Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

Natal, outra cidade : o papel da Intendência Municipal no desenvolvimento de uma nova ordem urbana(1904-1929)

The present work regards, as its subject, the management of the urban space. It aims to survey the role assumed by the Conselho de Intendência Municipal de Natal (Municipal Stewardship Council of Natal) in the formation of a new urban order between the years of 1904 and 1929. For a better comprehension of the object of research, the milestone of the time span analyzed in this work was receded to the year of 1890, specifically at the first chapter of this dissertation. In this chapter, we will turn our attention towards an analysis of the referred council, on the regulation of its operation, the relations of this institution with the state government and its mechanisms of action in the city, among other topics. In the next chapter, we will delve into an elite who administrated the city of Natal during the first republic, understanding that the analysis of the formation of a modern city project by the Municipal Stewardship undergoes the comprehension of those who leaded this institution. In the third chapter, we will examine the limits of the municipal management to put into practice its projects to the upraise of a new Natal, between the years of 1904 and 1921. The last chapter, on its turn, presents a new Stewardship, reformulated after a process of administrative streamlining, and a city that transforms itself, especially during the O Grady tenure by receiving major constructions, which alter its main features. We will regard, as the main resources of this study, articles from the daily newspapers A República (The Republic) and Diário de Natal (Daily Natal), dictums, announcements, laws, state decrees and the messages disclosed by the state government. To build a way of analysis, we make use of authors such as Anthony Giddens, Peter Burke and Laurent Vidal, among many others who discuss concepts related to the proposed theme

As Faces e os Disfaces da Informalidade no Capitalismo Conteporâneo: Um Estudo do Comércio de Rua em Pau dos Ferros/RN

This paper discusses the expression of informality in contemporary capitalism. Thematic of relevance to the analysis of the reality of work today and the logic that moves the capital, its real presence in the lives of individuals. The street trading of Pau dos Ferros town, popularly known as "street market" was chosen as the search space. The main objective is to seize and examine the articulations and logic, present in the configuration of the street trading of this city, located in the state of Rio Grande do Norte, explaining the functionality of informality for capitalist accumulation, but also for the reproduction of segments of the working class. Our analysis is based in the perspective of totality, trying to grasp the historical determinations of the phenomenon in focus. It includes the analysis of the mechanisms used by the capital to reproduce itself in the current historical context, which has been implicated in the composition of the labor markets of different countries and in various forms of exploitation to which workers in general are subject. It also means discussing the development of capitalism in Brazil, the logic that permeates its dependence, and especially the use of over-exploitation of labor, as a lever for internal accumulation. The course of investigation consisted of theoretical research to form the basis of theoretical and methodological analysis and to outline the context in which our research object is inserted, and field research conducted in two phases: systematic observation, which allowed to map traders features and the infrastructure of commerce, and the conduction of interviews with key informants. The material collected was scrutinized according to analytical scheme inspired by the content analysis. Among the main considerations developed from the research process we include: the street trading of Pau dos Ferros remains shrouded in the majority sale of agricultural products, this demonstrates the structural characteristics of the region. However, the supply of this product is no longer restricted to the excess of small local producers. The presence of the dealer changed the distribution of the product, streamlining it. In parallel, business practices are developed, practices in which traded goods (industrial) reflect the moment of capitalist restoration, a larger business network. The reflections also made it possible to show that street trading follows developing on the basis of informal work, which gains functionality to the system, as it is configured as a space commonly used to drain part of the production, of industries (clothing/shoes), especially if the distribution is considered as an essential element of the complex process that aims at capital appreciation. This activity has been functioning as a place of employment and income generation for the subjects who are away from formal employment, masking, this way, unemployment, moreover, they allow them to continue as consumers. Such expressions reflect the ability and the logic of capital to expand and aggregate into so many realities. It is underway today, the logic that has led many workers to join the project of domination of capital, by the illusory chance to become capitalists. The aim has been to turn the subject into a consumer and the worker an enterprising