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.

Entre as tramas da indústria da moda: argumentos sobre o trabalho escravo contemporâneo na sociedade de consumo

Even after its abolition, the slave labor still exists in the world. In a new socio-historic context, the shackles and slave quarters have been left behind, nowadays the workers are tempted, subjected to degrading conditions and have their rights retrenched. The contemporary slave labor has been emerging as subject of research in the Organizational Studies since the early 2000s, calling attention to many gaps to be filled about the way organizations all around the world use this practice. Contemporary slave labor is found in many and various economic activities, since coal to textile industries or even stores. In this dissertation, we have incorporated the consumption dimension to the field of Organizational Studies, discussing the modern slavery, aiming to understand the consumers’ point of view about this topic, that is, we have researched the consumers’ interpretations concerning the slave labor in the fashion industry. Our objective is to analyze consumer’s argumentative construction in the decision of buying or not products made by industries from the fashion field that were denounced because of slave labor usage. We have adopted fashion industry as research focus because it obscures the reflection of the consumers that feel like in a new world while shopping, a world of beauty and fantasy, seeking their own satisfaction. Furthermore, the Brazilian fashion industry is one of the biggest of the world (ABIT, 2015), with a huge symbolic strength in the country. We have realized a qualitative research using semi-structured interviews with 35 consumers to identify their arguments according to the criteria defined by Liakopoulos (2002): data, propositions, guarantees, supports and refutations. The data are the statements used by the interviewees categorically, that is, those which are clear in the interviews. The propositions are what qualifies and justifies the used data. The guarantees are related to the nature of the data, they are what gives the sense to the data and are introduced implicitly in the interviewee speech. The supports are universal premises introduced in order to legitimate the arguments. The refutations, when present, counter the used arguments. As results, we’ve found consumers who developed arguments pro-consumption and anti-consumption and who have defended ideas about the responsibility of different actors for the existence of this practice and for the fight against it. From these two categories: (1) pro-consumption – consume despite the complaints and (2) anti-consumption – don’t consume, because of the accusations; we have identified the following argumentative lines: skepticism, faultfinding and moral engagement. By the end, we have presented the interviewees’ argumentative construction and the obtained results.