A reestruturação produtiva e as novas formas de organização do trabalho: a experiência do transporte alternativo no município de Belém/PA

The study made in this thesis analyzes the new form of work organization at the urban collective transportation sector, so called Altemative Transportation which is a new form of public transportation that appears in the Brazilian urban context by the mid ninety' s, this work is made by independent or sub-contracted workers, usually organized in cooperatives . It reflects the investigation of new forms of precarious work, unformal which has been expanding in the urban transportation sector. Thus, discusses non regulation of the services sector problem the ways of survival of exc1uded workers from the formal work market mainly afier the capital productive restructure. It has as privileged area of investigation, the sector policy of urban transportation that make field of the main nets of political articulations that define the dynamic of the urban space. It is known that the urban collective transportation allows the access to the production, circulation and general consumption being necessary to the mobility of the resident population, mainly to those with low purchasing capacity. It becomes a field of empirical investigation at the Belem municipal, located at the Amazonic region - north Brazil. The main points dealed on this research start from concrete relations from the daily life of workers that deve1op their activity on the altemative transport mediated with theoretical references needed for understanding and interpretation of the studied reality. The investigation strategies were built from the abstract (theorical knowledge produced for the reality analyze) in concrete by the investigation quantitative-qualitative from this area of urban policy, making up possible the formation of a references chart to the analyses of the studied subject. Rescue his historicity, from characterization of the urban space of the metropolitan region of Belem passing true the forms of organization and urban services performances while essential production and reproduction element of the social relations. Identifies the main individuals that historically have been participating in the construction of the municipality transport policy and the ways of expression of the local political strength relations. Outstand the State paper on the net of established relations near the local power, as well as outstand the importance of social sciences in the understanding of urban policies in the transportation area, trying to bring input to the academicals -scientific debate .The above e1ected and mentioned points in this study are crucial for a critical reflection of the transportation policies. That relation is not given, but historically built at the power relation chart that makes up this unique area of the urban policies

Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies