9 resultados para obligation to disclose

em Universidade Federal do Rio Grande do Norte(UFRN)


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It is analyzed the social struggle held by locals at Barreiras, Diogo Lopes and Sertãozinho communities (Macau-RN) in order to avoid the ownership of its mangrove area to hotel managers, in 1995 and to hinder the destruction of Ilha dos Cavalos mangrove by the shrimp producers, in 2000, what led to the creation of Ponta do Tubarão Reserve of State Sustainable Development, located at Macau and Guamaré cities, northern coast of Rio Grande do Norte, respectively 180 and 200 kilometers away from Natal, created in July, 18, 2003 by the Decree State Law n. 8.349, to preserve its traditional territory and way of life. It is photographed and analyzed the developed ways of life in this Unit of Conservation, from the sociocultural category, based in pointers of the material production in the life ways as: the work, the leisure, the religion, the popular knowledge and the action of the contemporary men on the environment. In this perspective, it is considered as method strategy a sociocultural photo cartography, created to this research, and to be concretized used photographic documents, observation, interviews, documental research and bibliographic research, being an association of techniques as peculiarities of this strategy of research. It is concluded that the social struggle developed by the collective actors at Ponta do Tubarão Reserve of State Sustainable Development, is characterized as a transforming action against the global and predatory capital, for the maintenance of the environment and the traditional way of life; One also concludes that the sociocultural photo cartography is very important as a proposal of possible procedures to being used in qualitative researches, because of its analytical potentialities providing a more including vision of the sociocultural routine of the studied space, in the attempt to know and to disclose the relations lived for the citizens of the research in Social Sciences

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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

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This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

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This dissertation deals about the theme of National Integration Program of the Professional Education to the Basic Education in the form of Youth and Adults Education - PROEJA, which was developed at the Federal Institute of Education Science and Technology of Rio Grande do Norte - IFRN - Campus Caicó. It aims to analyze the causes of the abandonment and the reasons for the permanence of students within the mentioned program. To substantiate this research, we used methodologically, some procedures such as bibliographical research, documentary analysis, semi-structured interviews and focus group. To analyze the data, we discussed the contradiction that involves duality and educational compensation based in the struggles and achievements of rights at the core of public policies for high schools, for vocational education and the education of youth and adults in the 2000s. We analyze the integrated high school under PROEJA, having as reference the conception of the total human formation; the inseparability of the primary education system and vocational education and the integration of knowledge and expertise as a whole, discussing the specificities of the modality EJA, discussing the causes of abandonment and the reasons for the permanence of the students of education for youth and adults (EJA) in the primary education system. As for the results, we found that although the PROEJA be a program that aims to provide a complete human formation to contribute to the full citizenship of their graduate members, what is announced in the document that guides its creation has not been materialized in Caicó Campus. The curriculum of the course was not designed for the students of EJA, nor teachers have had an adequate training to work with these specific individuals, and its specificities of being workers with differentiated learning times have not been considered. In addition, the courses are predominantly of instrumentalist characteristics. This indicates that the material and institutional conditions to achieve the promised total and complete training have not being fully materialized at the researched school. Associated with the difficulties concerning the intra-school and extra-school conditions, personal and socioeconomic conditions which are related to the obligation to work that implies in limitations to balance work, school and family, they influenced in the interruption of the school trajectory of these subjects. Through research, we confirmed that the motives of students who remain have to do also with intraescolares conditions the quality of education (qualification of technical staff and teachers) involved in the educational process, as well as socioeconomic and personal issues represented by the support of colleagues and family.Then it is concluded that the causes of abandonment and the reasons of the permanence are of institutional, socioeconomic and personal origins. Finally, it is observed that capitalist society demands as much as possible high levels of educated workers, and at the same time makes difficult the access to that education for much of the population, and it is not randomly. The objects of that exclusion are the popular worker classes and their children

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The environment of Intensive Care Unit (ICU) is commonly referred to as a place where caring is inextricably linked to high technology. The care in ICU often changes the patient into a taxpayer being left apart from its complexity and sometimes seen through a reductionist perspective. Thus, studies circa the care process are needed oriented from a historical ransom, raising the prospect of a more centralized human care. Hence, this study aimed to analyze the care process in a nursing intensive care unit from the perspective of the professional, family and patients. The study is characterized from a qualitative, descriptive and exploratory methodological approach. The actors were participating nursing professionals, patients and family members of an intensive care unit of Mossoró / RN. Data were collected in the period of May-June 2011, through interviews and observation of activities performed by nursing professionals, and their records in the chart. Data analysis was divided into topics and subtopics representing the phases and shapes that formed the collection. The analysis and discussion of the interviews were based on Bardin's proposal, when we created categories from a process of sorting and grouping criteria adequately defined. The observation of nursing records intended to observe the emphasis which is described in those notes as well as their consistency with practice of FCN and resolution 358/2009. The analysis showed that the nursing staff also performs work focused on mechanized activities and technical-bureaucratic institution that seem to override the needs of patients. In an overview, the care provided by professionals occurs either fragmented or insipient, however there is a service that involves other aspects beyond technical-curative practice, considering that major attention is given to the family and patient, focused on the concern of Nursing guiding their actions in not only the performance of procedures. However, the process of humanizing not always ends with an engagement between professional and patient, which mischaracterizes the true meaning of human care. The records also showed a tendency to focus on caring in a positivist line, where, in most cases, the factors of the disease and the obligation to meet the productivity have overshadowed other relevant aspects to a holistic understanding of caring. Regarding FCN Resolution No. 358/2009, which guides a systematization of nursing care, it is confirmed a technical view, a fragmented and superficial view of the patient, as well as a weakness of care, caused by ignorance and unpreparedness of the entire team. The perspective of caring demonstrates a reality with dialectic between what is proposed in a humane nursing and what happens in this performance space. Besides, it was shown a daily full of important considerations that arise in professional practice, in their views and also those people who were participants in the process

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Among the numerous policy changes that the world has experienced in recent years, occupies a prominent place in the quest for greater transparency of public agencies. Transparency has been an important tool in the accountability of the State to promote greater participation of the society by providing information that was previously restricted knowledge of public agencies. Brazil, following this trend, promulgated in May 2012 the Access to Information Act that seeks to disclose the actions of the State at all levels, in all public administration agencies. On the same day of the enactment of the law is provided society with a site that is empowering citizens to make their requests for information to government agencies. The Federal University of Rio Grande do Norte, which at that time had no a tool to assist them in managing this demand. This project has the objective to describe, build and implement a solution to solve this problem using Design Science Research as methodology. As result, the solution built in this research became a new module of the institution s ERP became it capable to control the entire process, and will be helpful to others partners which use our system ERP

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The educational institution, committed to the production and transmission of knowledge, has increasingly revealed a specific dimension of that commitment, which is to form people und to produce certain kinds of subjectivity. The child is involved in a context of subjectivity production becoming the object of expectations; expectations arising from the demands of a globalized world, and based upon a discourse of specialized fields of scientific knowledge relative to childhood. The purpose of the present work is to analyse the discourse found in the Parâmetros Curriculares Nacionais - PCNs (National Curriculum Guidelines) as concerns the first four years of Elementary education, trying to disclose its ideas and conceptions about the subject-child. Conceiving this discourse as an ideological phenomenon in which the word becomes the central stage where contradictory values are confronted, according to Bakhtin thinking, the analysis constitutes an effort to point out the voices which supply its basis, in what it reveals about the child. Assertions such as "preparing children for the working market", or for "exercising their citizenship", among others which can be found in the institutionalized pedagogical discourse, are stated in a universalized and normative sense, and have become the object of doubt and criticism. The investigation on the implicit and explicit conceptions about childhood as revealed in the PCNs, whose spokesperson has been the school, serves as the starting point for a series of other studies and reflections intended to pave the way for the implementation of educational processes which allow for singular manifestations of the subject-child

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The research examines the problem lie in the thought of Immanuel Kant. This field of law, of the history of political morality, we seek to investigate the Kantian rejection of falsehood and unconditional obligation to be truthful. Defends the thesis of the exception to lie and not be objectionable in two cases, namely: the torture and before the murderer. Thus, it is demonstrated that it is possible the exception to lie under the law, politics and history, considering the perspective of harmony of external freedoms and the idea of moral progress. In this sense, it is argued that the source of law is established to guarantee the external freedoms. From the point of view of morality, reaffirmed the absoluteness is that for Kant the duty of veracity, but it points to the possibility of a practical rule that allows the lie based on human dignity, weighting values as political equality, respect for rational agents, as well as the principle of humanity which teaches always treat the other as an end in itself.

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Aging as a social phenomenon is guided in the ways of production and reproduction, that is linked to the peculiarities and compliances of the social structure influence the values and erected senses. The search for the understanding of the reality will be given by the appropriation of knowledge/information that in contemporary times are increasingly tied to the media means, so that they go beyond the mere condition media, reaching the condition of instruments of direct, attitudes and opinions production. Among the media instruments, there are news medias, that are important means of information dissemination and consequently production of senses, including over aging. Thus, the objective is to: apprehend the social representations and meanings associated with aging in the media space about aging; browse the social representations about aging in media space and their influence on the relations that are established in the cultural socio-economic context. To do it The Theory of Social Representation will be used. To collect the data, 57 online news from the three main state newspapers were studied: Tribuna do Norte, Gazeta do Povo and Jornal de Hoje, which were captured through a search tol of these newspaper sites, using the words: “aging””elderly”. These materials were analyzed making use of Bardin’s Qualitative Analysis, which allowed the establishment of five categories, namely: Aging and violence; Aging in contemporary times; Aging and health; Aging and citizenship; and Aging, work and action. In the first category news reporting violent situations are framed the regardless of the victim’s condition or the one charged by the violence, the fragility of elderly persists. In Aging in contemporary times the attempts of the news media to explain the demographic changes of the quantitative increases in the elderly, the burden it may lead to the full development of the country are noticed. In Aging and health is noticed the imminent end of the condition brought on age, as a synonym for diseases and conditions. In the fourth category, Aging and citizenship situations are shown where peculiarities and needs or the elderly need to turn into obligation to be fulfilled, denouncing the condition of low expression and social power of the class. Finally, in Aging, work and action situations that indicate the non-expectation of elderly interaction with new technologies and participation in decision-making directions of society are brought. In a general and specific form this analysis allowed learning the ways of production of meanings about aging in the papers, as these ones tend to represent aging through intentioned situations as hegemonic needs, building the social representation of the elderly as fragile person, submissive, inactive, subject to violence and susceptible to becoming ill.