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.

Percepção ambiental como ferramenta diagnóstica para o processo de integração entre uma unidade de conservação e a comunidade do entorno

It is remarkable the current planet’s situation of degradation and modification of natural assets and the considerable loss of the recovery power inherent to the ecosystems. Concomitant with this, all communities and species are suffering the consequences of these changes without planning. The creation of conservation units (UCs) through the National System of Conservation Units (SNUC) was a concrete action on the deliberateness of halting these processes, which, on the other hand, generated socio-environmental, geo-economical and cultural-political conflict of interests between traditional communities in the vicinity of these units, institutions, governmental entities and society in general. The country’s National Program of Environmental Education (ProNEA) provides the integration of the communities and UCs’ managers in a co-participative administration to solve these conflicts. The principles of Environmental Education (EA) leads the methodology found to change the socio-educational paradigms of traditional teaching, still existing in our society and intrinsically related to environmental problems, which are contrary to the dialogic pedagogy from Paulo Freire, that valorize popular knowledge, pro-active citizenship, as well as contrary to Ecopedagogy, that re-integrate human being on its natural environment, the Earth. One of the tools for starting environmental sensitization is the diagnosis by environmental perception of individuals. In this context, the objective of our work was to identify the environmental perception of Tenda do Moreno community located nearby Pau Furado State Park (PEPF) in Uberlândia – MG. To reach this objective, the research sought, in a first moment, to evaluate the environmental perception of residents of this community through semi-structured interviews applied in their homes and, in a second moment, we evaluated the environmental perception of community’ school students and made Environmental Education intervention activities with the intention to make children aware of the importance of conservation and function of PEPF. Using the Content analysis methodology, we found in nearly 60% of the 118 residents a systemic perception of nature, while approximately 32% expressed an anthropocentric perception. Mixed perceptions were found in 21%. A considerable part of the residents (47 individuals) indicated not knowing the park, although many of them recognize its importance. Among the 46 interviewed students, half expressed an anthropocentric perception of nature, while almost 36% had a systemic view. Seventeen children said they did not know the park and almost half of the students recognize some aspect of the importance of its existence. During the intervention activities, we had huge participation and dedication of students, beyond the massive expression of their personal views and daily experiences. In relation to the ten students that subjected the second evaluation about their environmental perception after the intervention, 80% showed systemic perception and emphasized the importance of conservation and of park. We believe that the continuity of the intervention activities could generate positive perspectives of socio-environmental effective changes in the daily school. Activities lead by Ecopedagogy and that encourage the citizen leadership in the young students are fundamental, while in the community, closer ties and dialog by UC’s managers would be important elements to generate effective change.