Repercussão geral e súmula vinculante: os efeitos no controle difuso

Brazil since its first republican constitution has adopted systems of laws control. The review activity was given to three state powers or functions state, Executive, Legislative and Judiciary. However, it appears that in the country along the constitutional history, has stood considerably the jurisdictional control of the most important control. Initially, back in 1891, Brazil adopted the jurisdictional control of diffuse from U.S, whose role in monitoring of standards is delivered to all organs of the judiciary, which may face a case, put on trial, ascertain whether or not the possibility of applying a law, removing its impact in case of unconstitutionality. In 1969, entered in the second legal model of judicial review, the concentrated control of constitutionality, whose inspiration comes from the positivist theory of Hans Kelsen, and was adopted by the Austrian Constitution of 1920. According to the abstract control the supervision of law is given to a Court or Constitutional Court, responsible for the analysis of the legal constitutionality independent of its application to a specific case. In Brazil the role of concentrated control was handed over exclusively to the Supreme Court, which serves as the Constitutional Court, which accumulates that function with other constitutionally provided jurisdiction. Throughout this period, from 1891 until today, Brazil has maintained a dual system of judicial control of legal constitutionality, where they coexist and harmonize the diffuse control exercised by any organ of the Judiciary, and concentrated control of competence the Supreme Court. However, one must recognize that with the advent of the Federal Constitution of 1988, the concentrated control has emerged on the national stage due to two important factors: the expansion of the legal capacity to sue and the inclusion of other ways control, besides the already known Direct Claim of Unconstitutionality. This concentrated control and projection of the Supreme Court s attempt to become a true constitutional court, led to a relative weakening of diffuse control even when performed by the Brazilian Constitutional Court. In order to become a true constitutional court, all decisions handed down by the Supreme in the exercise of constitutional jurisdiction should have the same weight and the same measure, or at least bring improvement to similar effects, once is the responsible for the final word when it comes to constitutional interpretation. Thus, the writs of certiorari and stare decisis were responsible for profound changes in the diffuse control, allowing the Supreme Court can strengthen its decisions even in the diffuse control. These two institutions have substantially changed the legal status of diffuse control, allowing an extension of the effects of decisions handed down by the Supreme Court, so that you can no longer be said that the effects of this control to restrict the disputing parties in the process

CREATION: técnica de criatividade para geração de ideias de novos produtos

Creativity is a skill found in all individuals and one of the strategies used to intensify it is through the application of creativity techniques. In order to propose a new technique for generating new crafts product ideas, this dissertation, which is part of a research project of the Federal University of Rio Grande do Norte, through action research, intervened in three state communities artisans - Lajes Pintada, Massaranduba and Vera Cruz - to develop the artisans creative potential. Based on the techniques studied in the literature, we selected three techniques for interventions, composing two dynamics - one to improve features and functionalities of existing products, with the technique of SCAMPER; and the other to generate ideas for creating new products, with techniques Listing and Random Words / Figures. These latter techniques were not satisfactory in its objective by presenting constraints, not covered in the description, for the participant group. Thus, it was necessary to propose a new technique for the same purpose, the technique CREATION Clarify technique, Realized creativity, Explain, Apply for word, Think fast, Interpret, Organize ideas, Now evaluate, composed of twelve steps. To use the new technique requires that it be used by a dynamic that takes into account three phases: Planning, Application and Analysis. In the new technique application were generated around 30 ideas, regarded as new, in six sessions, from test pilot to interventions in artisans communities