Os instrumentos de incentivo à produção e uso de biodiesel no Brasil: uma análise constitucional sob o princípio do desenvolvimento sustentável

The recent insertion of biodiesel derived from oily vegetables in the Brazilian energetic matrix calls for the study of some aspects that belong to it. The analysis of the carbonized energetic pattern concerns the paradigm of economic development that is constitutionally enshrined sustainable development which make environmental protection compatible with the needs of the economic rationality. This text is structured according to the ideas of modern hermeneutic that sees substantial value in the principles capable of create a harmonious relationship between law and society. The study of the constitutional principles to conduct a legal analysis about the National Program for Production and Use of Biodiesel - PNPB. The aim of the research is the study of PNPB ahead with the constitutional principles governing the economic order. To achieve this end we studied the sustainable development as a constitutional principle. We start with the notion that the thematic principles, and fundamental to understanding the dimension of sustainable development institute, since its concept is closely related to the applications of the principles enshrined in virtually all the constitutional order of the Western world. Then this was the National Energy Policy, initiating the approach by guiding principles of the National Energy Policy to develop the theme of public policy in the energy sector. Therefore, we studied the National Program of Biodiesel Production and Use - PNPB. From a technical introduction to the concept of biodiesel and a brief historical background, analyzing their advantages compared to fossil fuels predominantly used. Then it became a regulatory overview of the Brazilian legislation on the subject, central to understanding the plans and objectives pursued by the Brazilian government with encouraging the production of biodiesel. Finally discussed the tax incentives for production and use of biodiesel in Brazil. From the idea of federalism, characterized the tax as an instrument of state intervention in the economy. And finally it brought the tax incentives of Law No. 11.116/2005 in the face of the constitutional principles of economy and tax, and tax incentives from projects related to the Kyoto Protocol

O direito à saúde e a política nacional de atenção oncológica: uma análise a partir da crescente judicialização dos medicamentos antineoplásicos

The 1988 Federal Constitution of Brazil by presenting the catalog of fundamental rights and guarantees (Title II) provides expressly that such rights reach the social, economic and cultural rights (art. 6 of CF/88) as a means not only to ratify the civil and political rights, but also to make them effective and practical in the life of the Brazilian people, particularly in the prediction of immediate application of those rights and guarantees. In this sense, health goes through condition of universal right and duty of the State, which should be guaranteed by social and economic policies aimed at reducing the risk of disease and other hazards, in addition to ensuring universal and equal access to actions and services for its promotion, protection and recovery (Article 196 by CF/88). Achieving the purposes aimed by the constituent to the area of health is the great challenge that requires the Health System and its managers. To this end, several policies have been structured in an attempt to establish actions and services for the promotion, protection and rehabilitation of diseases and disorders to health. In the mid-90s, in order to meet the guidelines and principles established by the SUS, it was established the Política Nacional de Atenção Oncológica PNAO, in an attempt to sketch out a public policy that sought to achieve maximum efficiency and to be able to give answers integral to effective care for patients with cancer, with emphasis on prevention, early detection, diagnosis, treatment, rehabilitation and palliative care. However, many lawsuits have been proposed with applications for anticancer drugs. These actions have become very complex, both in the procedural aspects and in all material ones, especially due to the highcost drugs more requested these demands, as well as need to be buoyed by the scientific evidence of these drugs in relation to proposed treatments. The jurisprudence in this area, although the orientations as outlined by the Parliament of Supreme Court is still in the process of construction, this study is thus placed in the perspective of contributing to the effective and efficient adjudication in these actions, with focus on achieving the fundamental social rights. Given this scenario and using research explanatory literature and documents were examined 108 lawsuits pending in the Federal Court in Rio Grande do Norte, trying to identify the organs of the Judiciary behave in the face of lawsuits that seeking oncology drugs (or antineoplastic), seeking to reconcile the principles and constitutional laws and infra constitutional involving the theme in an attempt to contribute to a rationalization of this judicial practice. Finally, considering the Rational Use of health demands and the idea of belonging to the Brazilian people SUS, it is concluded that the judicial power requires ballast parameters of their decisions on evidence-based medicine, aligning these decisions housing constitutional principles that the right to health and the scientific conclusions of efficacy, effectiveness and efficiency in oncology drugs, when compared to the treatments offered by SUS

As práticas exitosas de leitura no ensino fundamental: vozes sociais de professores e de estudantes

The school is the social place which should provide the formation of critical readers. In this context, the role of the teacher is crucial when it comes to teaching reading. Thus, this doctoral research aims to explicit the reading practices evidenced from social voices of teachers and Fundamental School students from state public schools at RN that have successful results, according to IDEB 2009. Moreover, we seek to explicit, through the positions of teachers, the conceptions of reading underlying their reading activities, as well as elucidate the social voices related to teaching of reading that are present in the National Curriculum Guide for 9 years Fundamental School and in the Political-Pedagogical Projects of the educational institutions investigated. In order to accomplish this goal, we carried out observations in the classroom, applied questionnaires with teachers and students in the 9th grade of Fundamental School, in classes of Portuguese Language, and also performed dialogical meetings with the management and pedagogics schools teams. The theoretical foundation that guides the research comes from bakhtinian thinking (2009, 2010), which addresses the dialogical perspective of language and active responsive comprehension. Furthermore, this work is anchored in theoretical reflections of Antunes (2005, 2009) and Geraldi (2003, 2006, 2010) about the reading and writing in the country, which contribute to the resizing of the teaching and learning process of Portuguese Language. This study belongs to the field of Applied Linguistics, which investigates language as social practice in the context of learning mother language or in contexts where relevant questions about the use of language are evidenced. The parameters of qualitative research in a social-historic perspective are adopted seeking to understand the school context by the subjects involved in research. The research corpus is composed of: (i) information constructed through the use of questionnaires with teachers and students; (ii) information constructed from the observed lesson and dialogue with management and pedagogical teams; (iii) a set of selected information, i.e., empiricism built through documentary analysis of the National Curriculum Guide for 9 years Fundamental School (CONSELHO NACIONAL DE EDUCAÇÃO, 2010) and the Political- Pedagogical Projects of the investigated schools. The analysis of the sayings of teachers and students suggest reading practices from various texts, in particular, from the literary sphere, in activities involving discussions, reading and reading comprehension exercises, interviews, songs, seminars organizations, concerts, dramatizations, literary weeks, among other practices. Furthermore, these analyses reveal that teach Portuguese Language requires commitment, responsibility and satisfaction, as well as more grounded theoretical principles, which make teaching practice more efficient. The research also reveals that the success of the teaching-learning process occurs by virtue of the involvement of school s segments in the educational process, creating therefore a network of responsibilities. In this sense, this research may contribute to the production of knowledge that can guide and enrich the teaching and learning of reading, envisioning a pedagogical practice constructed from the relationship with the other, i.e., from the dialogism which provides formation of young people that exercise their citizenship