O Supremo Tribunal Federal como agente tecnocrático no exercício da jurisdição constitucional na solução de casos complexos : análise das ações diretas de inconstitucionalidade nº 3937/SP e nº 3357/RS

Many changes have taken place in contemporary society causing impacts in its different sectors, making it much more complex and insecure than in past times. The alteration on the decision-making system of the Brazilian society is among the main changes today. The post-modern context contributed to the occurrence of the transfer of state power of the Legislative and Executive Powers to the Judiciary Power, specifically to the Federal Court of Justice, leading to an expansion on the actuation range of this institution mainly through the exercise of the constitutional jurisdiction. This has caused a crisis of legitimacy in society once the Court will now decide the political and social fundamental issues. In this scenario, the Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS are highlighted and both are being tried by the Supreme Court. Such emphasis is given, since it is a matter of high complexity and social repercussion that will be decided by a legal institution and not a political one. Thus, this work aims to analyze the role of the Supreme Court in the context of contemporary society on the trial of complex and controversial cases, particularly on the trial of Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS. This study has noticed that due to the post-modern context the majority of the Supreme Court Ministers tend to base their votes in constitutional principles and no longer limit themselves to a formal review of the constitutionality of laws, which indicates a substantialist approach. Moreover, it can be noticed the deliberative potential of the Court as well as the influence of the post-modern features, such as risk, uncertainty and insecurity on the elaboration of the Minister‟s votes. Therefore, sometimes, such as the case in study, the Supreme Court has acted as a technocratic agent in Brazilian society once fundamental political and social decisions for society especially when it comes to complex and controversial cases are being taken by the Supreme Court, which is composed by “Law technicians” and such decisions are mainly based in technical data and scientific studies. For the accomplishment of this work, it has been adopted the inductive approach and monographic procedure method and the bibliographical and documentary research technique.

Padrão de especialização comercial e crescimento econômico : uma análise sobre o Brasil no contexto da fragmentação da produção e das cadeias globais de valor

Globalization and technological changes that has happened since the 80s have brought remarkable changes in the industrial and commercial paradigm, which are expressed mainly in the international fragmentation of production and in the formation of Global Value Chains (GVC). This thesis sought to understand such phenomena and discuss new relevant variables in this context for a more accurate analysis of the current trade patterns not addressed by the seminal economic theories that relate trade and economic growth. It sought to evaluate how the trade specialization pattern of Brazil evolved compared to other economies (China, India, Russia, United States, Japan and selected Latin American economies) in the light of these phenomena from 1995 to 2011. Therefore, we have used the methodology of gross exports decomposition in value added measures, developed by Koopman et al. (2014), and indicators estimated from data of two global matrices I-O: a WIOT (2013) and the TiVA (2015). It was also tested two hypotheses regarding the role of these phenomena as determinants of economic growth in recent years: 1º) fragmentation and participation in GVC ensure higher growth rates for countries; 2º) the place (stage) in which the country finds itself in GVC associated with sectoral technological aspects is also important for economic growth. For this, we used dynamic panel models (Difference GMM and System GMM) for a sample of 40 countries from 2003 to 2011. The studies carried out on Brazil show that the country is no longer on the margins of these phenomena, because it shows increasing rates of participation in GVC, including in sectors considered most strategic for fragmentation. However, there is not a standard convergence of trade specialization of the country to those presented by developed countries or movements earned by China and Mexico in terms of their position and profile of participating in GVC. Another important result obtained by the thesis is the identification of these phenomena are in fact new variables relevant for economic growth, because it shows empirical evidences to support the hypothesis 1 and, partially, the hypothesis 2. A joint analysis of the estimated econometric results with the results of the descriptive analysis of the Brazilian economy, it leads us to conclude that the trade specialization pattern of the country in the context of the new trade setups is presented unfavorably to its growth strategy.

Identidade e imagem da marca: uma análise comparativa em uma empresa do setor de serviços de telecomunicações

In a highly connected society, avid for information and technological innovations, constantly changing the consumption patterns, the brand management strategy occupies a growing place. Allied with the increased competition among companies, the brand that can differentiate in consumers’ minds becomes strong. This aspect is even more important in the service industry, where the consumer experience, the definition and support of the brand’s values are vital to the continued strength of both your identity and image. These aspects are seen as a process of communication in which the way the image is developed in the minds of consumers comes from how identity is constructed and transmitted to them (DE CHERNATONY; DRURY; SEGAL-HORN, 2004). Considering the dynamic and complex scenario, this study aims to identify and analyze the possible convergences or divergences between the identity built by the organization and the brand image perceived by consumers of a telecommunications services company. To achieve this objective, the model proposed by De Chernatony, Drury and Segal-Horn (2004) was used as a theoretical basis, which addresses the transformation of identity in brand image, specifically under the perspective of Pontes (2009). For him, customers are more motivated to buy and consume products that they believe that take a complementary image that they have of themselves, and proposes the existence of multiple selves: the perceived, which refers to the employees and the organization’s management opinions on the brand; the ideal, which deals with effective brand identity thought by its leaders, the vision of what it should be; social, which shows how managers think that consumers see it; the apparent, formed by the image of the brand by customers; and finally the real self, that would be an integrated composite of all of these visions. In this regard, a case study was made in a telecommunications company with regional actions, from a qualitative and quantitative approach. It was identified the company’s vision through semi-structured interviews with marketing managers and analysis of documents related to the brand strategy. The point of view of consumers was addressed for text mining techniques applied to internal unstructured data coming from the collection of posts made on Facebook and Twitter, related to the brand, and customer interaction with the company through these social networks. The results showed the importance of the concepts of identity and brand image, and how they are interrelated. Moreover, the qualitative analysis it was shown that the vision of marketing executives is quite close and in line with the Brand Book, showing that there is a cohesive and well disseminated speech internally in the organization. On the other hand, when evaluating the customer's point of view there was no specific comments on the brand, and it was not possible to identify the evaluation of Algar Telecom image by consumers. Nevertheless, other relevant aspects could be identified for the consolidation of the brand identity, as the occurrence of a number of complaints, especially regarding the internet as well as the concern of customers for the quality of the provision of services.