Linguagens da cidadania: os brasileiros escrevem para a Constituinte de 1987/1988

Esta tese analisa uma amostra de cartas pessoais que integram o fundo documental Coleção Memória da Constituinte, depositado no Arquivo Histórico do Museu da República. Esse fundo reúne documentos produzidos no curso do processo político que resultou na promulgação da atual Constituição Federal brasileira. O Brasil vivenciava um momento de transição democrática, que tinha por objetivo pôr fim ao regime autoritário instalado no país a partir do golpe civil-militar de 1964. A reconstitucionalização colocava-se como a via democrática de luta contra o autoritarismo, recebendo forte e crescente apoio social e tornando-se inclusive um ponto-chave na articulação da eleição indireta de Tancredo Neves e José Sarney à Presidência e Vice-Presidência da República em 1985. Com a eleição e morte de Tancredo, Sarney assume a Presidência e propõe oficialmente a convocação de uma Assembleia Nacional Constituinte no país. Tem início um intenso debate na sociedade e negociações em torno do tipo de Constituinte que se desejava estabelecer, com destaque para a organização de um amplo e bem estruturado movimento social em prol da participação popular na Constituinte, então aclamada como uma condição para a construção de um Brasil verdadeiramente democrático. As cartas analisadas nesta tese inserem-se no quadro das iniciativas de participação na Constituinte empreendidas no país. Elas foram escritas por populares, em razão daquele momento de reconstitucionalização, e enviadas a autoridades do mundo da política. Registram reivindicações, pedidos, comentários, críticas, denúncias e sugestões da população para a futura Constituição. O objetivo da tese é, por um lado, mostrar que essas cartas são formas de participação política, singulares e especiais, que valorizam a dimensão democrática da política. Por outro, identificar os sentidos atribuídos nas cartas às noções de “direitos do cidadão” e “deveres dos representantes políticos”, naquele momento em que o país se colocava a tarefa de elaborar uma nova Constituição – a “Constituição Cidadã”.

Discursos de desenvolvimento no Supremo Federal : a participação indígena na autorização parlamentar para o aproveitamento hidrelétrico Belo Monte

Nesta pesquisa estudamos o caso Belo Monte – entendido como a disputa judicial sobre o Aproveitamento Hidrelétrico Belo Monte, travada no Supremo Tribunal Federal –, para saber se existe uma relação entre os discursos de desenvolvimento mobilizados pelas partes litigantes e pelo STF e a interpretação dada por esses atores para o parágrafo 3º do artigo 231 da Constituição Federal de 1988. Partimos da seguinte hipótese: interpretações que restringem os direitos de participação política dos povos e comunidades indígenas e que impõem poucas condições para o exercício da discricionariedade dos Poderes da União são acompanhadas por discursos preocupados com o desenvolvimento econômico; interpretações que reconhecem amplo direito de participação política para povos e comunidades indígenas e que impõem maiores condições para o exercício da discricionariedade dos Poderes da União não são acompanhados por discursos de desenvolvimento. Confirmando parcialmente nossa hipótese, chegamos à seguinte conclusão: em primeiro lugar, parece existir uma tendência para que, quando mobilizados discursos de desenvolvimento, a interpretação dada ao parágrafo 3º do artigo 231 da Constituição Federal imponha menos condições para o exercício da discricionariedade dos Poderes da União e reduza, ou desconsidere, os direitos de participação política dos povos e comunidades indígenas; por outro lado, alguns discursos de desenvolvimento foram mobilizados num sentido aposto, e serviram tanto para afirmar os direitos políticos de povos e comunidades indígenas, quanto para impor mais condições para o exercício da discricionariedade dos Poderes da União.

Anatomy of relationship significance: a critical realist exploration

Markets-as-networks (MAN) theorists contend, at least tacitly, the significance of business relationships to the firm – that is, business relationships contribute somewhat to corporate survival or growth. One does not deny the existence of significant business relationships but sustain, in contrast to the consensus within the MAN theory, that relationship significance should not be a self-evident assumption. For significance cannot be a taken-for-granted property of each and every one of the firm’s business relationships. The authors adopt explicitly a critical realist metatheoretical position in this conceptual paper and claim that relationship significance is an event of the business world, whose causes remain yet largely unidentified. Where the powers and liabilities of business relationships (i.e., relationship functions and dysfunctions) are put to work, inevitably under certain contingencies (namely the surrounding networks and markets), relationship effects ensue for the firm (often benefits in excess of sacrifices, i.e., relationship value) and as a consequence relationship significance is likely to be brought about. In addition, relationship significance can result from the dual impact that business relationships may have on the structure and powers and liabilities of the firm, that is, on corporate nature and scope, respectively.

Calçadas invisíveis: aspectos do passeio público, em Natal-RN, como projeção de uma cidadania ausente

This study has as a goal to establish a relationship between public sidewalk characteristics of Lagoa Nova District (neighborhood), in Natal and the kind of citizens whose constructions and maintenance layouts reflects. It‟s understood here as public sidewalk, specifically, the place reserved for passers-by traffic, located between public lots and vehicles pavements. It‟s a concern to make a brief survey about the occupation of this particular region and a detailed description over physical characteristic of its sidewalks that shows several obstacles for passers-by accessibility, trying to find possible factors that explain the problematic format , once, at the first sight, most of accessibility of passers-by is compromised. It‟ also, searched, local population thoughts regarding occupation notions about this environment, just like as cultural, political and economical aspects that might influence upon snatching these hybrid places located between private and public border line. It‟s confirmed that the nowadays sidewalks‟ shapes is not only citizenship reflection or a lack of it but shows it as an active agent related with the construction of this set of fundamental rights and duties vital for harmonical co-living local citizens

Federalismo cooperativo e o exercício da competência administrativa ambiental

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

Ativismo judicial e materialização das políticas públicas infanto-juvenis na constituição da república: Fixação de planos ideais de atuação para os atores do Sistema de Garantia de Direitos (SGD)

The research arose from the necessity of showing ways to be followed by the actors of the System Guaranteeing Rights of the Child and Adolescent (SGD), regarding the implementation of rights for young people, because the legislation in force in Brazil is currently considered a model around the world and, paradoxically, the fundamental rights of children and adolescents are not met, even with the constitutionally guaranteed priority. Thus, the study investigates the fundamentality rights for young people, enshrined in the Constitution of the Republic, as well as the ways of effectiveness of these rights through the actions of actors of the System Guaranteeing Rights, especially the judiciary. Focusing realized, studying theories of fundamental rights, especially Structuring a Theory of Law (Strukturiende Rechtslehre), Friedrich Müller, who emphasizes the need for analysis of social reality in the application of the rule of law. Study also the public budget and public policies concerning children and adolescents, with emphasis on preparation of budget laws and the process of discussion, deliberation, choice and implementation of public policies for children and teenagers. It then presents the typical functions of the members of System Guaranteeing Rights, as well as prepare a plan for optimum performance for each of the actors, with emphasis on analysis of the implementation of public policies at the municipal level. Finally, it analyzes the theory of separation of three powers, and discusses the positive and negative factors for judicial intervention, concluding that the Courts can consider the action activist, from finding the omission of the Executive and legislative branches, as regards the implementation of the rights of children and adolescents, as well as the rights of children and young people are not realized in most cases, due to the omission of actors of the System Guaranteeing Rights

Parâmetros de concretização judicial do direito fundamental à saúde no fornecimento de medicamentos

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

A educação da mulher em Lima Barreto

Lima Barreto has built an educational conception of women in his fictional productions despite nuances inciting scholars to debate his writings and label him as misogynist and philogynist. Thus, the objective of this study is to comprehend, through signs present in his literary works, how women used to be educated in early twentieth century to accomplish the historical differences in gender relations. The main reason for this extract is the periodicity of his publications that started in 1900 by means of chronicles in newspapers and ended in 1922 after his death. For this, we identified codes and rules forged in the social processes to be assimilated by children through diverse institutions, aiming to incite the production of behaviors and social practices represented by the existence men and women in an ever changing society. Gender relations are analyzed within a society for their configuration concept by Nobert Elias (1970) as interdependence bonds among individuals. An investigative method proposed by Ginzburg (1989) was the most adequate to conduct the research on the work of Lima Barreto because it enables us to reconstruct the education concept for women. The dramas and novels analyzed point out the construction of categories such as women education, family, love and seduction revealing the engagement of Lima Barreto with the social problems of the period investigated. It was concluded that gender differentiation has come from family education which kept men and women in opposing sides giving them a marriage perspective that, after consummated, would bring frustration to women causing them to adopt confronting practices against domination strategies through celibacy or adultery. This research constitutes a reflection based on determined representations like justice, respect and duties that were the ideas defended by Lima Barreto in his writings, concerning both broader situations in social life and particular gender relations

Inclusão da criança com deficiência na estratégia de saúde da família

The objective of analyze the shift of the working process of the ESF team in care of children with disabilities, from awareness-raising actions. It is a qualitative study, with the action-research method. Thirteen health professionals were involved from two teams of ESF unit area of the Unidade de Saúde da Família Dr. Chico Porto (UBSFCP) in Mossoró, from March to August 2011. Data were analyzed following the direction of freirean s thematic analysis. In the situational diagnosis of the current reality of CwD assistance in that UBSFCP, through participant observation and application of semi-structured interviews with professionals, we realize that despite these actions carry some assistance to the CwD, in practice few are used for inclusion and accessibility. The monitoring of the CwD is done through individual consultations by each team professional, home visits when possible, both ruled on the complaints and problems, with little solving in the used actions. Since the need for a change in the treatment model and training requirements as pointed out by professionals in the interview, then we decided to build the proposed of training suggested by the multidisciplinary team and put together collectively the achievement of this moment in all its phases. In the step of implementation (action), aspects related to the current situation in Brazil and Mossoró (Laws, policies and health care) for the CwD and CwD Assistance and their family in the ESF in the first two moments of the first training (action) were contemplate. On the second day we discussed the specialized care to CwD, contribution of the Handicapped Parents and Friends Association of Mossoró and in a second moment a workshop was held in which awareness for inclusion of CwD and actions of ESF were discussed. All these moments were discussed and collectively constructed. In the evaluation, we found that implementation (action) allowed to the professional the comprehension of new understandings about people with disabilities, on ways to include, guiding, caring, watching, and mainly to have a new vision on health assistance of the CwD, expanding assistance beyond clinical aspects and recognizing the educational aspects of the rights and duties of citizens and the inclusion of these children in the social spaces area. As difficulties, we face the need for some professionals to be absent to attend another job, solve personal problems, and little or no participation. Thus, during this action-research, the subjects were able to realize the importance of carrying out their practice to the quality of life for him and to the one they care

Atenção à saúde mental na Estratégia Saúde da Família no Município de Parnamirim/RN: opinião dos profissionais, dos portadores de transtornos mentais e seus acompanhantes

This study aims to analyze and compare the opinion of professionals, managers and users about the mental health care in the Family Health Strategy (FHS). It is characterized as an Operations Research or Health System Research with a cross-sectional design and a descriptive quantitative nature. The study was developed from the application of the Opinion Measurement Scale allied to techniques of observation and structured interview in the city of Parnamirim / RN. The sample consists of 409 subjects, 209 professionals of the Family Health Strategy, 30 of the Oral Health Strategy, 19 of the Family Health Support Center, 24 directors of Basic Health Units, plus 68 users with mental disorders and 59 caregivers, respecting the ethical parameters of Resolution 196/96 of the National Health Council, trial registration number: CAAE 0003.0.051.000-11. Quantitative data were submitted to the Epi-info 3.5.2 for analysis. The network of mental health in Parnamirim involves the flow between the FHS, Psychosocial Care Centers, clinics and hospitals, having as main barriers the fragility of the referral and counter-referral system, of the municipal health conferences, of the FHS teams by the limitations in material and human resources as well as the population´s lack of acknowledge about the organization of the mental health network, issues that affect the integral attention. Even though the FHS professionals recognize the importance of their actions, they question their role in mental health care, experiencing difficulties in accessing psychiatric services (76.5%). Although most agree that the mentally ill is best treated in the family than in hospital (65.2%), the community health workers were the predominant category in the partial or total disagreement of this statement (40.8%), who is the professional in greater contact with the family. Nevertheless the caregivers miss the support of the FHS as the main focus of attention is on revenue control. The views of professionals, mental patients and caregivers converged in several statements, showing the main weaknesses to be focused by the mental health network of the city, as the perceptions that: (a) physical strength is needed to take care of mental patients for its tendency to aggression, requiring it to stay in the sanatorium for representing danger to society, (b) only a psychiatrist can help the person with emotional problems, (c) the user of alcohol and drugs does not necessarily develop mental illness, (d) the access barriers and doubts about the quality of psychiatric services, (e) caring of a mental health patient does not bring suffering to professionals. Therefore, the commitment to consensus building, monitoring and evaluation of the network are important mechanisms for an effective management system, reflecting in the importance of strengthening the health conferences and approximating different institutions. The results reinforce the importance of strengthening primary care through programs of continuing education focusing on the actions and functions of professionals in accordance with its competences and duties what contribute to the organization and response of mental health care, favoring user´s care and the promotion of family health

O Serviço Social nas operadoras de planos privados de assistência à saúde: demandas, atribuições e respostas profissionais

The present study deals with the exercise of professional social workers in private health care plans registered with the Regional Council of Medicine/RN, in the city of Natal/RN, with regards to the demands/tasks, work conditions, and the professional response, given the climate of restructuring the capital. The set of socio-historical transformations, as a results of the dynamic capitalist, is a process of new configurations in relation to state and society that interfere directly in relation to working conditions, social rights historically won by workers. In this context, the operator of health plans arises as a possibilities to provide services in health, through the logic of the market, in which the subjects of law, become consumers contributing to the displacement of the responsibilities of the State. Obligating workers to lessen the burden with the reproduction of their workforce. This involves changing societal context for social service, since it is one of the professions that are active in terms of the immediate social issue, and come as part of the collective worker. From qualitative research based on a theoretical and methodological perspective and critical dialectics, it was possible to unveil some features and trends of the exercise of(a) social operators in private health care plans. The survey results indicated that : a) the demands and duties for certain social service, are associated with the redevelopment of the capital, whose requirements and responsibilities professionals have with their needs, particularly the guarantee of profit, services rendered; b) in the conditions of work there is a trend of insecurity uncertainty and dismantling of professionals; c) the answers professionals suffer the limits and contradictions present in the daily training, mainly depending one the characteristics of management and operation of the operators, which has professional relative autonomy

Acidentes do trabalho em pescadores artesanais da região do Médio Rio Araguaia, Tocantins, Brasil

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

A questão da centralidade em São Paulo: o papel das associações de caráter empresarial

Dans cet article, nous envisageons traiter une série de questions concernant le contexte urbain de la ville de São Paulo. Notre objectif est d'identifier: a) comment s'organisent les principaux groupes privés en vue de situer le secteur tertiaire moderne; b) comment leur organisations font pression sur le pouvoir public afin d'obtenir des bénéfices d'infrastructure d'équipements urbains; c) quelles sont les réponses concrètes du pouvoir public; d) quels sont les principaux groupes sociaux, issus des classes populaires qui sont pourtant atteints par ce jeu d'intérêts.

Characterization of the reversible photoinduced optical changes in Sb-based glasses

Changes occurring in absorption coefficients when glasses in the SbPO4-WO3 binary system were irradiated by light, at the edge of the absorption band, were measured in real time. These glasses present good thermal and optical properties and photoinduced changes in the absorption coefficients are reversible by heat treatment around 150 degrees C. Subsequent recording/erasing cycles could be made without sample degradation. The sensitivity of the induced optical changes was studied for different wavelengths, light powers and energy of light dose exposures, and for different compositions of the glasses. The changes in the absorption coefficients of the glass samples were accompanied by a color change from yellow to blue, and were also characterized by visible spectroscopy. The color changes occurred through the entire volume of the glass (similar to 2 mm thickness) for the Ar-ion laser lines at the edge of the absorption band. (c) 2006 Elsevier B.V. All rights reserved.

A SOCIAL JUSTICE STUDY: BRAZIL

This paper discusses the question of social justice in a global world, focussing on Brazil. Though largely debated, this question has not yet been properly answered (Kelsen, 2001, p. 1). Trying to contribute to this debate, this paper raises a general thesis: social justice involves a chaotic-solidaristic integration (da Silveira, 2002) between the discourse towards the egalitarian rights and duties and its practical sustainability by ethics and democracy.