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.

Quando fé e gestão se encontram: compreendendo uma ONG de filosofia protestante sob as lentes da prática e do Sensemaking

We find in Brazil the reality of religious pluralism. From the end of XIX century until now, the religious scenario became more diversified in a process of acceptance and legitimation of different religions. In the same period, the Third Sector was largely developed up until its current form: complex, broad and plural as well. In this context, we find non profitable organizations that provide services under a religious phylosophy. One in particular, placed in Uberlândia-MG, protestant, has the fearures of a big company and is the largest one among the ones that provide social services and receive public funds in the city: Missão Luz. Thinking about the organization, some questions came to mind: is there a noticeable influence of the religious orientation on practices? How do managers understand and make sense of their practices? Adopting Chanlat’s (1996) concept of management mode, the perspective proposed by the Practice Based Studies (GHERARDI, 2013) and the sensemaking studies (WEICK, 1995), I developed a research that intended to understand Missão Luz’ management practices. Three sources of data were used – documents, shadowing and interviews – to understand, in the most complete way, organization’s management practices, using managers’ perspective. Results pointed to a noticeable relation between faith and management. Ten practices were identified among managers: council decisions, appreciation for excellence, respect for authority figures, giving second chances to employees, desire to be a reference, results quantification, search for professionalization, organization, formalization and standardization. The first five practices were heavily influenced by religious principles, and the five last were influenced by instrumental rationality, usually found in the Second Sector. It was noticed that faith was also related to those last practices, justifying them for their contribution for achieving excellence e consequent action of glorifying God. Practices are maintained e passed by the cultivation of the Mission’s DNA, an organization’s way of doing things, and by the belief of the role of the leader maintaining this DNA. Associated to practices, sensemaking moments were analyzed, situations where there order was disrupted and managers had to make sense e act on this understanding. These situations were divided in three themes: “fly the flag of the company”, changes in schools’ management and God’s purpose and sovereignty. The paper is finished with some suggestions for future researches.

A busca por uma política nacional dos biocombustíveis como tutela do direito fundamental ao meio ambiente : acautelamento e avaliação de riscos

The work is to demonstrate the scope of modern-day major regulatory provisions and the policies implemented to adoption of biofuels in the national energy matrix. The adoption of biofuels as an alternative to fossil fuels, is based on the realization of the fundamental right to an ecologically balanced environment mitigating hazards and environmental hazards arising from a postmodern society. However, the change in the Brazilian energy matrix observe the precepts of certain environmental principles to essentially environmental preservation The proposed Environmental rule of law is founded on the realization of the right (duty) key to an ecologically balanced environment for sustainable development. Thus, it is up to the State, in addition to considering the dangers and risks fruits of government decisions, present the possible instruments to mitigate the irreversible environmental damage to the environment. The management of environmental risks present in the ideals of an Environmental rule of law, plays an important role in the preservation and economic development, using, therefore, of acautelatórios legal instruments, such as environmental licensing and the ecological-economic zoning, measures adopted in the light of the principles of precaution and preservation. The adoption of research in the environmental field, improvement and development of environmental technology, building a system to observe ecological changes, imposition of environmental policy objectives to be achieved in the medium and long term and systematization of organizations plan a protection policy environmental, are essential measures to control possible environmental risks and damage guided by the aforementioned environmental principles. Thus, it will be used the inductive method of approach, starting from the analysis of the new perspective of Environmental rule of law and the implementation of biofuels in the context of a post-modern society, marked by uncertainty and the risk of damage, from the study of the principles of caution, maintaining and cautionary measures in mitigating the hazards and potential risks.