Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

Planejamento tributário: Critérios e limites para a desconsideração dos atos e negócios jurídicos pela administração fiscal

Tax planning is a subject that has been increasing in relevance in Tax Law. This current dissertation s objective is to approach the criterion and limits for the disqualification of law acts and business through the Tax Administration. Law acts and business resulted from the conduct of contributors that seek to diminish the growing raise of the tax load, using some means to reduce their burden and increase the possibilities of success in an economical activity, without violating the law in the persecution of paying fewer burdens. On the other hand, the tax administration, through its organs, hoping the increase of burden collection to withstand some determined sectors of the State, with a clear purpose to stop the contributor organizing his activity and structuring it as efficiently as possible, came up with a preliminary draft which left Complementary Law 104, from 10.02.2001, enacted, that inserted the unique paragraph of the National Tax Code, article 116, authorizing the disregard, by the administrative fiscal authority, of Law acts and business practiced to dissimulate the occurrence of burden gain or the nature of obligated incorporating elements, observing the procedures to be established in common law . Our goal is to identify the criteria and limits to disregard law acts and business through the tax administration, pointing out some possible means of action by the tax administration that qualifies it to disregard the contributor s acts and business, just claiming that a saving in the tax costs was made by the contributor s act

O ensino de enfermagem gerontológica na formação do enfermeiro

At the current time of demographic changes in the world , it is observed that the health sector requires restructuring of its practices in caring for the elderly , in order to enable a comprehensive and humane care . In this sense, we identify the need for qualified professionals to assist the elderly and, therefore , it is important that training curricula are adequate to this reality . The study aims to analyze how it develops teaching gerontological nursing component in undergraduate nursing . This is a descriptive , exploratory study with a qualitative approach, in two higher education institutions in the city of Natal / RN . The population involved corresponded to the coordinators of graduate courses in nursing and teachers who teach content of health care for the elderly, a total of seven participants . The data collection instruments were used: a questionnaire containing questions related to the characterization of the participants and the teaching of gerontological nursing in undergraduate courses in nursing and a form with items of analysis for pedagogical projects . The results were presented descriptively in tables and analyzed from coming themes of the main themes of the instruments defined in: knowledge about the research participants , knowledge of teaching gerontological nursing component and knowledge of pedagogical projects , discussed under Resolution paragraph . 03 of 7/11/2001 , which establishes standards for the nursing program , the educational projects of educational institutions , the Theoretical Donald Shoon and thematically relevant literature . The results indicate that the majority of participants were female (four), all have graduate though , none of them stated in the qualification of aging or elderly health area; the organization of the contents of the component in the curriculum, workload theoretical- methodological and practical teaching strategies presented was heterogeneous and sometimes diverging at the same institution . On the definition of gerontological nursing component was identified that is not well defined along the pedagogical design of educational institutions surveyed . It was concluded that in the context of this study , teaching gerontological nursing is present in the course of nursing education, but needs reevaluation and updating in order to teach a wider range of driving and health practices

Regional financial cooperation

Includes bibliography

Markets and the State in the evolution of the "Prebisch manifesto"

Includes bibliography

Os direitos e obrigações da terceirização na administração pública

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Negociação coletiva no setor público

Pós-graduação em Direito - FCHS

Framework for implementation of the outcomes of the World Summit on Sustainable Development (WSSD) in the small island developing states of the Caribbean subregion

Includes bibliography

Subregional preparations for the 2004 international meeting that will undertake a full and comprehensive review of the implementation of the SIDS POA to ensure the most effective participation of Caribbean SIDS

In Part XV (Implementation Monitoring and Review);, of the Programme of Action of Small Island Developing States (SIDS POA);, which was adopted at the United Nations Global Conference on the Sustainable Development of Small Island Developing States (UNGCSIDS);, 26 April- 6 May 1994, in its paragraph 117, it is provided that the Commission on Sustainable Development (CSD); should, inter alia: Carry out an initial review of the progress achieved and steps taken to implement the Programme of Action, to be undertaken by the Commission on Sustainable Development in 1996 in accordance with its Multi-Year Thematic Programme of Work. Furthermore, in 1997, when the Commission will carry out the overall review of Agenda 21 with a view to preparing for the 1997 special session of the General Assembly, the Commission should recommend specific modalities for the full review of the Programme of Action in 1999. That full review would include the question of the convening of a second global conference in accordance with chapter 17, Section G of Agenda 21. At the twenty-second special session which convened on 27-28 September 1999 to undertake a "review and appraisal of the implementation of the Programme of Action for the Sustainable Development of Small Island Developing States", it was recommended, inter alia, that: "Although periodic reviews of certain aspects of the Programme of Action are envisaged within the context of the work of the Commission on Sustainable Development, a full and comprehensive review of these decisions and the implementation of the Programme of Action would be useful and required in 2004." In the Plan of Implementation adopted at the World Summit on Sustainable Development (WSSD);, which convened in Johannesburg, South Africa, over the period, 26 August-4 Septemeber 2002, the relevant recommendation was as follows: "Undertake a full and comprehensive review of the implementation of the Barbados Programme of Action for the Sustainable Development of Small Island Developing States in 2004, in accordance with the provisions set forth in General Assembly resolution S-22/2, and in this context requests the General Assembly at its fifty-seventh session to consider convening an international meeting for the sustainable development of small island developing States."

Conflitos de uso do solo em APPs na bacia hidrográfica do córrego Barra Seca (Pederneiras/SP) em função da legislação ambiental

Pós-graduação em Agronomia (Energia na Agricultura) - FCA

Special and differential treatment in the FTAA

Includes bibliography

Arquitetura de palavras: espaço e espacialidade em A Capital! de Eça de Queiroz

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Formação coorbital com a terra e origem de theia

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Leitura em língua estrangeira (inglês) para elaboração de resumos documentários

Pós-graduação em Ciência da Informação - FFC

Where do Latin America and the Caribbean stand in relation to the eLAC2007 Plan of Action?: evidence from available information

Includes bibliography