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

Mediação como instrumento de desjudicialização das questões familiares: constitucionalização do Direito de Família

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

A formação pós-graduada em ensino de ciências naturais e matemática de docentes do IFRN: implicações na atuação docente

This research part of the educational context of the Federal Rio Grande do Norte, through the resumption of legal frameworks that characterize it as an institution belonging to the Federal Network of Professional Education and Technology Brazilian, with a focus on continued education policies for the servers who work there specifically teachers, especially those who have their work in the Teaching of Natural Science and Mathematics. To do this the cut in an agreement between the IFRN and UFRN PPGECNM through the professional master's degree Teaching of Natural Sciences and Mathematics. This agreement as we have research collaborators 08 master teachers who graduated in the period 2004 to 2010, so we undertook a qualitative and quantitative research aimed to conduct the study in general terms of description and analysis of the impacts caused by the formation of masters IFRN in PPGECNM UFRN, taking into account the production of the same academic (dissertation), his performance in the context of the institution and the historical, social, economic and political aspects involved, and also meet the guidelines of the project at the Observatory in 2008 - MEC / CAPES / BSD-P. We used the theoretical options methodological elements of Comprehensive Interview and multireferentiality, our data collection instrument was the main interview, we also performed the analysis of dissertations by lecturers and teachers featured, from the specific descriptors used in catalogs USP / IFUSP (1992, 1996) and UNICAMP / FE / CEDOC (1998) and by other researchers. In analyzing and understanding the speech of the interviewees were able to identify the implications of teacher education in the school context, the motivation to seek the Master; how was the construction of the object of study of the educational product and its use in teaching practice and intervention, the question of the role of master teachers in the school environment to the post master taking into account changes in professional performance and influence in the working groups, how does the use of research and investigation in the classroom after training and between training and educational quality in the context of IFRN. In reading and analysis of the dissertations were able to identify the main focus and under-explored thematic focus as well as the theoretical methodological references. At the end of the research developed a product that could be used for technical analysis studies and assessment in quantitative terms the results achieved by the master teachers IFRN through his training in PPGECNM UFRN

A retórica em Aristóteles: da orientação das paixões ao aprimoramento da eupraxia

This research brings into focus the relationship between the work Rhetoric, from Aristotle, and the conceptions of ethics and practical wisdom of the philosopher from Stageira. Accordingly, it attempts to show that Aristotle's Rhetoric was produced to guide the construction and orientation of oratory passions of the Greek man, setting it as a reference for practices aimed at social ordering of the polis. In other words, the Aristotelian Rhetoric, designed by the author as the study of what is persuasive in every speech, is not composed with the meaning of persuasion at any cost, in another sense it is conceived by Aristotle as a useful knowledge for the improvement eupraxic (the good act in accordance with the fair and true). This research finds that such work has been prepared by Stagirite a time of strong social transformations and upheavals in ancient Greece: The skepticism expanded, with each person wanting to live their own businesses, and especially in Athens, a city that served as intellectual and political reference, there was a lack of collective spirit. In this tumultuous social environment, Aristotle, with a culture of Greeks eager Trusted reviews and socially shareable in the field of verisimilitude, sought with his Rhetoric, contributing to the development of ethics and political science; referrals for legal and organization of inter-social relations in varied environments, including seeking to provide knowledge about human passions and emotional status of active citizens in deliberative meetings

Comércio internacional e meio ambiente: estímulo à produção sustentável ou mero protecionismo comercial a posição do Brasil em dois casos de litígio

The World Trade Organization (WTO) was established in 1994 as a result of the Uruguay Round, and has as its principal aim advocate for the maintenance of free trade between nations. The preamble of its Constitutive Agreement specifically cites as an institution the goal of achieving sustainable development and the pursuit of protecting and preserving the environment, bringing into the sphere of world trade the idea that concern for the environmental cause is not restricted only the group of environmentalists, but rather has entered the economic landscape in a way not only ideological, but also pragmatic. The General Agreement on Tariffs and Trade (GATT) 1947, part of the GATT 1994, contains a device that allows the adoption of trade restrictive measures, provided that such measures aimed at protecting the environment - Article XX. The Settlement Body (DSB) is part of the WTO and acts in dissolving disputes between the countries motivated by trade. It examines two cases where countries have imposed restrictive trade measures with environmental justification. The first case was closed in 1996, with award of damages given to Brazil, on the breakdown of U.S. environmental legislation imposed on imported gasoline from Brazil - and the second, begun in 2005 and closed in 2007, coming out victorious again Brazil is on the import ban on retreaded tires to Brazil. The objective is to answer the question: how the environment is treated in the midst of trade discussions - which is aimed at its protection or its use with economic objectives in disguise? For the preparation of this work, extensive documentary research was undertaken with the virtual site of the WTO to review the entire production of legal cases and subsequent analysis of the key issue for the work, and literature of authors who have studied the tense relationship between trade international environment. The first case, it could be seen that the political movement performed by the U.S. with the aim of achieving acceptable standards of air quality was an institutional effort to ensure the quality of air, and thus would be inappropriate to say that the regulation of gasoline was merely a disguised trade barrier.However, a careful analysis of the implementation and operation of gasoline regulation may reveal intentions disguised trade and U.S. environmental argument did not hold. The weight of this environment was relegated, since there were clearly outside interests to the environmental cause. The second case, it was realized that, despite clear attempts by the EC to promote ecological dumping, send when brought to Brazil, supposedly a country with weaker environmental structure on surveillance, a residue that, pursuant to internal policies, as could not be sent to their own landfills, the Brazilian discourse remained focused on the environmental cause, and this sort there was the existence of disguised trade barriers, but of importance, at least a priori, the discussion of foreign forces on the environment environment because there is no way to legally justify the reversal of the total understanding of the first judging body, the sight of all the arguments presented by Brazil and the nonsubmission of new facts upon appeal. Still, quite heartening to reflect on the role of trade liberalization on the environment in general, because, while they do not reach a definitive conclusion will reveal positions in both directions, both for and against, the that only adds to the discussions and makes this a very fertile topic for future research

Sustainable development: changing production patterns, social equity and the environment

Includes bibliography

Tax performance and reform in the Organization of Eastern Caribbean States (OECS)

Includes bibliography

e-Government architectures, technical and political situation in Latin America

Includes bibliography

The Mexican maquila industry and the environment: an overview of the issues

Includes bibliography

Gender, the environment and the sustainability of development

Includes bibliography

Water management at the river basin level: challenges in Latin America

Includes bibliography

Public institutions and explicit and implicit environmental policies

Includes bibliography

Políticas para formação de professores: reflexões sobre o estágio supervisionado – do legal ao real

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

A re-configuração das atribuições do diretor escolar com a instauração do regime de gestão democrática da escola

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Políticas públicas habitacionais e os desafios da concretização do direito à moradia urbana na nova ordem constitucional brasileira

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)