936 resultados para confluence of powers
Resumo:
This thesis is a translation of work of the Brazilian doctor, Pedro da Silva Nava (1903-1984), in particular, his memoirs and chronicles, articulated with the writings of medicine history, aiming to defend that the autobiographical narratives are sources of research capable of promoting discussions on the expansion of the present at the confluence of complex and unequal society in constant changing process as the Brazilian. The theoretical and methodological support circulates around studies, proposals and thesis by Boaventura Santos about empowering past, destabilizing subjectivity, sociology of absences, cosmopolitan reason and translation work. The empirical support drawn from the literature produced by Nava were analyzed with reference this reasoning and studies that have facilitated the flow of translation among others, the studies of Antonio Candido, Arrigucci Jr., Boris Cyrulnik, Beatriz Sarlo, Ecléa Bosi, Ítalo Calvino, José Willington Germano, José Maria Cançado, Lev Vygotsky, Marilena Chauí, Paul Ricöeur and Walter Benjamim, without neglecting what we consider indispensable to scientific research, the production of relevant knowledge and prudent, in view of a decent life. The initial inflections reflect the subject of the Memoirs and its education/training, to then place the Memoir subject in the literary context, scientific, historical and Brazilian poetic (1972-2010), bringing great interpreters and discussing the rationale used by the Narrator that we defend stand closer to the cosmopolitan, showing the formation of narratives whose presence insert itself beforehand to modernist verve, linked to the discursive array against the literature as domination space, disseminated in Brazil in the early twentieth century. So, it articulate with those in which the concerns adjust the construction of the social formation of Brazil as a national heritage through literary narrative that focuses on a historical principle that becomes the past empowering, allowing his rereading, whose converge to memory, the lifestyles, the plurality of language and Brazilian culture, formed by several people, converging into a design not of culture but multiculturalism in Brazil. The memory issue was addressed in the space-time of experiences of being that narrates, shaped by a destabilizing subjectivity that sought to order the testimony of a time, a history and society, retelling them by creative imagination, almost fictional, to make circulate his knowledge about Brazil attached to his medical knowledge, as well as other subjects in his living group and other groups with whom they maintained contact. Thus, he portrayed both tangible and intangible cultural assets of the country as a form of preservation, giving them meanings and sense. It approaches, therefore, from the perspective of sociology of absences, the expansion of the present and by the logic inherent in his narratives of self and Brazil
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Taking as a starting point the Classic Federalism and theory of the development this Work intend to present some ideas linked about cooperation between federal entities and intergovernmental relations with the main focus the regulation by the Public Consortia aimed at administrative efficiency as a Constitutional Principle of Activity Administrative, against the current provisions of the Federal Constituition of 1988, and infraconstitutional legislation in order to provoke debate and criticism about the principle of cooperation adopted as a paradigm and the capabilities that the state has and what it is, in fact, an efficient management public. It is in the growth of the state, and not a decrease as a minimal state, which aims to discuss its role in promoting the collective interests, and it is therefore essential, as an institution able to intervene on citizens in the search for socially relevant results. Study Federalism and Development on the premise of public consortia and administrative efficiency requires study the course of history as the formation of the Brazilian State, in particular the fact that he is in joint effort between federal agencies - federal, state and municipal - in order to better review the relations established in this plan, in what concerns directly on the issue of division of powers, especially the common or competitors and the subject of the highest relevance for the implementation of an effective federal pact. Finally, the objective of this Work is not only particularize the institute of public consortia, it is intended to demonstrate the deviousness of the concept of efficiency and the division of powers of federal agencies and the constitutional contribution of the institute as a program that should be put in a tone of debate, adequacy of the practice and the law itself
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This paper aims to discuss the conflicts of competence in environmental matters, as well as the legitimacy of the normative acts in the exercise of jurisdiction effected environmental management. For this work, addresses the issue of federalism, North American (dual) and German (cooperative), deepening its historical and theoretical fundamentals, as well as the influences on the evolution of the ideological matrix of Brazilian federalism. Distinguishes itself around the problem the theoretical and abstract discussion involving the constitutional division of powers, and the issue of his relationship with the vicissitudes in the embracement of environmental matters that invariably leads to mistakes in the exercise of jurisdiction environmental management. Its highlight the existence of a framework environmental law, embodying the principles themselves as well as a specific object of authority, which qualifies a different interpretation of the rules of constitutional powers as well as influencing the acting agent of government in managing the public good environment. The study represents an exploratory research as it investigates the depths of the institutes are in evidence not only with satisfying its practical outcome. For this to happen, explores bibliographical sources and identified by the science of law as more important, as the search for social-political boundary which takes the issue studied in their historical and contextual materiality, whose study is essential for a complete understanding of the topic . The dialectic that arguments have been constructed throughout the monograph, attempts to pass a critical way to expose the author's ideas, which considers as essential in the arrival of new questions
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PETROBRAS, a Brazilian oil company, follows principles of public administration and from the Constitutional Amendment 9/95 in Brazil began to compete with other companies with the flexibility of the oil monopoly. In this new model started to use the simplified procedure for bidding so that could compete on equal terms. The ordinance that adopted a simplified procedure for bidding has been the subject of some criticism and lawsuits especially under the Court of Audit and the Supreme Court in Brazil. The analysis of their constitutionality, and the possibility of their use by other group companies is the theme of this work, and for this purpose, permeates through the notions of judicial review in the Brazilian law on the stage of law and economics analysis of the norm, and the principles applicable to PETROBRAS and the devices most frequently asked about the implementation of 2745/98 Decree. For this, the basic issue that should be investigated further is the regulatory power of the Federal Executive and the delegation of powers within the legislature and its conformation to the constitutional regency
Resumo:
The economic changes occurred in the 90s, with the restructuring and privatization of various sectors of the economy have led to a redefinition of the State role, assuming a position of regulator and supervisor of public services in place to direct its role as straight intervenor. It is through the regulatory agencies, autarchies with special legal personality under public law, that the Regulator State will act. In this context, the first objective of this research is to analyze the legality of easements imposed by entities of the Direct Administration and Regulatory Agencies, whose execution is delegated to legal persons of private law, being those public service companies or mixed-economy societies. This examination in question the limits of servitude as a restrictive institute of property rights, observing the principles of function, supremacy of the public interests over the private ones, legality and the separation of powers. Defend the property rights like a fundamental right and your insurance as determining factor of economic development and social justice. Use the procedure in use will be the historiccomparative procedure, in order to demonstrate the legality of the public act as a maximum attempt to preserve the balance between the expansion of public services in various sectors of the economy, and the preservation of property rights, through regulation
Resumo:
In Brazil, the 1946 Constitution enshrined the right to health, having it defined as the possession of the best state of health that the individual can achieve. Already the Federal Constitution of 1988 lifted that right to the status of fundamental social right, which transcends the effectiveness and cure of the disease is based on the joint liability of public entities for the provision of a quality service, efficient and prioritize human dignity and comprehensive evaluation of patients. According to the World Health Organization, the definition of health, first characterized as the mere absence of disease, has become recognized as the need to search for preventive mechanisms to ensure the welfare and dignity of the population. Garantista this context, the growing seem lawsuits that deal with the implementation of public policies, especially in the area of the right to health, the omission of which the Government can result in the risk of death. Hence the concern of law professionals about whether or not the intervention of the judiciary in cases that deal with providing material benefits of health care. It claims to break the principle of separation of powers, disobedience to the principle of equality and the impossibility of judicial intervention in the formulation of public policy to try and exclude the liability of public entities. In contrast, the judiciary has repeatedly guardianships granted injunctions or merit determining the supply of materials indicated by the medical benefits that accompany the treatment of patients who resort to a remedy. In this context, mediation, object of study and resolution presented in this work, is presented as an instrument conciliator between the reserve clause and the right to financially possible existential minimum, as it seeks to serve all through rationalization of health services , avoidance of negativistic influence of the pharmaceutical industry, with prioritizing the welfare of the individual and the quality of relationships. This is alternative way to judicialization that in addition to encouraging and developing active citizen participation in public policy formulation also allows the manager to public knowledge of community needs. It is in this sense that affirms and defends the right to health is no longer the mere provision of medical care and prescription drugs, but a dialogue conscious existential minimum to guarantee a dignified life
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In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health
Resumo:
The Liberal Constitutionalism emerged from the late eighteenth century, a period of major revolutions (French and American), fruit of the struggle for libertarian rights. Although the time of the first written constitutions, these were linked to mere political letters, did not provide for fundamental human rights, as it is, so only on the state organization, structure of powers, division of powers of the state and some relations between state and individuals. There was a clear division between the civil codes and constitutions, those governing private relations and acted as barriers to non-state intervention. After the Second World War, the constitutions are no longer Letters political order to establish how the human person, in order to enshrine the fundamental rights, the primacy of constitutional principles and take their normative function against ordinary legislator. Constitutional evolution gave the name of contemporary constitutionalism, based on repersonalization or despatrimonialização of Private Law, ceasing the separation of legislative civil codes and constitutions, in favor of the protection of fundamental rights of the human person. And this tendency to the Brazilian Federal Constitution of 1988 brought higher ground the dignity of the human person, the epicenter axiological legal to govern private relations, including family law. The constitutionalization of family law motivates the adoption of desjudicialização family issues, so as to respect the direio intimacy, privacy, private autonomy and access to justice. Conflictual family relationships require special treatment, given the diversity and dynamism of their new compositions. The break in the family relationship is guided in varied feelings among its members in order to hinder an end harmonic. Thus, the judiciary, through performances impositive, not to honor the power of decision of the parties, as also on the structural problems faced to operate on these cases, the environment is not the most appropriate to offer answers to the end of family quarrels. Situation that causes future demands on the dissatisfaction of the parties with the result. Before the development of the Family Law comes the need to adopt legal institutions, which monitor the socio-cultural, and that promote an effective assistance to people involved in this kind of conflict. In obedience to the private autonomy, before manifestations of volunteers involved in family mediation, among autocompositivos instruments of conflict resolution, is indicated as the most shaped the treatment of family quarrels. Remaining, then the state a minimal intervention to prevent excessive intrusion into private life and personal privacy
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A avaliação do índice de qualidade da água (IQA) e do índice de estado trófico médio (IETm) pode subsidiar a formulação de planos de manejo e gestão de sistemas aquáticos. Neste trabalho, foi avaliada a qualidade da água da microbacia do Córrego Rico, que abastece a cidade de Jaboticabal (SP), utilizando o IQA e IETm. As amostragens de água foram realizadas entre setembro-2007 e agosto-2008, em três pontos: a) em uma das nascentes; b) após a Estação de Tratamento de Esgoto de Monte Alto, e c) na captação de água para abastecimento público de Jaboticabal. As amostras foram analisadas quanto aos parâmetros físicos, químicos e microbiológicos: temperatura, oxigênio dissolvido, pH, DBO5, nitrogênio total, fósforo total, turbidez, resíduo total, ortofosfato, clorofila-a e Escherichia coli. de acordo com os resultados obtidos, concluiu-se que: a) as atividades antrópicas às margens do Córrego Rico reduzem a qualidade de sua água, durante os diferentes períodos do ano; b) os valores médios de IQA nos três pontos analisados apresentaram relação direta com os valores médios de IETm, porém ocorreu maior discriminação da qualidade da água pelo IETm, identificando diferentes graus de trofia para os pontos e períodos de amostragens; c) o IQA apresentou melhor diferenciação da qualidade da água entre pontos no período seco e o IETm diferenciou melhor no período chuvoso; d) o processo de autodepuração e/ou a confluência do Córrego Tijuco com o Córrego Rico contribuem para melhor qualidade da água, tornando-a adequada ao abastecimento urbano após tratamento convencional.
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In the teaching history course it s found the female teacher entering, reflecting significantly in the continuous process of her identity redefinitions and reconstruction. This entering brings, even in a silent and not explicit way, the confluence of gender identity to professional identity, in which are present the relations of the proper to female. In the mastership case, these relations are found imbricated in the teaching identity construction and in the translation of this profession as female, based in Virgin Mary, through Mariano ideal diffused by the catholic church. Therefore there is a lanck in educational historiography towards the register of female teachers presence, mainly in male religious institute, the reason of this study, in which we seek to investigate: how to explain that a female identity can give support to a highly male educational project? What relations can we establish between this female identity and the entering of female teachers in Maristas Province Schools of North Brazil? We performed a bibliographic research in Maristas Schools Libraries, of Marista historial, in Recife, of Pontificia Universidade Católica do Paraná (Catholic University), in Curitiba-PR. We searched for support in studies about pedagogy history, of Marista Institute, Catholic Church, Brasilian Education and of Women; Mariologic studies, the referring to Marista Educational Proposal, to feminization and to teaching identity; and feminist theology productions. The empirical research included 10 schools from referred province and Marista Schools from Lisbon Portugal. Through semi-estructured interviews, we interviewed pioneer female teachers, Marista former Brothers and Brothers from those schools, due to their presence and action within the study period and for the concern to save their memories about the theme. The study reveals the particularities of Mariano ideal as female model and teaching, and her presence in Marista Educational Proposal. This study, in a historical approach, aims to contribute to give visibility to the woman in history and teaching construction in Brazil, mainly in religious institutions from male origin
Resumo:
The dialogue represents an essential condition for the complete realization of the Communication. In Paulo Freire we find a concept of dialogue which expresses itself, fundamentally, in two dimension: on one hand, in the confluence of subjectivities; on the other, in action. Dialogue would not be, therefore, a thinking for , but a thinking with . On the other hand, the media, here understood as synonym of technical media of information and expression is spread all over society as synonym of communication media. In this direction, this paper intends to check if the media allows the dialogue, in the heart of the Freirean concept of communication. We start from the premise that it is not possible to come to an answer if we continue to accept the theoretical approach which polarizes the process of communication between emitter and receptor. By using elements of the ethnomethodology such as the analysis of the conversation and the reflexivity, we dived in the school everyday life of educators and students of an elementary level public school in the city of Natal, capital of Rio Grande do Norte, in order to, through some experiences with the media, corroborate Paulo Freire's ideas, stating the mediation made by the world and seeking a bias for the use of the media to enable a more dialogic education
Resumo:
This study aimed to provide a continuing education towards raising teachers for reflection and effective sexual education within the school environment as a possible route of self-education and training of teachers of elementary school. More specifically aim to facilitate through the Continuing Education to discuss the knowledge of the body and knowledge of human sexuality, presenting them as core knowledge in the integral formation of individuals and promote discussion of a Human-centered education Teaching in a vocational training and human .In this sense, we dialogue with the human teaching preconized by Arroyo (2002, 2004) along with the humanization (hominization) of the individuals through education, under Freire´s perspective of the being more (2003) as well as his ideas, Pineau´s (2003) and Josso´s (2004) about the educational practice understanding as a way to build up the autonomy of the individuals who we intend to educate. We defend the inclusion of the body as an essential learning element according to the principles of corporeity presented by Assman (2001), whose comprehension is that every learning experience has a corporal inscription. Furthermore, the knowledge about human sexuality cannot be excluded from this process since the sexuality is inherent of individuals and is constructed and reconstructed during their existence. Our view of the world and of man is supported by the knowledge of the complexity (Morim, 2004) trying to surpass the mechanist view that sees them through the duality view, fragmenting them. For the discussion and construction of knowledge that search for the confluence of these knowledges about the being and the educational practice, aiming at the individual integral formation starting from the process of self-formation/self-knowledge, we´ve directed our research-action-formation having as compass the theoretical-methodological postulate of the research-action (Barbier, 2002; Morin, 2004; Thiollent, 2004) because it makes the participation of all the involved people in the process of resolution or surpassing of problem solving possible. We´ve used the continuing formation as a way of access for data collection, applying a questionnaire with open questions for the ones involved in the research. Based on the findings it´s been possible to infer that for the teaching formation it is necessary the inclusion of the Human sexuality and corporeity theme, so that the teacher can surpass the biological view of sexuality and also the expansion of the mechanist view of the body. To do so, we suggest that the teaching formation happens supported by the teaching capacitation and formation according to Maturana (2004), bringing teaching knowledges (Tardiff, 2002), which contribute effectively for the responsibility to educate people for life.
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The Knowledge Management in organizations is a continuous process of learning that is given by the integration of data, information and the ability of people to use this information. The Management Skills is concerned to understand the powers of officials in the face of organizational skills (teams) and professionals (or tasks positions) want. Joints are located in the greater context of the economy of organizatio s and have the same assumption: that the possession of scarce resources, valuable and difficult to imitate gives the organization a competitive advantage. In this sense, this thesis proposes a model of knowledge management based on analysis of GAP of powers, namely the gap between the skills needed to reach the expected performance and skills already available in the organization, officials and trainees of Coordination of Registration of conductors of DETRAN-RN. Using the method of survey research could make an analysis of academic skills, techniques and emotional individual and a team of officials and trainees, identifying levels of GAP's competence in that sector of the organization and suggest a plan for training , A level of expertise for each sector of coordination, and propose a model for Knowledge Management to help the management of GAP's identified
Resumo:
The study of function approximation is motivated by the human limitation and inability to register and manipulate with exact precision the behavior variations of the physical nature of a phenomenon. These variations are referred to as signals or signal functions. Many real world problem can be formulated as function approximation problems and from the viewpoint of artificial neural networks these can be seen as the problem of searching for a mapping that establishes a relationship from an input space to an output space through a process of network learning. Several paradigms of artificial neural networks (ANN) exist. Here we will be investigated a comparative of the ANN study of RBF with radial Polynomial Power of Sigmoids (PPS) in function approximation problems. Radial PPS are functions generated by linear combination of powers of sigmoids functions. The main objective of this paper is to show the advantages of the use of the radial PPS functions in relationship traditional RBF, through adaptive training and ridge regression techniques.
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The Curimataú estuary is located in the oriental coast of Rio Grande do Norte State in Brazil. Its importance resides in the fact that this region possesses one of the last portions of preserved mangrove in the Rio Grande do Norte State. Nevertheless, it has been severely affected by many anthropogenic activities, as sugarcane monoculture and shrimp farming. Former works demonstrated that an accumulation of heavy metals is occurring in oysters in this estuary, and perhaps it could be explained by the input of metals in this ecosystem deriving from the shrimp farming. To better understanding the origin of these metals, bottom sediment samples, cores and suspended particulate matter were collected for a characterization of metal concentrations (Al, Ba, Cd, Cu, Cr, Fe, Mn, Ni, Pb, Zn) and to determine the potentially bioavailable metals. Additionally, the enrichment ratio for each element analyzed was calculated. The mineralogical composition of sediment samples and cores were obtained by X-ray diffraction. Moreover, data of orbital remote sensing were used in order to detect and quantify suspended matter by applying a logarithmic algorithm. Geochemical data of bottom sediments and cores revealed that, excepting Ba and Pb, the elements analyzed presented concentrations characteristic of an unpolluted ecosystem (Al: 0,25 - 8,76 %; Ba: 3,03 - 870 µg.g-1; Cd: < 0,25 µg.g-1; Cr: 1,72 - 82,4 µg.g-1; Cu: 0,12 -25,3 µg.g-1; Pb: 0,38 - 23,7 µg.g-1; Fe: 0,10 - 5,82 %; Mn: 15,1 - 815 µg.g-1; Ni: 0,14 - 36,1 µg.g-1; Zn: 1,37 - 113 µg.g-1). During the dry season a distribution pattern was observed, with higher metal concentrations in the margins, decreasing toward the central portion of the channel. These metal concentrations were well correlated with mineralogical compositions, with clay minerals prevailing at the margins, and quartz and feldspar in the center. However, this pattern was not observed during the wet season, probably because of the high water flux that disturbed bottom sediments. But, as observed for the dry season, a good correlation between metal concentrations and mineralogical composition was also observed for the wet season, with high metal concentrations where there were high quantities of clay minerals. Low enrichment ratios were obtained for the majority of elements analyzed, excepting for Mn, Ba and Pb. Manganese presented the higher ratios downstream for both seasons, and it can be an evidence of anthropogenic impact by shrimp farming. As barium and lead concentrations in sediment samples presented analytical problems during the total sample digestion, one cannot be sure that the ratios obtained correspond to the reality. The highest metal concentrations in particulate matter were obtained in the portion dominated by fluvial transport for all metals analyzed, excepting for copper. Barium and zinc were the only elements that presented elevated concentrations that are not common of unpolluted ecosystems (Ba: 5730 - 8355 µg.g-1; Zn: 3899 - 4348 µg.g-1). However, these high concentrations could not be related to the shrimp farming and waste waters from the town of Canguaretama, once they were obtained from the fluvial particulate matter, that is upstream from the activities above mentioned. The application of the logarithmic algorithm to the processed LANDSAT image was well succeeded, although the acquired image does not correspond exactly to the field campaigns. The IKONOS image provided very detailed views of the suspended sediment concentration at the estuary, as the mixture of distinct water flows at the confluence of Cunhaú and Curimataú rivers, with more turbid waters from Cunhaú river, that is directly affected by effluents from shrimp farming and urban waste waters deriving from the town of Canguaretama