Controle social do espaço público: uma análise do conselho turístico pólo costa das dunas

The managing Conselho of public politics constitute one of the main experiences of democracy in Brazil contemporary representing a conquest for construction of a democratic institutionalism. The historical newness consists of the intensification and the institutionalization of the dialogue between government and society - in public and plural canals - as condition for an allocation more efficient joust and of the public resources. In this context the present study it objectified to understand from readings of the performance of represented group of bencheses the dynamics of functioning of the Tourist Conselho Pólo Costa das Dunas while space of participation and social control. The bibliographical research contemplated diverse sources in order to compile knowledge of credential authors in the quarrel of inherent subjects to the civil society and the public sphere to the construction of the citizenship to the conception formation and dynamics of the social control through Conselho of public politics. A qualitative perspective the case study was adopted as research method and for attainment of the data interviews with the members of the Conselho had been carried through beyond consultation the referring documents the dynamics of functioning of the Conselho. The profiles capacities and limitations of the members of the Conselho had been identified constitution social and dynamic organization of functioning of the Conselho and the readings of the members of the Conselho concerning the power to decide instances and participation. The results had shown that the allotment of being able in the Conselho does not occur of equal form. The functions of coordination of the activities of the Conselho are assumed by the representatives of the public agencies. Level of qualification of council members also if presents as difficulty to development of activities of Conselho since the majority of the interviewed ones disclosed unreliability and unfamiliarity when thematic specific that runs away from its organizacional reality they are boarded in the assemblies. Of this form the Conselho if presents more as half of institutional legitimation of what half of characterization of the creation of a public sphere properly said. Finally he could himself be concluded that a democratic culture inexists that inside crosses practical the institutional ones of the Conselho thus limiting the possibility to reach the effective social control of the public politics of tourism in the Rio Grande do Norte

Democracia Possível: espaços institucionais, participação social e cultura política

The present study aims at making a theoretically reflection about the reconstruction process of democracy that can be observed in the country since the opening political process, which took place with the Geisel´s government in 1974, passing through the first civil president, in 1985, the Constitution process, in 1986, and finally the Constitution promulgation in 1988. It interests to this study analyses the premise that the 1988 Constitution inaugurates the moment in which democracy starts to be reconstructed in the country, and that this reconstruction is made in such a brand new way, once it included the possibility of participation of the civil society in the deliberation of the public politics, what became possible with the creation of new spaces of a gestion shared by the three executive powers: federal; states; municipalities, and with the civil society, in the councils created in those spheres. In this way, this work wishes to focus the opening process to the civil society participation, wich became possible with the creation of the city councils of public politics. It´s about investigating the form in wich the relations set up in these hibrid spaces could be considered democratic, inclusive and promoters of effective participation, checking up tendencies, giving emphasis to regularities and some specifities encountered in the forms of participation, which have been observed in those councils. In order to comprehend the democratic process in construction in the country, the analysis of the relations established by the civil society and the local executive power in the obligatory municipal councils is taken as object of study, passing by the tensions wich evolves institutions and political practices, permeated by the local political culture. It starts from a briefly review of works already made on the subject

Participação administrativa processual na administração pública dialógica

The dissertation, which is based on the deductive method, by using general concepts of the theory of the administrative participation in the administrative process, addresses the importance of strengthening administrative and procedural activities of citizen involvement in public administration for the administrative consolidation of democracy in Brazil. The emergence of Administrative Law has particular importance for the understanding of its institutions and, of course, for the different fields of public administration. The authoritarian profile of this area of law still exists as a clear recollection of their origin, mainly based on a relationship of superiority of the state over the individuals. Indeed, does not even modern constitutionalism could print a true democracy administrative, since the constitutions were not properly observed by the Government. Furthermore, only the process of constitutionalization of administrative law legal relations took a more democratic profile. That is, the creation of an environment of dialogue with civil society is a recent achievement of the Brazilian government. As the administrative process involves dilemmas and solutions of state action, because it is revealed the expression government, the strengthening of institutions and principles related to the administrative procedure is important for role in making a more participatory relationship between state and citizen. Thus, administrative participation can be considered not only a mechanism of control and legitimacy of state action, but also for improvement and reduction of administrative costs, as a requirement of the principle of efficiency. The objective of this investigation is to assert as the administrative legal relation, the administrative legality, the administrative jurisdiction, the processuality administrative, the consensuality administrative and administrative justice, together with administrative participation, can contribute to a more democratic role of the Public Administration and, therefore, more dialogic and consolidator of the fundamental rights of citizens. Therefore, we highlight the importance of the administrative process and administrative participation as mechanisms for improving public policy and thus as a means of reducing administrative costs mediate the state

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

Mudanças nos modelos de gestão: a política educacional e dos (des)acertos da experiência no Rio Grande do Norte (1995-1999)

This work focuses on the educational policies, on the necessity of adopting new models of administration of the education, as well as the implementation of reforms in this filed during the 1990 s. It analyzes the strategies of decentralization of the education in Rio Grande do Norte, disclosing practices conceived in the governmental plans and programs. It also aims to evidence the aspects of the decentralization proposed in the educational system management model, adopted by the Department of Education and Culture of Rio Grande do Norte from 1995 to 1999. Bibliographic researches and documental analysis were used as sources and semi-structured interviews were held in order to collect data. This work also highlights the concepts of participation, autonomy and democratic management intrinsic to the process of decentralization in the education field. It is clear that decentralization, as the vector of democracy, requires not only certain conditions that assure the universal access to the necessary information, but also that all segments of the institution have a voice in the collegiates and that the management and decision-making processes be transparent. This analysis reveals the importance of creating means to promote autonomy, participation and democratic management in order to consolidate a decentralized system. It is also clear that these mechanisms have been proposed in a vague way by the governmental guidelines, which makes it harder to consolidate a democratic management model. Having this perspective as a parameter, it is possible to realize that the adoption of a management model prompted by the law hasn t established effective means of participation that, consequently, should provide decision centralizers which opposed to the democratic actions

Constitucionalismo internacional: direitos humanos sob a ótica da globalização

The work presented here is the result of research on the issue of human rights in the face of conflicting issues such as the incorporation of international treaties, the sovereignty of states, globalization and multuculturalism. Specifically, we will investigate the origin of human rights, alongside his growing recognition, from the Revolutions until its completion in the Universal Declaration of Human Rights in 1948. The question, however, has become broader, when analyzed from the perspective of the internationalization of these rights as conditions and limits of democracy. Given the convergence on the reception of international treaties on human rights, we analyze a series of positions, including recent placements of the Supreme Court, and Constitutional Amendment n.45/2004. The study aims to review the classical concept of sovereignty, now within a new perspective based on the appearance of certain limitations of the state and a crisis in the face of the protection of human rights. We analyze the phenomenon of globalization in light of its complexity and its relation to sovereignty and human rights in pursuit of an expansion of democracy. The theme is consistent also with the line of contemporary constitutionalism, since their approach has a close connection with the issues of sovereignty and globalization, as well as a current relationship with the protection of human rights. The research aims to analyze the formation of a new society within a global vision of the constitutionalization of international law. It seeks to glimpse the invocacion model of foreign precedents and the possibility of dialogue betweem States as a way of protecting and enforcing the protection of human rights

Mídia à luz do desejo: cartografias dos processos da mídia livre contemporânea brasileira

This paper aims to understand the specifics of the network communication and the logic of articulation of social insurgencies in contemporary inferred from the rizome concept coined by Felix Guattari and Gilles Deleuze and the multitude as preach Michael Hardt and Antonio Negri. To do so, it raises the processes and practices of political bodies, reaching lines and common strategies of operation. Unless the specifics, it is possible to draw a continuous and rizomatic communication that traverses both bodies enrolled in institutionalized democracy, as the spanish movement-party Podemos and the greek coalition Syriza, as the autonomous collectives, such as the Movimento Passe Livre, fighting for universal public, free and quality transport, and the free media initiatives Media Ninja and Catarina Santos, willing to understand the social movements. The constitutional amendment of this model of communication networking seems to be the desire to radicalization of democracy, the bias of Ernesto Laclau and Chantal Mouffe, as a strategic and common struggle. Indeed, speaking specifically of free media, they are built from here processes that take place in understanding the agency of the bodies as relevant to political action toward the radical democracy project, and the use of free softwares, the communicator-protester agency, the performance, the collective experience.

Controle social do espaço público: uma análise do conselho turístico pólo costa das dunas

The managing Conselho of public politics constitute one of the main experiences of democracy in Brazil contemporary representing a conquest for construction of a democratic institutionalism. The historical newness consists of the intensification and the institutionalization of the dialogue between government and society - in public and plural canals - as condition for an allocation more efficient joust and of the public resources. In this context the present study it objectified to understand from readings of the performance of represented group of bencheses the dynamics of functioning of the Tourist Conselho Pólo Costa das Dunas while space of participation and social control. The bibliographical research contemplated diverse sources in order to compile knowledge of credential authors in the quarrel of inherent subjects to the civil society and the public sphere to the construction of the citizenship to the conception formation and dynamics of the social control through Conselho of public politics. A qualitative perspective the case study was adopted as research method and for attainment of the data interviews with the members of the Conselho had been carried through beyond consultation the referring documents the dynamics of functioning of the Conselho. The profiles capacities and limitations of the members of the Conselho had been identified constitution social and dynamic organization of functioning of the Conselho and the readings of the members of the Conselho concerning the power to decide instances and participation. The results had shown that the allotment of being able in the Conselho does not occur of equal form. The functions of coordination of the activities of the Conselho are assumed by the representatives of the public agencies. Level of qualification of council members also if presents as difficulty to development of activities of Conselho since the majority of the interviewed ones disclosed unreliability and unfamiliarity when thematic specific that runs away from its organizacional reality they are boarded in the assemblies. Of this form the Conselho if presents more as half of institutional legitimation of what half of characterization of the creation of a public sphere properly said. Finally he could himself be concluded that a democratic culture inexists that inside crosses practical the institutional ones of the Conselho thus limiting the possibility to reach the effective social control of the public politics of tourism in the Rio Grande do Norte