Proteção da relação de emprego sob o prisma da dignidade da pessoa humana

This work aims to show that the protection of the employment relation is one of the determining factors to respect the principle of the human dignity. The goal is initially to show the devaluation of work from antiquity to the early twentieth century, when the constitutions began to standardize protective devices. This way, the consecration of the social labor rights in the Constitution of 1988 represents the culmination of the historical achievements. This work demonstrates that such rights can not be reduced or suppressed by political conveniences, once these rights are included in the list of immutable clauses. It is displayed that to achieve the fundamental right to work is not well advised to encourage the creation of jobs that maculates the worker s dignity. The outsourced work is, therefore, a classic example of the advancement of precarious forms of contemporary labor. It is inferred that the presence of various forms of harassment results in a degradation of working environment, bringing about dire consequences on professional and personal life of the worker. Thus, decent work must be the appropriate benchmark for the creation of new jobs. It is also shown that the flexibilization of the propaganda rights by certain pressure groups has as main goal to reduce or eliminate rights, based on fallacious data depicting an increase of competitiveness and jobs. In addition, the flexibility implies a growth of the precarization of the work - a reality felt by many workers subjected to such a situation due to the unemployment phenomenon whose origin is not in the protectionism of the norms. It is necessary to expand and structure the constitutionally legitimate institutions to monitor and curb the precarized work, as well as all practices that go against the dignity of the worker. It is also shown the loss of power of the sindicates in the last few years as a consequence of the pulverization workes and the capital attacks through the productive restructure whose outsourcings and privatizations are notorious examples

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

Direitos da personalidade: uma análise acerca da concretização da tutela constitucional

It dares to ensure that the Constitution of the Republic strengthened the rights of personality. No longer considering the denial of protection to intangible rights, against the imperative command coming from the art. 5 ° of our highest law, relevant to items V and X. Overlooking these emerge with precision, those rights of personality. Innocuous have been isolated attempts of the opposition to this constitutional protection. Deny it, or rather to restrict it, as it has done insignificant part of the doctrine and isolated judgmental pronouncements, no longer prove appropriate. Today, more than before, there is pointed out that if the human being has personal rights acquired from the design, adding to this other identity elements that allow the projection of a particular social personality. Such rights, it is worth mentioning, there are bases on the principle of human dignity that is considered general provision for the protection of personality. Based on the demonstration of this fact, after climbing into the general theory of personal rights and demonstrate the legal protection that has been present in his favor, it is hoped will, general objective, to show the effectiveness of this constitutional protection. At that point, will be reserved for special to the procedural tools that it has made a decisive contribution to the realization and effectiveness of the rights of the personality, a reality that must be imposed for the benefit of the dignity of the human person, presented here as basic foundation of the Democratic State of Law. The brazilian legal system provides the normative basis needed to provide an adequate protection to personality, from the general clause of the protection of the personality. For the achievement of its effectiveness, however, is an important update methodological and cultural of the Right as well as an effective deployment of public policies and private ensuring a better quality of life for citizens

Vida, experiência, conhecimento : a reforma do sujeito cognoscente em Tsunessaburo Makiguchi

Utilizing a great part of the works by Japanese educator Tsunesaburo Makiguchi and the register of fragments of his life, this thesis affirms that knowledge emerges from peoples` experience as they go about their daily lives. Facts, events, genetic inheritance, cultural patrimony, family history, the place where one was born and lived, and psychological predispositions nurture and form a vision of the world and of life in general. In Makiguchi s case, this multi-causal constellation led him to conceive the system of the value-creating pedagogy of good, gain and beauty; discussing the importance of cognition and evaluation in the experience of the human being. His life is exemplary in demonstrating that these aspects are inter-connected and, in a recursive movement between knowledge and self-knowledge, they can generate creative systems for understanding the world and introducing, essentially, the author into the epistemological problematic of complexity. The Makiguchian system and Edgar Morin s complexity approach suggest a pragmatic, paradigmatic reform of education and a thought reformation in the direction of the complex pedagogy, and that it creates a web that connects master-disciple, subject-object, human-world, local-global and singular-universal

Da formação ludopiética à autopoiese do lazer: significados para a autoformação humanescente do profissional do lazer

The present study aimed to understand and interpret the connections between the training of graduate ludopoiética leisure and the process of autopoiesis of leisure. From the main objective, the following objectives had been formulated specific: a) To interpret more significant the ludopoiéticas experiences in the academic formation of graduandos of leisure; b) To analyze the experiences of the leisure most significant, disclosed for the group investigated, before, during and after the course; c) To describe and to interpret the process of autopoiese of the leisure and its respective meaning for the autoformação human being. The study it articulated the following metodológicas boardings: autobiogr á fica, etnogr á fica and fenomenológica. For the construction of the ludopoiéticas bridges between the academic formation proposal for the course of Leisure and Quality of Life of the CEFET-RN and the autoformação lived deeply human being as leisure for the participants of the study, we use as categories of analysis, five properties that had constituted the respective autopoiético system of the leisure. Thus, for our autopoiética reflectivity we adopt the following categories: autotelia; autoliberação; autoconectividade; autovalia and autofruição. The carried through research obtained to evidence given important of the ludopoié tica formation of these professionals of the leisure for its autoforma ç ã o human being and the autocriação of the proper leisure, that for recursividade feeds this autoformação in way permanently. Lived deeply properties of the ludopoiético system in the formation are searched with autonomy in the leisure. Thus, the learning of the autotelia, the autovalia, the autofruição and the autoconectividade lived deeply during the course of graduation in Leisure and Quality of Life is valued by the emotion of the joy and the love to the life, having become something desired by the citizens that had chosen the leisure as profession

As coisas estão no (meu) mundo, só que eu preciso aprender. Autobiografia, reflexividade e formação em Educação Nutricional

This paper gives clues for the educative action in nutrition subjects. It deals about the professors experiences deployments lived in 2003 e 2004, both in Nutrition undergraduate course of the Federal University of the Rio Grande do Norte (UFRN), in Nutrition Education and Supervised Internship in Social Nutrition academic disciplines, as well as in the II Update Course in Nutrition Practices for Health Basic Care , offered to the supervisors nutritionists of internship, in this same department, being able to be characterized as an action-research, with interventionism purpose. The study stands out the importance of a new point of view about the nutritionist formation to overcome the limits imposed by the scientism, and the adoption of a complex and reflexive reference about the educational practice in this area. The corpus is made up by 81 undergraduate students alimentary autobiography (source of generating subjects for interventions with the nutritionists), 17 questionnaires and 05 interviews, being 03 of them biography (the start up for an initial dialogue with the nutritionists). The data found and the professors experiences allied to a theoretic reference, by the light of the education proposals for the XXI century were used as establishment elements for the proposition of five guidance axles used to build a complex and reflexive nutrition education, which are: 1) Take the cookery and the culture of eating together as significant elements for the human being integral formation; 2) Conceive the religion manifestations associated to feeding process as relevant elements of the human food culture; 3) Discuss the rupture nature/culture aiming the preservation of live in earth; 4) Search for the overcoming of the identity conflicts by a higher inclosing conscience degrees of being part of this process. 5) Face the limits of fragmented formation. The presented thesis stands that the autobiography method, allied to the freirean pedagogy and to a complex reference, could be taken as an important tool to the health educative subjects, contributing to the formation of reflective individuals able to transform themselves and the world.

Dançando com gatos e passáros: O movimento ecossistêmico da ludopoiese na educação infantil

This study shows the movement of educators ludopoiese ecosystem of the Center for Early Childhood Education Marise Paiva-CEIMAP. We used the metaphorof dance as an opportunity to stimulate scientific creativity. Ecosystem Thought, complex thinking, the theory of autopoiesis and Flow Theory, constituted the main theoretical steps to understand the phenomenon of ludopoiese, from the look of your totalidadem with the following objectives: 1 - Identify and interpret the process of self ludopoiética CEIMAP of Early Childhood Educators in the actions of the play, care for and educate in school life; 2 - Analyze Ecosystem Thought from ludopoiéticos how these processes affect and / or possible changes and transformations in practice humanescenteseducational CEIMAP. The theoretical metodógicos steps to address the proposed objectives are grounded in existential action research part of the appreciation of the complexity of the real, considering the human being a whole dynamic. In this sense the game of sand, recreational experiences, the systematic studies and video training were explored with a view to the transdisciplinary relevance of everyday phenomena. New knowledge acquired in accordance with the directions given indicating the movement of the ecosystem studied ludopoiese educators, involved in four main streams: love, play, care for and raise it from love streamline interdependently. The ludopoiese eachteacher would then be fed by this web generated by love that permeates all other educational activities, nurturing and maintaining a constant creative self-organization of knowledge and know-how to be teachers. Thus, every network that generates andstream lines the system emerges ludopoiético biology of love, the open dialogue and playing in the wishing well to the student, the aesthetic beauty of caring and educating, as a human conditionand relevant as possible to live / live not only in teaching children, but in other educational contexts of teaching and teacher education

A configuração da educação física no Instituto Federal de Educação, Ciencia e Tecnologia do Rio Grande do Norte IFRN: contexto e perspectivas atuais.

Over time the Physical Education on IFRN has considered the sport as the only possibility of pedagogical action. In the purpose of investigating the aspects that determine this condition, this study aimed the context of physical education within the institutional framework and its current perspectives in the process of institutional transformation. In this sense, were addressed the following study questions: What political pedagogical aspects that influenced the context of Physical Education on IFRN and how the pedagogical experience on Mossoro s campus incorporated the perspectives of curricular proposals transformation for the High School and the theoretical changes of the Brazilian Physical Education. Methodologically the work was based on a qualitative approach characterized as a descriptive- comparative research. The technique of discourse analysis was employed in the speech of research collaborators having as categories of analysis the professional activities time in the institution; The ratio of official use of the assumptions to the pedagogical practice of Physical Education in IFRN; The sport in the education process of students and The Prospects of Physical Education in the current configuration of IFRN. The data analysis allowed us to infer that the theoretical methodology of pedagogical practice of Physical Education in IFRN need to be reformulated and that it is necessary a contextualization with the curricular principles of the political institutional pedagogical project and with the Curriculum Guidelines for Secondary Education. The teaching experience developed in the Mossoro s Campus was contextualized with the national curriculum guidelines for secondary education and the theoretical changes of the Brazilian Physical Education. We conclude that it is necessary a collective action of the group of teachers to transform the educational profile of Physical Education of IFRN, beyond the institutional support to be able to consolidate the physical education curriculum component in the current dimensions of society, human being, education, science, technology and work, proposed by the philosophical principles and epistemological political project of IFRN educational

Educação inclusiva: práticas de professores frente à deficiência intelectual

The present work is a survey of pedagogical practices of teachers who experience the daily school with students with Intellectual Disability (ID) in their classrooms, considered inclusive. The study was conducted in academic year 2010 in a municipal school in Natal-RN, aimed at investigating the pedagogical practices developed by the participating teachers as well as its view of the front of Intellectual Disabilities students who are inserted in the initial years of Elementary School. In methodological choice, considering the nature of the phenomenon, we chose the qualitative approach and the case study method. The observation and semi-structured interview were used as procedures, which contributed to a significant collection of data in an attempt to answer the objectives. The study subjects were selected by convenience and were formed into two teachers from Elementary School I, linked to the public educational system, which volunteered to collaborate in this research. The analysis of the observations and of the speeches made possible build pedagogical considerations on the action with students with Intellectual Disabilities in a regular school. The results point to a practice covered with a traditional pedagogy, with a few adjustments, although there is an initial process of change, what we observe in the classroom and captured in the words, because, at various times, we saw an interest in developing a pedagogy of Freire. One aspect that caught our attention refers to the formative action at school for these teachers. We found its incipiency, because this does not happen in a systematic way at school. Throughout the years investigated, the teachers had no access to any form of training neither to any form of specialized monitoring. We realize that there is still a concept of Intellectual Disability that makes difficult to "see" this student as a human being having learning opportunities. The aspects that interfere in the formation hinder the development of a pedagogical practice that meets the uniqueness of its customers and promotes a truly effective school inclusion, consistent with social rights proclaimed in this century. We believe in the irreversibility of the inclusive process initiated a few decades ago and that obstacles to the practice of teaching students with ID are visible and possible to overcome if they are turned into challenges for all those who compose the school, the municipal education system and those who build public policies for inclusive education

A Produção biopolítica do corpo saudável: mídia e subjetividade na cultura do excesso e da moderação

Recognizing the plans left by Foucault as legitimate, for those that the struggle to fight against all forms of way of life subjection takes an important role on human being existence, this thesis questions the impacts of body planning on health specialized media on the production of the contemporary subjectivity. Having the Saúde! magazine as this thesis empirical field, it discusses the subjectivity processes centered on the realization of many bodily practices destined to a perfect body self-construction, finding suitable conditions for a narcissistic development of the new ways of social regulation on hypermodern societies. Our central argument, refering to a specific reflection about the body, media and subjectivity, is that the body promoting over the health specialized media makes possible the creation of new existential territories, configuring the healthy body bio-political production by a subjectivity process open to experimenting and to self-invention. Bodily subjectivity process centered on body self-construction, simultaneously generating human subjectivity singularization and massification, evidencing escape routes to build a body health existential perspective. In this thesis we seek to point not only the historically hegemonic forms of being healthy, but mainly the forces that nowadays question these forms, making possible the thought of other ways to live the health of the body, starting from the subjectivity singularization

Body art, existência e conhecimento :a percepção do corpo na Educação Física

In the Renaissance, the anatomy project a map of the body. Since then, the human body has been investigated for innumerable techniques, configuring new landscapes on the condition human being and the proper knowledge. In accordance with Merleau-Ponty (1975), All technique is body technique. It configures and extends the Metaphysical structure of our meat. In this direction, any intervention in the human body, a tattooing, a surgery or a performance, extends the perception and the directions of the existence of the subject. Merleau-Ponty (1975) still affirms, that all technique presents objective interventions. However, the body, ahead of these interventions, doesn t have to be considered only object, but subject that, from the interventions, attributes sensible and meanings through the movements, also being this its way of being in the world. Searching to extend this reflection on the discontinuities between the object body and the subject body, as well as, with the objective to reflect on the relation between the corporal techniques and the production of the subjectivity and the knowledge of the physical education, we reflect on the body art, as one technique of body that marks the exterior of the body, exteriorizing the subjectivity, to search new means to the body and that ahead of this, we believe being able to project innumerable directions for the corporal transformations in the contemporarily. As a method for our reflection in we will support them in the phenomenology. IT presents as a new ontology, in which distinction does not occur enters the operating paper of the citizen that knows and the influence of the known object. The phenomenological understanding of body will be able to contribute with the knowledge of the Physical Education, a time that gives us important arguments on the experience of the body in relation with the nature, the culture, history. To be a body is to be tied to a world that we do not possess completive, but that we do not cease to search it

Corpo e aprendizagem em Boris Cyrulnik e em Merleau-Ponty

This research seeks to identify views of the body and learning the authors Boris Cyrulnik and Merleau - Ponty, thus tracing reflective for the educational field in several areas, with emphasis on physical education paths . We notice that the above authors present a wide collection of books, needing to develop this theoretical construct a limitation in their works. Therefore , on the theme of the body , were used mainly books The Sixth Sense , Boris Cyrulnik and Phenomenology of Perception , Merleau- Ponty , as both present in their organizational context a specific chapter on this subject . The phenomenological approach is included as path to be taken to devise this study because it is based on daily reflections that the human being perceives through his experiences with his peers and mainstream culture. The phenomenological reduction was carried out from the readings and interpretations of texts, writers and commentators, as well as approaching with life aspects of experience as a police officer and professor of ethics. The interpretation points to the understanding of body and learning that can be propagated within the Physical Education and as a way to understand and learn the constructs lived through sensitivity. The design of the body, feelings and affections of Boris Cyrulnik firm the empathetic bonds between human beings, bringing confidence to explore the world, learning through the new link with the other. This notion is close to the notion of expressive body Merleau Ponty, who holds intentions in their gestures (movements), entwining in time and space. Boris Cyrulnik and Merleau-Ponty expressed as the human being is enigmatic, lying embedded in a social and cultural world, so the experiences to traçarem existential trajetória and learning need in order to enaltercer freedom of expression as a mechanism that can be deployed in the appropriation of concepts and the criticality of the subject facing widespread theories (biological, social, anthropological , etc.) . From the reflections of the research is that recomneda Physical Education , as epistemological working area apprenticeships stemmed body movements should enable reflection on their practice, other do be done, but enabling the creation of different senses and meanings each body attitude

O sofrimento do paciente na UTI : escutando a sua experiência

In tertiary care, the Intensive Care Unit (ICU) is nowadays one of the most complex settings in providing care to critically ill patients and could make the difference in favor of life. Nevertheless, the stigma of death which pervades the imagination when the ICU is mentioned and the excessive importance placed on machines rather than on the human being end up by causing distress to some extent. As the purpose of this investigation is to understand the distress caused to a patient in an ICU, it has been grounded on the following question: What kind of distress does a patient go through during his/her experience in an ICU? This study has, therefore, an analytical and reflexive character embedded in a qualitative dimension of a phenomenological approach based on narratives. To this purpose, five patients were interviewed from November to December 2008. Out of the empirical material gathered from these narratives we were able to identify several factors that cause distress to ICU patients. Among them were: the certainty that they are critically ill and fear death, a closed room, too much lighting, a typical loneliness arising from being isolated from family members and dear ones, lack of communication with the professional staff, and noise; besides having to undergo therapeutic procedures. In summary, although the ICU is seen as a place of distress, in many aspects and in accord with this research, such distress can and should be relieved. On the other hand, being near to death leads them to a redefinition of life, said the patients.

Vivências de docentes de enfermagem no ensino do cuidar

Care, in a global perspective, appears in the main quarrels as the necessary phenomenon that will have to permeate the thoughts, the perception and values for the change that will lead to the overcoming of a paradigmatic crisis. The professional care was attributed, in elapsing of history, to the Nursing. Its historical evolution and articulation with the social processes, political and scientific in prominence place, in what it says respect to human well-being, not objectifying to cure, but to comfort, to complement the weak capacities and to the establishment the present capacities, alleviating pain, in other words, caring. The Teaching of care in Nursing, suffered great influences of the biomedical model, being like this, the education in Nursing has been criticized for if being valid pedagogical models incapable to promote the growth of the subjects, keeping it passive before your life processes, showing fragilities, attitudes and questionable behaviors, dissonances, appearing the imminence of an act of to care and to educate that needs to be considered as dialectical and intersubjective act. The objective of this research is to understand the lived experience of the nursing teachers in the Teaching of Care, in order to reflect about the insert of Nursing in the current world context, watching the dialetics of the Teaching of care and the paradigm changes in the section health. It is a phenomenological research that used the analysis of the located phenomenon, to obtain the units of meaning of the speech Nursing teachers about your experience lived in the Teaching of care. This study allowed the Nursing teachers could share your existences, senses and information on the interior of your pedagogic action exalting the interpretation, which appears intentionally in the conscience, emphasizing the pure experience of the be-professor, including emotions and affectivities in the teaching of care. In the construction of the results, three moments were devoted for discussion: Multidimensional Care; Care as Professional Practice; and the Teaching of care. The speeches had revealed rich, complex and for paradoxical times. The understanding of a sensitive teaching, that sometimes, arrives if to worry in rescuing the tenderness and the humanity, it is running into the other permeated speeches of fragilities, inconstancies, technifying, that showed lacks of pedagogic preparation. The Teaching of care needs to adopt a conception of education/learning and to use methodologies that can lead to an action liberating, capable to breach with traditional mooring cables and preconceptions or little healthful habits of life, favoring the use of methods that promote educating for the way of the sensitive, detaching aspects that they contribute for this end, as the intuition, the emotion, the creation, the perception and the sensibility. In this direction, it is considered important to deepen subjects that make possible the creation of care strategies and educational with the human being vision in your totality, therefore if it perceives that the necessary therapeutical boarding to be ampler, passing for the social individual, family and its relations

O trabalho em saúde como espaço pedagógico: desafios e possibilidades

The ongoing transformations in brazilian society, arising from technical and organizational changes in the working world, are making, with much emphasis, heated debates resurge related to themes and issues that refer to the relationship between work, skills and education. Thus, this study is inserted in the link between education and work, pointing to the work as an educational principle according to Antonio Gramsci. This paper aims to discuss the interfaces between education and work in the everyday health care teams and learn about the activities developed by health teams related to the learning processes in and with the work to analyze the opportunities and challenges of transforming spaces of health work in an environment of lifelong learning. This is a descriptive, exploratory with a qualitative approach case study developed from semi-structured interviews with the health staff professionals of the Unidade de Terapia Intensiva da Casa de Saúde Dix-Sept Rosado in Mossoró / RN , who answered open questions about the relationship between education and work. The interviews were conducted during the month of January 2010, the same being recorded, transcribed and analyzed, culminating in the production of new knowledge on the subject. It is understood that work and education activities are eminently human, therefore only the human being works and educates. Given the statements of participants, it is noticed that all work processes in health are learning moments. This happens through new demands imposed by the everyday of the services, by interaction with a multidisciplinary team, participation in educational activities and individual study. It was noticed that the institution in this case does not promote study courses related to Intensive Care and that there are obstacles to the realization of educational activities on and with the work, such as: excessive workload, inability to release staff to participate in events, low pay, which leads the worker to have more than one employment, rejection of new knowledge by some workers and lack of physical infrastructure and incentives for the activities. The daily situations must be transformed in learning, selfanalyzing the problems of practice and valuing the work process itself in its intrinsic context. We conclude that dealing with the web of relationships between educational processes and production processes of health services, unraveling the intricacies of the world of work and education requirements in this sector are increasingly on the agenda of Sistema Único de Saúde workers and managers. The continuing consideration of this issue becomes an essential condition for the proper discharge of their responsibilities. We consider that bringing the education to everyday life is the result of recognition of the educational potential of the work situation