômica e política nacional de recursos hídricos: hermenêutica constitucional para o desenvolvimento sustentável

This research proposes a study about the interpretative techniques application that are compatible with the national legal system under the principles for Sustainable Development characterized in Brazilian Constitution. It verifies the actual possibility of reconciliation between national development and environment protection, with reflections under the water legal protection. It was proposed, therefore, to point subsidies for jurisdictional decisions involving development and the environmental goods, protected as constitutionally guaranteed principles. It was assumed that, both development and environment protection represents basic rights that are eventually placed in conflict situations, considering the many legitimate economic activities within the Brazilian State. A representative case analysis was elected within the current national scene, detailing the judicial and political conflict involving the Transboundery water Project from the São Francisco River Basin to another Northeastern river basin in Brazil. The implementation of several constitutional principles with elements from legal hermeneutics provides subsidies for the legal analysis about the conflict between development and environmental protection. It was assumed that the main discussion item about rights due to development today is the institutions influence and their results, among them the rules, laws and interpretative elements for the constitutional text objectivity, as the institutions credibility and the Supreme Courts interpretations. The use of interpretative resources for specific conflict situations about constitutional principles by Superior Courts, on the search, would bring a contributory factor for decision safety, related to sustainable development principles, elimination of inequalities and regional protecting for the environment. Specific aspects of Law No. 9.433/97 that introduced the National Water Resources Policy were examined, with its instruments, in order to specifically contextualize aspects of the Brazilian water resources management politics

A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights

Ética na pesquisa em turismo: percepções de discentes de programas de pós-graduação stricto sensu em turismo UFRN, UCS e UNIVALI

This study analyzed the perception of ethics on the part of students of Post-graduation in Tourism, to develop their academic research. It is characterized as exploratory-descriptive, being considered quantitative with some elements analyzed qualitatively. Data were collected through an electronic questionnaire, originated in google docs and sent via e-mail to 54 students in three graduate programs in Tourism: The Tourism Master of the Federal University of Rio Grande do Norte (UFRN), the Master in Tourism and Hospitality of the University of Vale do Itajai (UNIVALI) and Master of Tourism at the University of Caxias do Sul (UCS), resulting in 22 responses. The study presents a profile of the dissertation research of post-graduate students, their perception about research ethics, as well as the difficulties encountered in the research process. Notes that research of dissertation are geared mostly for the historical and cultural aspects of tourism and the choice of topics for the essays came in first place, due to the influence of the guiding lines of research and, secondly, due to social relevance. The methods used in post-graduate research are descriptive, the literature and exploratory. It also notes that most students graduate in tourism (81%) attaches great importance to ethics in carrying out their dissertation research, students claim that ethics brings credibility and seriousness to research. Furthermore, it was realized that they have no knowledge about the practice of misconduct by researchers in the field of Tourism. Demonstrate that the major ethical challenge encountered by students is in relationship with the research subject, what happens during data collection. It also notes that none of the respondents sent any project to be evaluated by an Ethics Committee (CEP), moreover, most do not know the resolution 196/96, which has the main guidelines on research ethics at national level. Concludes that the students post-graduate in tourism have little knowledge about the standards and guidelines on research ethics. They demonstrate ignore the benefits of research ethics in regarding the protection and preservation of the participant, as well as the benefits it generates for society