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.

Relação entre a cárie precoce da infância com o índice de Apgar e outros fatores de risco

The aim of this cross-sectional study was to investigate the association of early childhood caries (ECC) with the Apgar score (AS) and other variables related to the child (conditions at birth and medical history) and related to the child and parents and / or guardians and family (demographic, socioeconomic and behavioral). One hundred and twenty healthy children aged between 3-5 years-old treated by Pediatric Dentistry Area of Dentistry College of the Federal University of Uberlandia during 2015 were selected. To obtain qualitative and quantitative variables a questionnaire was applied as an interview to the parents and/or guardians. The 5-minute AS (interest exposure) was obtained through the record in the Child Health Handbook. To assess the prevalence of caries (clinical dependent variable), a single calibrated researcher conducted the clinical examination, according to the criteria of the World Health Organization. Caries experience was measured using the indexes dmft and dmfs. The children were classified into three groups, according to age and dmfs index: no caries (NC), with ECC and with severe early childhood caries (S-ECC). Data were tabulated and submitted to statistical analysis using the SPSS software (IBM, Inc, Chicago, Illinois, USA) 17th version. Three logistics models were carried out having the following classifications: NC and ECC, NC and S-ECC, ECC and S-ECC (p<0.05). The overall ECC prevalence, considering children with ECC and S-ECC, was 55,8% (n= 67). The AS was not a statistically significant variable. The child’s age, weaning age and recent hospitalization were variables associated with the ECC prevalence. The age of brush start and the educational level of the mother were variables associated with the S-ECC prevalence. Considering the ECC and the S-ECC groups, the child's age and the beginning of the use of fluoride toothpaste, recent hospitalization, the educational level of the mother and the father's income were associated with the S-ECC prevalence. Considering the methodology employed and the analysis of results, it was concluded that there was no association between the ECC with the AS in healthy children. However, an association was found of ECC and S-ECC with some variables related to birth and to medical history of the child (recent hospitalization), demographic (child’s age), socioeconomic (educational level of the mother and father's income) and behavioral (age of brush start, weaning age and use of fluoride toothpaste) related to children and to the parents and/or guardians.