15 resultados para the fundamental supermode

em Universidade Federal do Rio Grande do Norte(UFRN)


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As neuroscience gains social traction and entices media attention, the notion that education has much to benefit from brain research becomes increasingly popular. However, it has been argued that the fundamental bridge toward education is cognitive psychology, not neuroscience. We discuss four specific cases in which neuroscience synergizes with other disciplines to serve education, ranging from very general physiological aspects of human learning such as nutrition, exercise and sleep, to brain architectures that shape the way we acquire language and reading, and neuroscience tools that increasingly allow the early detection of cognitive deficits, especially in preverbal infants. Neuroscience methods, tools and theoretical frameworks have broadened our understanding of the mind in a way that is highly relevant to educational practice. Although the bridge’s cement is still fresh, we argue why it is prime time to march over it.

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Electrical energy today is an essential element in the life of any human being. Through the access to electrical energy it is possible to enjoy dignified conditions of life, having in mind the possibility of making use of minimal material conditions of life. The lack of access to electricity is directly linked to poverty and degrading conditions of life, in which are some communities in Brazil, especially the more isolated from urban centers. Access to the electric service is a determining factor for the preservation of human dignity, constitutional principle inscribe in the art.1 of the Federal Constitution, and the promotion of development, being a right of everyone and a duty of the State to promote universal access. For that reason, focuses mainly on the analysis of their setting as a fundamental social right and its importance for national development. For this, the theoretical and descriptive method was used, with normative and literary analysis, in particular the Constitution of 1988. This study also discusses the form of action of the State in the energy sector, to give effect to the fundamental social right of access to electricity, the characteristics of public service and the principles that guide it, in addition to the role of public policies in universalization of access, in particular the analysis of the Program Luz para Todos, and the function of regulation in the implementation of these policies and the provision of adequate public services.

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This dissertation aims to address the limits and possibilities of realizing the fundamental right to reasonable time of the Brazilian legal system process. From this perspective, we analyze a reasonable time concept for the process, consistent with the civil homeland process; the relationship between efficiency, effectiveness, legal security and reasonable time of adjudication; a formal recognition of the fundamental right to reasonable time of the procedure in the Constitution of 1988; and the immediate applicability of this fundamental right. As indicated, the crisis of the Judiciary and procedural delay are problems directly related to the limits and possibilities of realization of the fundamental right under study. Moreover, we also present some mechanisms that can be used to overcome these problems. The subject was developed based on constitutional interpretation of fundamental rights, an approach that will always have this concern to be based on a methodology which includes the normative and empirical-dogmatic fields, realizing the fundamental right to reasonable time of the process. We adopted as methodological approach the study of this issue in judicial aspect, more specifically in the field of civil procedure. Finally, we weave through a critical and analytical view, our conclusions, which demonstrate the possibilities of overcoming the limits imposed to immediate implementation of the fundamental right to reasonable time of the process in our legal system

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This scholarly work aims to investigate the feasibility and constitutionality of access to justice through the provision of full and free legal assistance by the Brazilian municipalities. Investigates the historical aspects of federalism in a global context, emphasizing the contributions left by American federalism. In the Brazilian context, emphasizing the importance of municipalities as federal entities and their outstanding characteristics, while addressing regional issues of federalism. Leanings to the more detailed analysis of the Brazilian municipalities, contextualizing its legal status, its independence and its constitutional powers. It is emphasized in the same way, the relevant transformations of Brazilian municipalities over the last twenty years of this Constitution of the Federative Republic of Brazil in 1988, especially the various constitutional amendments that affected the local autonomy and budgetary aspects, fiscal and skills, bringing significant changes to the municipalities. It is an approach to the concept of justice and deepening the studies on the fundamental right of access to justice in its various connotations. In this vein, it is a study on the legal advice provided in Brazil, especially the powers of the Public Defender of the States and Union, as well as the provision of such public service by Brazilian municipalities and its relevance to citizens in need. At this point, it deepens the relevance of the theme of this dissertation earning the implications of municipal performance in the provision of legal assistance provided to the needy, and the activity of the Municipal Attorney or legal counsel in conducting such a task and its implications for legal and procedural especially on the constitutionality or otherwise of the conduct of such public service, confronting the constitutional articles that are correlated with the subject. Within this context, evaluates the municipal legal assistance under the test of constitutionality, in particular the assistance given by the Executive, through the Municipal Attorney or specialized secretariats and that provided by the Legislature, although it only has the typical functions of legislating and control the municipal accounts, comes in a few municipalities in Brazil deploying sectors with the performance of legal services to the needy. At this point the thesis, one wonders if some important aspects of this activity such as political influence and patronage, very common in day-to-day municipal prosecutors and legal advisers, public employees or occupying commissioned positions within the municipal administrative structure in several municipalities throughout Brazil. Finally, there will be a conclusion as to the constitutionality of the service being done by presenting proposals and recommendations that may improve the municipal legal aid, allowing a constitutional backing to this important service is being provided in capital cities and municipalities throughout the length of Brazil

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The Federal Constitution of 1988 is recognized for its enlargement in the face of large amount of provisions that make it up, among which many are fundamental rights. The fundamental rules set up the foundation of a democratic state, however, are the necessary legal mechanisms to be effective, its exercise is not enough merely to state them, but to offer ways for them to stop being just written standard on paper, and come to be viewed and exercised day-to-day. In this sense, access to justice presents itself in our times, as a cornerstone for a just society dictates. In this light, access to justice can be seen as the most fundamental of rights, which translates as instruments able to safeguard the fundamental rights not only against the action/omission violating the state but also the very particular. Furthermore, access to justice within the legal country, is not right for everyone, despite the willingness of the Citizen Charter in its article 5, paragraph LXXIV, ensuring that the State shall provide full and free legal assistance to those in need. More than half of the population lives in poverty and can´t afford to pay legal fees or court costs as well as a bump in their own ignorance of their rights. The judiciary, in their primary function, is in charge of trying to correct the violation of the rights, intending to effect a true distributive justice, serving as a paradigm for the promotion of substantive equality of human beings, however, is difficult and tortuous access Justice for those without financial resources. In this vein, we present the Public Defender, as keeper of the masses in its institutional role, defending a disadvantage, in the words, as a mechanism for effective access to justice, ensuring therefore fundamental rights. Public Defenders arise at the time or much discussion highlights the priority of actual access to justice, custody, therefore, intimate bond with the pursuit of fundamental rights, in which, that advance the broad range of rights, without whom could defend them or guardianship them

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The Participatory Democracy is disseminated throughout the Principle of Popular Sovereignty. Since it spurs the participation of the people in the exercise of political power, it emerges as a conciliatory alternative to the Representative Regime - one of questionable legitimacy in account of the distortion it causes on the will of the public. It does so specially vis-à-vis the legislative, where the law is created. It s known that our Constitution (arts. 1º e 14, CF/88) provides for the means through which the members of the public may take part in the political process of the country, for it consecrates the plebiscite, the referendum and the popular initiative, all of them incipiently regulated by the Lei nº 9.709/98. It s our task, thus, to inquire, through deductive reasoning as well as the legal exegeses, the enforceability of the Popular Initiative as a means of popular emancipation, given that it enables the citizens to conscientiously participate in the public sphere. It has also an educational ethos which builds the capacity of individual to act, and, therefore, through thoughtful choices, enhance the legal system. Furthermore, the Lei da Ficha Limpa (LC nº 135/2010) surely represents a milestone in the Brazilian political history, since it accrued from a new way of social interaction allowed by the usage of communication technology on the pursuit of political morality. As a matter of fact, this bill is a clear example of how a legal act was legitimately proposed through Public Initiative. Hence, it s beneficial to actually make use of the Public Initiative, under the influence of the New Constitutional Hermeneutics, with a view to supporting social claims and promoting a dialogical relationship with the State in order to help it in the decisionmaking process. Thereat, we can achieve important civic spaces through which the fundamental right to democracy shall be materialized, tearing apart the old paradigms of inequality and, thus, promoting social justice

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If, on one hand, only with the 1988 Federal Constitution the right to health began to receive the treatment of authentic fundamental social right; on the other, it is certain since then, the level of concretization reached as to such right depicts a mismatch between the constitutional will and the will of the rulers. That is because, despite the inherent gradualness of the process of concretization of the fundamental social rights, the Brazilian reality, marked by a picture of true chaos on public health routinely reported on the evening news, denatures the priority status constitutionally drew for the right to health, demonstrating, thus, that there is a clear deficit in this process, which must be corrected. This concern regarding the problem of the concretization of the social rights, in turn, is underlined when one speaks of the right to health, since such right, due to its intimate connection with the right to life and human dignity, ends up assuming a position of primacy among the social rights, presenting itself as an imperative right, since its perfect fruition becomes an essential condition for the potential enjoyment of the remaining social rights. From such premises, this paper aims to provide a proposal for the correction of this problem based upon the defense of an active role of the Judiciary in the concretization of the right to health as long as grounded to objective and solid parameters that come to correct, with legal certainty, the named deficit and to avoid the side effects and distortions that are currently beheld when the Judiciary intends to intervene in the matter. For that effect, emerges as flagship of this measure a proposition of an existential minimum specific to the right to health that, taking into account both the constitutionally priority points relating to this relevant right, as well as the very logic of the structuring of the Sistema Único de Saúde - SUS inserted within the core of the public health policies developed in the country, comes to contribute to a judicialization of the subject more in alignment with the ideals outlined in the 1988 Constitution. Furthermore, in the same intent to seek a concretization of the right to health in harmony with the constitutional priority inherent to this material right, the research alerts to the need to undertake a restructuring in the form of organization of the Boards of Health in order to enforce the constitutional guideline of SUS community participation, as well as the importance of establishing a new culture budget in the country, with the Constitution as a compass, pass accurately portray a special prioritization directed constitutional social rights, especially the right to health

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The work objectified to apprehend the degree of the teachers' concept concerning the territory concept and to intervene with situations of critical reflections to accompany and to analyze the process of conceptual elaboration. It contemplates on the (new)meaning of knowledge and (new)elaboration of the concept in study done inside a pedagogic intervention. The Municipal School Dr. Julio Senna - Ceará-Mirim/RN and six (6) teacher-collaborators that taught in the 3rd and 4th grades of the fundamental teaching, constitutes the empiric field of the research. Its theoretical-methodological contributions are built in the studies of Vigotski (2000a, 2000b and 2001) on the formation process and development of concepts; in the methodology colaborate (Ibiapina (2004), Bartomé (1986), Kemmis and Mctaggart (1988), Arnal, Del Ricon and Latorre (1992), Pepper and Ghedin (2002), among others) and in the critical-reflexive conception of the Geography (Soares Júnior (2000 and 1994), Silva (1998), Raffestin (1993), Santos (1994), Felipe (1998), among others). The accomplishment of the work presupposed starting from the reflections on the following subjects: which the teachers' understanding in the school space concerning the territory concept? How does happen the process of conceptual construction territory for the teachers? The analysis of the teachers' previous knowledge on the concept in study, evidenced that its apprehensions on the attributes of the referred concept went mentioned the to light of the perceptible dimension of the real-concrete relationships of the reality linked to the degree of the spontaneous concepts and followed by the ideas of the traditional, humanistic and cultural geographical conceptions (positivism and phenomenology), restricting the territory meaning the notion of State-Nation and place of the men's dwelling. In the intervention process, it was verified to real possibility of the acquisition of indispensable scientific concepts to the process of (new)meaning conceptual of geographical knowledge through the continuous practice of the educational formation, when it was evidenced that the teacher-collaborators acquired high degrees of attributions of the significance of the territory concept to the they elaborate generalizations by means of analyses and syntheses of the concept-attribute (essential and multiples) of the reference conceptual in study

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This study aims to include topics related to Space Science in elementary education from an experiment that aims to rescue the science teachers in public schools of São Tomé, RN, a taste for experimentation and exploration of advanced technologies. During this research with teachers found that they knew enough about the subject, but this knowledge was restricted to the events disclosed by the media. Regarding scientific knowledge, that same surface, they had many conceptual difficulties which hindered the approach of these topics in their classes. To overcome this difficulty, a workshop was held where teachers had the opportunity to discuss the historical aspect of Space Science, some physical concepts related to it, and the conduct of experiments with PET bottle rockets that recover from the curiosity typical of how the science. The results were outlined in the form of Planning Didactic built by teachers and using themes related to space science, from there, discussing content already provided in the composition of the schools curriculum. Therefore, this work allowed the teachers a minimum training required for them to not only reproduce, but readjusted and build, from this, their own paths in the classroom at the fundamental level

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O presente trabalho consiste em uma investigação acerca das concepções de estudantes sobre o que é um inseto. Partiu-se do pressuposto de que os alunos expressam concepções errôneas no momento de identificar os representantes do táxon Insecta e que isso é consequência das experiências do cotidiano e de erros conceituais oriundos da formação escolar incorreta. Os objetivos deste trabalho foram investigar sobre concepções alternativas acerca dos insetos com alunos do ensino fundamental II e propor situações para promoção de uma aprendizagem mais ativa. Os dados para analise foram coletados em três turmas de escolas diferentes: uma escola em Nova Parnamirim, da rede privada, e duas da rede pública municipal de ensino: uma do município de Natal/RN e a outra do município de Parnamirim/RN. Utilizou-se como instrumento um questionário aplicado em duas fases. Na primeira etapa foram feitas três questões abertas e duas fechadas. Na segunda, aplicaram-se mais três questões. Nesta oportunidade foram apresentados aos alunos uma lista com imagens de insetos e animais considerados não insetos. Os resultados dos questionários mostraram que os alunos apresentaram na sua maioria, 62%, sentimentos negativos sobre os insetos, expressos por palavras depreciativas, entre elas: nojentos, feios, asquerosos, perigosos, sendo estes mais da metade dos alunos da amostra. Sentimentos positivos representaram 20%: fazem bem ao homem, Deus criou, são bons, são bonitos, e 18% apresentaram neutralidade nessas categorias. Outro resultado apresentado foi que 82% generalizaram os animais artrópodes como sendo insetos. Como forma de resolver problemas relacionados as concepções uma unidade didática foi aplicada em uma das escolas envolvidas na pesquisa, validando assim um instrumento pedagógico que incluiu atividade lúdica constituída de um jogo de tabuleiro proporcionador de uma vivência de aprendizagem focada em conceitos científicos sobre os insetos fáceis de serem apreendidos

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Among several theorems which are taught in basic education some of them can be proved in the classroom and others do not, because the degree of difficulty of its formal proof. A classic example is the Fundamental Theorem of Algebra which is not proved, it is necessary higher-level knowledge in mathematics. In this paper, we justify the validity of this theorem intuitively using the software Geogebra. And, based on [2] we will present a clear formal proof of this theorem that is addressed to school teachers and undergraduate students in mathematics

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The Federal Constitution, in Article 1, sections III and IV, lifted the work as the foundation of the Federative Republic of Brazil, including work as a social guarantee in Article 6, listing in its Article 7 minimal guarantees role with respect to social rights of workers. Although elevated to constitutional rights, these social rights of workers have in the judicial interpretation of the characteristic elements of the employment relationship, sometimes a mismatch with the legal and constitutional order, when, in deciding not ponder such elements, causing damage economic and social benefits to all workers, thus affecting the very constitutional basis of worker protection, there is therefore situations in which there must be part of unavailability of rights by the employee. Therefore, identifying the characteristic elements of employment, means allow immediate legal finding about possible illegality perpetrated by the employer, precisely because the sentence recognizes be merely declaratory noting, therefore, the elements that make up the juridical system normative in order to establish the characterization of employment in step with the effective observance and guarantee of social rights and therefore the employer's performance limiter as pertains to hiring and employee dismissal. This point is it's main element of this work, which is fundamental for the exegesis of the theme to limit the autonomy of the will. There is no denying, therefore, the need to extend the effects of these guarantees in the employment contract. In this context, therefore, jumping the guarantees of employees, embodied in particular in the Consolidation of Labor Laws, and especially in the Federal Constitution and international protection instruments to ensure the fundamental right to secure employment relationship, where technological advancement, social and economic, reflect directly, such as the parassubordinação, and claiming more and more systematic resolutions, especially when evidence gaps' values, which elevate the debate about the need for increased use of precedents of order to support the judgments, often beset with aspects of unconstitutionality, all in compliance with the integration of standards, seeking legal enforcement of this bond and providing legal certainty, there emerged, so the essence of the theme: discuss to what extent the distortion of employment limits the effectiveness of social rights and what its legal effects, since the constitutional standard for social guarantees protects equally worker admission.

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This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.

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This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study still has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to effect the Fundamental Right to Public Administration proba, efficient and honest. Thus, to achieve this mister, the proposal is to expose the pesamento the classic contractualist, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. After, it will be studied the theories of Fundamental Rights in order to demonstrate the need for the Civil Service should be veiled in a more specific custody rights, given the deep crisis in the Public Administrative practice due, especially, corruption. On the other side, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, which, to join a deliberative governance program needs to be politicized, adopting full participation, dialogue, as duty citizen. Furthermore, taking as most heart, will be presented the doctrine of Jürgen Habermas, whose Discourse Theory element is to be followed for the implementation of a This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of the government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study also has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to actualize the Fundamental Right to a just, efficient and honest Public Administration. Thus, to achieve this necessity, the proposal is to expose the thought of the classic contractualist thinkers, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well as how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. Later on, the theories of Fundamental Rights will be studied in order to demonstrate that the need for the Civil Service should be veiled in a more specific right custody, given the deep crisis in the Public Administrative practice due to, especially, the corruption. On the other hand, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, who, to join a deliberative governance program, needs to be politicized, adopting full participation and dialogue as a citizen responsibility. Furthermore, taking as the major heart, it will be presented the doctrine of Jürgen Habermas whose Discourse Theory element is to be followed for the implementation of a broad deliberative and emancipatory democracy, with effective citizen participation. It will also be considered the Condorcet Constitution Project as a comparative link in the linking of the public deliberative will, and the Central Power, in the face of the Theory of “Sluice” Habermas. The proposal, based on communicative action, must allow a continuous flux and influx process of social interests towards the exercise of administrative power. The dialogical deal, brought to the center of the decisions, will allow discussions in the public scope, and may contribute to the legitimacy of government actions, inasmuch as it creates the feeling of politicization demanded by the man in a democratic state.

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As neuroscience gains social traction and entices media attention, the notion that education has much to benefit from brain research becomes increasingly popular. However, it has been argued that the fundamental bridge toward education is cognitive psychology, not neuroscience. We discuss four specific cases in which neuroscience synergizes with other disciplines to serve education, ranging from very general physiological aspects of human learning such as nutrition, exercise and sleep, to brain architectures that shape the way we acquire language and reading, and neuroscience tools that increasingly allow the early detection of cognitive deficits, especially in preverbal infants. Neuroscience methods, tools and theoretical frameworks have broadened our understanding of the mind in a way that is highly relevant to educational practice. Although the bridge’s cement is still fresh, we argue why it is prime time to march over it.