A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

A educação no processo de trabalho da enfermagem: o caso do hospital de ensino

It is in the work environment that occurs the relations of production, economy, personal development and professional growth. Thus, this environment characterizes for being a propitious way to the intellectual development diligent them. In this context, this study it had as objective to analyze the possibilities and challenges of the education to consist integrant part of the process of work of the nursing, in an education hospital. One is about a research of analytical matrix and qualitative boarding, that had as collaborating fifteen professionals of the nursing, middle- and upper-level, of a hospital of education in Natal/RN. It followed the metodológicos estimated ones of the thematic verbal history, which looks for to promote the agreement or clarification of determined situations, catching experiences of made use people to say on aspects of its life, keeping a commitment with the social context. The information then had been gotten by means of a research instrument that made possible the accomplishment of interviews, which had been marked anticipatedly and counted on the assent of that in they had participated. The interviews had been recorded in proper equipment, so that you say them of the collaborators transcribing and they were analyzed with the support of pertinent literature. The content of you say them was classified in empirical categories, as the nuclei of felt that they presented. With the analysis of the data, one evidenced that the education in the process of work of the nursing is something possible to occur, but that diverse they are the challenges that the same one has that to face to promote this phenomenon in its daily one of work. The collaborators had affirmed that the worker is necessary to remain itself permanently in study so that, thus, it grows professionally and improves its assistance. They had still affirmed that she is possible to work and to study, but that this requires determination of who intends such intention. E also guarantees that the diverse forms of education directed toward the care in nursing can have resolution, since that has collective compromising of the institution. This, as education hospital, recognizes to be necessary to possess one politics of education for its workers and is if considering implementation the same one through a structuralized program already. Therefore, the results of this research show the necessity of changes in the current scene where if they find the workers of nursing of the institution in study. These changes can be reached through one politics of investment in the workers, allowing, beyond other benefits, the reach of new knowledge that take them to a significant learning in favor of the population, reflecting in the quality of the given assistance

Adiamento da aposentadoria e o significado do trabalho para servidores de uma universidade federal

This study investigated the intention of the older workers to continue working after state pension age/time. On this way, it explores the relation between this intention and factors related with the meanings of the work and retirement. Specifically, it was examined that factors related to work and non-work are predictors of the intention to continue working, and it was explored if meanings of retirement are linked to this decision. It is a crosssectional mixed methods study, using a survey conducted with 283 federal civil servants of a federal Northeastern University which were near retirement. It envolved an on-line questionnaire, with open-ended questions and the likert-type scale "Older Worker's Intention to Continue Working" (OWICW) of Shacklock and Brunneto (2011), which was validated to the Brazilian version. The quantitative data were analyzed using descriptive and multivariate statistics, specifically procedures for comparing means and coefficients of multiple logistic regression. The qualitative data were analyzed using the lexicographical technique Descending Hierarchical Classification. The findings indicate that most participants want to continue in paid work, and that perception of personal autonomy at work, interpersonal relationships at work, interests outside of work, and flexible working arrangements are significant predictors of intention to continue working. Furthermore, the perception of personal autonomy at work, flexible working arrangements, and the financial incentives are predictors of decision to postpone retirement and remain in the organization. The analysis revealed five patterns of meanings of retirement: "worker's right", "resting", "idle time at home", "new stage in the life course", and "enjoy the use of time”. The decision to postpone retirement is linked to idleness and lack of substitutionary activities work, and the decision to stop working linked to retirement as a life with more quality. The study provides information that can contribute with management policies before the process of retirement decision.