Direito fundamental à saúde: parâmetros e alternativas para sua concretização no Brasil

If, on one hand, only with the 1988 Federal Constitution the right to health began to receive the treatment of authentic fundamental social right; on the other, it is certain since then, the level of concretization reached as to such right depicts a mismatch between the constitutional will and the will of the rulers. That is because, despite the inherent gradualness of the process of concretization of the fundamental social rights, the Brazilian reality, marked by a picture of true chaos on public health routinely reported on the evening news, denatures the priority status constitutionally drew for the right to health, demonstrating, thus, that there is a clear deficit in this process, which must be corrected. This concern regarding the problem of the concretization of the social rights, in turn, is underlined when one speaks of the right to health, since such right, due to its intimate connection with the right to life and human dignity, ends up assuming a position of primacy among the social rights, presenting itself as an imperative right, since its perfect fruition becomes an essential condition for the potential enjoyment of the remaining social rights. From such premises, this paper aims to provide a proposal for the correction of this problem based upon the defense of an active role of the Judiciary in the concretization of the right to health as long as grounded to objective and solid parameters that come to correct, with legal certainty, the named deficit and to avoid the side effects and distortions that are currently beheld when the Judiciary intends to intervene in the matter. For that effect, emerges as flagship of this measure a proposition of an existential minimum specific to the right to health that, taking into account both the constitutionally priority points relating to this relevant right, as well as the very logic of the structuring of the Sistema Único de Saúde - SUS inserted within the core of the public health policies developed in the country, comes to contribute to a judicialization of the subject more in alignment with the ideals outlined in the 1988 Constitution. Furthermore, in the same intent to seek a concretization of the right to health in harmony with the constitutional priority inherent to this material right, the research alerts to the need to undertake a restructuring in the form of organization of the Boards of Health in order to enforce the constitutional guideline of SUS community participation, as well as the importance of establishing a new culture budget in the country, with the Constitution as a compass, pass accurately portray a special prioritization directed constitutional social rights, especially the right to health

A contribuição de Diké na formação do Emílio ou o papel da jurisdição constitucional na concretização do direito social à educação

The fundamental social right to education has a lengthy constitutional argument, having been declared as a right to everyone in the Title dedicated to the fundamental rights and warrants and, later, scrutinized in the Social Order Chapter exclusively devoted to this theme, where specific rights are guaranteed and fundamental duties are imposed to family, society, and state. In that which concerns education, the 1988 Constitution is the result of a historical-normative process which, since the days of the Lusitanian Empire wavering between distinct levels of protection warrants in some way the educational process. Nevertheless, not even the State s oldest commitment to education has been fully achieved, namely, the annihilation of illiteracy. Even as other fundamental social rights, education is inflicted with the lack of effective political will to reach its fulfillment, and this is reflected in the production of doctrine and jurisprudence which reduce the efficacy of these rights. The objective of this work is to analyze what part is to be played by the constitutional jurisdiction in the reversal of this picture in regards to the fulfillment of the fundamental social right to education. Therefore it is indispensable to present a proper conception of constitutional jurisdiction its objectives, boundaries and procedures and that of the social rights in the Brazilian context so as to establish its relationship from the prism of the right to education. The main existing obstacles to the effective action of constitutional jurisdiction on the ground of social rights are identified and then proposals so as to overcome them are presented. The contemplative and constructive importance of education in the shaping of the individual as well as its instrumental relevance to the achievement of the democratic ideal through the means of the shaping of the citizen is taken into account. The historical context which leads to the current Brazilian educational system is analyzed, tracing the normative area and the essential content of the fundamental right to education aiming to delineate parameters for the adequate development of the constitutional jurisdiction in the field. This jurisdiction must be neither larger nor narrower than that which has been determined by the Constitution itself. Its activity has been in turns based on a demagogic rhetoric of those fundamental rights which present a doubtful applicability, or falling short of that which has been established showing an excessive reverence to the constituent powers. It is necessary to establish dogmatic parameters for a good action of this important tool of constitutional democracy, notably in regards to the fundamental social right to education, for the sake of its instrumental role in the achievement of the democratic ideals of liberty and equality

Padre Miguelinho :o intelectual, o professor, o revolucionário - vozes que se fazem ouvir

This research work worries in building the history of the natalense priest Miguel Joaquim of Almeida Castro, Miguelinho, I don't just eat one of the heroes and martyrs of the Revolution From Pernambuco of 1817, as bill the traditional history, but also the educated man, the intellectual and the admired teacher. The studied period understands the beginning of the century XIX, when priest Miguelinho comes back to Brazil, coming of Portugal, to assume teacher's occupation in the Seminar of Olinda, and it ends in the year of 1817, marked by the Revolution From Pernambuco, one of the most important movements in the fight for the liberation of Brazil of the Portuguese domain. Miguelinho, one of the leaders of the Revolution, that also reached the provinces of Paraíba and of Rio Grande do Norte, it was executed by the real troops. Like this, he tries to understand the Priest's conflicting relationship, while representative clergyman, of a Church that almost obtained a religious monopoly, and your ideals per centuries more gone back to a social and economical order of Illumines, that even certain point condemned the attitude of the own Church. The objective, then, is to understand through the path of priest's Miguelinho life, not only the intellectual, the teacher and the revolutionary, but the representation of your political and pedagogic-educational ideas in a die historical moment and the creation of the republican myth, looking for the plurality of an universe that seeks, per times, to flee of our theoretical context

Mãe-esposa e professora: educadoras no final do século XIX

This text is organized through discussions undertaken in the area of the History of Education in Rio Grande do Norte, circumscribed to the History of Women from the first decades of the Brazilian Republic, and to the analysis of what was expected of this education. We examined representations of women in Natal, between 1889 and 1914, with the goal of configuring relations between the sexes with the emphasis on moral, intellectual and pedagogical aspects required of these women. As documental sources we utilized the educational, civil and criminal Legislation, on a National scope, as well as on a State and Municipal scope. We circumscribed our search to the newspaper A República, in which we found literature that circulated in Natal in the form of pamphlets, short stories and poetry, as well as other texts by authors that were part of the corpus of analysis of this study, located in public and private archives in Rio Grande do Norte, such as the Historical and Geographic Institute of Rio Grande do Norte (IHGRN) and the State Public Archive of Rio Grande do Norte (APE-RN). The use of the indexing method and the propositions of Cultural History were the appropriate theoretical-methodological framework to complete studies of this nature. This operational perspective permitted us to elaborate nuances about this time of transition from the 19th to the 20th Century, and to spotlight the fire of the women from this period. The basis of the argument that related women to maternity and domesticity, and within the ideals of abnegation and religious leadership, aligned to a demand coming from the increase in the quantity of schools for women, allocated women as the most appropriate for superior in educational performance in the country, based on its foundations: primary education. Beyond the universe of formal education, the other side of women appeared in republican politics. The mother-spouse and the institutionalization of domestic education associated the female gender with the role of educator at home as well. Be it in the public sphere, as a teacher, or in private, as mother-spouse, female care is perceived in this configuration, as an educational base that the Republic, and in transition, bequeathed to the Brazilian 20th Century

Cecília Meireles e a lírica pedagógica em Criança meu amor (1924)

The research Cecília Meireles and the Pedagogical Lyric in Children My Love (1924) consists in a critical analysis, a cultural and historical approach to the pedagogical intentionalities and to the social and educational functionalities expressed in the childish literary work of the poetess and educator Cecília Meireles (1901-1964), in Brazil, during the first decades of XX century. The author s conceptions of the literary art, the philosophical and educational foundations, the Christian and liberal ideologies and values pertinent to her work for children and the relations between her texts and the ideals of the Brazilian intellectuals to effect changes in the every day life based on the child formation and on the teaching feminization process were examined in the work. This paper shows a content analysis with the intention of offering signification to the work Children My Love (1924) according to the investigation of specific categories: child, motherhood and schooling; through the exploration of synonymous and bipolar key-words found in Cecília s documents: child/adult, teacher/mother; school/home, ignorance/intelligence. The research intends to understand how the author articulates, in her informal pedagogical action in Children s Literature, science, literary and Christian faith knowledge, in order to expand her social and educational ideal concentrated in children, guided by the maternal hand and aimed at constructing a New Man, New Civilization and a New Social Order

Entre cristo e o diabo:o ideário do Colégio Americano Batista do Recife (1902-1942)

Due to lack of work on the history of Baptist schools in the Northeast region of Brazil, it is important to understand through a historical reconstruction of the Baptist Protestant education. We embarked on this venture as a chance to understand the presence of Protestant schools, and his ideas on Brazilian soil. Our goal is to promote a reflection which has the axial dimension of the Baptists Protestant education, in time, we will place the debate between 1902-1942. The temporal boundaries of 1902-1942 was because 1902 was when he started the American Baptist College of Recife in 1942 and that ends the cycle of managing directors of Americans. Understand the functionality of time a school is justified when we realize that the history of education is the story of a work of self and formation within a framework that has the school as the main support that can enable a reading of reality. We also intend to examine the school culture brought to Brazil by American missionaries and their applicability in the Brazilian cultural-historical context. And just to demonstrate the hypothesis that the educational contribution of Baptists added to the participation of other Protestants promoted advances in Brazilian society. Possibly taking for granted that the Baptists were in possession of the democratic ideals of religious freedom, taken by many representatives and religious version of the republican regime. In addition to promoting a model in Brazil to make different methodological schools, based on the ideals of new school and ethics of the Bible. Our proposed research aims at understanding how North American missionaries settled in Brazil and what were the purposes of adding to the efforts of evangelization to formal education, binomial that justified the establishment of schools. A vision of saving men for evangelization and education of the Devil attack victims over the ethics of Christ

Luiz Antônio dos Santos Lima e o seu legado educacional (Natal/RN, 1910-1961)

This research aims to analyze the intellectual practice of Luiz Antônio Ferreira Souto dos Santos Lima. This is done considering the author´s legacy related to the History of Education in Rio Grande do Norte/Brazil in the time span of 1910 to 1961. Thus, the research is grounded on assumptions that rely on the Cultural History field. The research also dealt with dialogues between the author and Chartier (1990), Elias (1994), Morais (2003; 2006), as well as Gondra (2003). For the bibliographical research the work dealt with a vast array of documents such as newspapers called A República and Diário do Natal, Pedagogium, Revista do ensino, as well as state laws and decrees These documents were obtained at the Historical and Geographical Institute in Rio Grande do Norte. The research also dealt with School Bylaws and a medical doctoral thesis called Mental Hygiene and Education that was written by Luiz Antônio dos Santos Lima. Other documents were obtained at the State´s Public Archive, such as the Book of Honor, Work Records, Reports and Minutes of the General Directorate of Public Instruction Meetings. It was possible to infer that professor Luiz Antônio dos Santos Lima was teacher at Grupo Escolar Augusto Severo, the Atheneu as well as some local grade schools. The professor had a broad role in society, in administrative positions such as the Presidency of the Association of Teachers of Rio Grande do Norte, as Grade School Director in the School of Pharmacy and the State Education Department. He was also a member of the Academy of Arts and a partner at Historical and Geographical Institute in Rio Grande do Norte. The professor has also concerned with issues related to teaching good habits such as feeding, grooming, discipline, game morals, temperance, smoking, sex education; all of which necessary for the formation of healthy children. He was an enthusiast of an intuitive method and teaching lessons through practice, that he considered key elements in education. It is seen that professor Luiz Antônio dos Santos Lima had presence in the State´s health education and that his ideals were line with the ideal of modernity of the early twentieth century

O masculino em revista: mídia, discurso e modos de subjetivação afetivos-sexuais

This dissertation has the thematic of the sexual affection of the masculine subjectivity within texts of Universo Masculino and Men‟s Health magazines as object of analysis. The central objective was to describe and interpret the theme on the masculine subjectivity in discourses about the affection of sexuality materialized in discourse practices in those magazines. The main point of the research matters how the discourse structures of texts in those magazines make it possible to comprehend the meanings produced about the masculinity nowadays. On the perspective of the thematic trajectory what consists the main aspect that concerns the leading of corpus in the research under the French discourse analysis, we have searched, in reports of those magazines, an arch-genealogy of masculinity, from a specific sexual-affection disposable of our mediate culture. The analytic trajectory enables us to conclude that the thematic trajectory about the sexual affection of the masculine subjectivity produces a semantic way that confirms hegemony and hetero-normative ideals, rather than what proposes new performances on the masculine subjectivity experiences. In its real effects, such mediate discourse practice pursues to link certain sexual affection knowledge to the male individual‟s lifestyle today, from the thematic choices, enunciation modalities and discourse strategies which are specific to the masculine media

Ética e clínica na atenção psicossocial: contribuições da psicanálise de Freud e Lacan

O objetivo central é discutir a possibilidade de uma ética pertinente ao conjunto de ações atualmente realizadas sob o enfoque da Atenção Psicossocial no campo da Saúde Mental Coletiva. Utilizando o método do ensaio, partirei da análise de algumas proposições importantes sobre a ética na Saúde Mental, presentes na literatura recente, e da experiência de vários anos no campo da Atenção Psicossocial como trabalhador, como assessor clínico-institucional do Ministério da Saúde e como formador de psicoterapeutas. Duas vertentes de análise são consideradas: éticas disciplinares, chamadas éticas da psiquiatria, incluindo uma tentativa importante de complementá-las criticamente sob o enfoque da ética do cuidado, e éticas fundadas em concepções psicanalíticas do sujeito e seu sofrimento, que destacam as dimensões do sujeito como entre social e como entre subjetivo ou entre sentido. Com base nas diretrizes do Sistema Único de Saúde e na psicanálise do campo freudiano, procura-se fundamentar a ética da Clínica na Atenção Psicossocial como ética do cuidar-se - base necessária para a construção do protagonismo dos sujeitos do sofrimento na produção do sentido necessário à superação do sofrimento e demais impasses que motivaram a procura de ajuda, e para a possibilidade de seu reposicionamento no entre social e no entre sentido; componentes da saúde em sintonia com a subjetividade singularizada referenciada nos Ideais socioculturais e no devir desejante. Demonstra-se que essa ética exige dos trabalhadores do campo a superação dialética dos modos de produção de saúde e subjetividade em sintonia com o Modo Capitalista de Produção e seus derivados autoritários.

O retrato de Eros em Florbela Espanca: um estudo sobre a escrita erótica em Charneca em Flor

Portuguese Poet Florbela Espanca (1984 1930) lived and produced her literary work during a period in which, on the one hand, the ideals of an innovative and irreverent movement were being fomented led by Fernando Pessoa, Almada Negreiros and Mário de Sá-Carneiro , on the other hand, Portugal was still dominated by a conservative and authoritarian thought, anchored in a bourgeois-christian ideology. Inserted in an unfavorable social context to the expression of the female sexual impulse, poet Florbela then appears with an innovative speech as threatening the sexual organization of the Portuguese society. This way, considering the relations between the poetic text and the historical-social context, the aim of this work is to present a reading upon the Eroticism in The Flowering Heath (2005) as a way to contravene the borders given to the sexual phenomenon. For this reason, we will mainly resort to the concepts developed on the approach of Georges Bataille The Eroticism (2004) and also by Octavio Paz The Double Flame: Love and Eroticism (2001)

Terra Natal, de Ferreira Itajubá, e a permanência do romantismo

In this dissertation we argue that the work Terra Natal, by the poet Ferreira Itajubá, presents, predominantly, themes and forms typical of the Romantic period, although it came out in 1914, when the romantic aesthetic was no longer popular in Brazilian Literature. Firstly, we discuss about Ferreira Itajubá s biography, his bibliographic production as well as the critical fortune of his works. Secondly, we outline the course of the Romantic Movement from its emergence in Europe to its arrival in Brazil as well as its impact in the state of Rio Grande do Norte. Finally, we analyze of Terra Natal, taking into account other aspects such as context and structure through the analysis of the poems VII, IX, XVIII, XXI and also of the song Viola , inserted in the poem VIII. We highlight the following romantic themes during the analysis: exile, nostalgia for the past, cult of native land, the romantic view of woman, projection of soul s state on nature, and religiosity. We will try to create dialogues between Terra Natal and works of popular Romantic Brazilian writers, such as Gonçalves Dias, Casimiro de Abreu, José de Alencar,Visconde de Taunay and Castro Alves, in order to show the affiliation of the above-referenced work and the Romantic ideals

Mecanismos de controle do trabalho escolar em propostas de escrita narrativa em livros didáticos de português (1974-2009)

This essay aims at investigating the writing proposals of Portuguese textbooks (LDP Livros Didáticos de Português) for Middle School (EF Ensino Fundamental), from 6th to 9th grade, from the 70s to 2009. It aims to check, though the discourse reported in the Portuguese Textbook, the control directed to the practice of the teacher and the student to do in the teaching situations. Theoretically, we search for contributions that come from the Discourse Analysis of French filiation, so we can analyze the ideological constructions present in the discourse of the ―LDP‖ more specific lly the control directed to the te cher nd student the users of the book, in writing activities. It started from a corpus of 63 textbooks whereof the following steps were performed: a) mapping of the writing proposals contemplated in the ―LDP‖ of high school; b cutting in the selection of propos l ccording to the rese rch go ls intended (writing proposals of narrative texts). After mapping the writing proposals presented in the ―LDP‖ bout the criteri mentioned bove we re d the writing propos ls to ch rt the quantity of proposals of textual writing productions in each textbook (which usually follows a pattern : 12 chapters and, at the end, the writing proposal. Nevertheless, some books present 2 (two) or more writing proposals at the end of each chapter). We did a cutting in the corpus initi lly constituted 63 ―LDP‖ nd we selected 12 writing proposals of narrative texts presented in the ―LDPs‖ to present wh t we intend to n lyze. Then, we separated these proposals into two groups: 1) activities which present ―instruction guide‖ to be followed by the student; 2) writing activities that allow the student write with no need to follow a text pattern, i.e., which encourage authorship. By means of analyses, it was possible to demonstrate that, in the Basic School, generally, the writing practices concentrate, primarily, on copying activities, reproduction, rewriting and, in more advanced levels, in activities that which start from preset models, asking the students to produce text with similar themes, following the suggested structure. It is about ideals that are supposed to be followed and imitated by the students, depriving them to assume their authorship. In order to insert the student in the world of writing it s necess ry to go beyond the model of c nonic l texts pr ctice th t puts the students f r from the possibility to be ― uthors‖. In contr st to this tendency, we face, nowadays, proposals that prioritize the authorship, the creation of a style

Fundamentos da filosofia moral de Peter Singer

This research aims to reconstruct and explain the argument proposed by Peter Singer to justify the principle of equal consideration of interests (PECI). The PECI is the basic normative principle according to people should consider the interests of all sentient beings affected when somebody taking a moral decision. It is the join that Singer proposes between universalizability and the principle of equal consideration of interests that constitutes a compelling reason to justify it. The universalizability requires to disregard the numerical differences, putting yourself in other people s shoes, and to consider preferences, interests, desires and ideals of those affected. Singer joins universalizability to normative principle and molds the form and content of his theory. The first chapter introduces the discussion will be developed in this essay. The second chapter deals the historical and philosophical viewpoint from which Singer starts his studies. The third chapter is about the Singer s critiques of naturalism, intuitionism, relativism, simple subjectivism and emotivism. The fourth chapter exposes the design of universal prescriptivism proposed by R. M. Hare. The universal prescriptivism indicates, in the Singer s viewpoint, a consistent way to create the join between the universalizability and PECI. It highlights also the criticism designed by J. L. Mackie and Singer himself to universal prescriptivism. The second part of this chapter shows briefly some of the main points of the classical conception of utilitarianism and its possible relationship with the theory of Singer. The fifth chapter introduces the Singer s thesis about the origin of ethics and the universalizability as a feature necessary to the point of view of ethic, and the way which this argument is developed to form the PECI. The sixth chapter exposes the main distinctions that characterize the PECI. Finally the seventh chapter provides a discussion about the reasons highlighted by Singer for one who wants orient his life according to the standpoint of ethics. This structure allows explaining the main ideas of the author concerning the theoretical foundations of his moral philosophy

Guerra e identidade: um estudo da marcialidade no Heimskringla

The goal of our dissertation is to study how the Scandinavian writings produced a Norwegian identity of warlike ideals in a compilation of Icelandic sagas known as Heimskringla and has parts of its content focused on storytelling about a troubled time of Scandinavian monarchies rising between the 8th and 11th centuries, which is called the Viking Age. The Heimskringla, also known as The Circle of the World is a set of writings based on Icelandic oral memory about the Norwegian kings and the conception of a Norwegian territory. While we investigated the relationship between the members of royalty, their companions and the Scandinavian people, we delineate the relationship between memory, identity and war. Our study points out how the Scandinavian war produces, in its storytelling, proper spaces, in socio-political relations among the participants, in the organization of its conflicts or the location of war activities, where places are transformed into essential points in these narratives. The war is both a place of identity statements and a space of practices, necessary for the strengthening of royal power

A coleção mossoroense e a construção dos mitos: Dix-Sept Rosado, o herói imolado

This research comprises a study on the values and ideals attributed to Dix-sept Rosado, by the Coleção Mossoroense journal. Local researchers demonstrate how the Coleção Mossoroense constructs an image of Mossoró, forming in the members of the city an identity with the place, a social cohesion or creating one forms to see and to say about the Mossoró city. The Coleção Mossoroense, through Vingt-un Rosado together with its family, established a form of seeing and identifying of the Mossoró s population with the city, just because it associated and it was, at the same time, a movement at the same time social (civic parties for example), political (the domination of the Rosado s family) and cultural (the books and theatrical parties about the city). The conjunction of the Coleção Mossoroense as and with a social movement, cultural and political was capable to establish a social identity, a subjective constituent . With this background, it was possible to make a study of the image attributed to Dix-sept Rosado, by the Coleção Mossoroense, through an analysis of the inherent discourse in the works by Bakhtin (1989) and Bourdieu (2000), of and on Dix-sept Rosado in the Coleção Mossoroense based on. The image of Dix-sept Rosado was constructed by the Coleção Mossoroense after its death, and the responsible for this was Vingt-un Rosado, which was the chief-editor of the Coleção Mossoroense up to 2006, year of its death. The Coleção Mossoroense built an image of Dix-sept Rosado as an enterprising man, progressive and innovator, of great capacity of leadership and oratory (a conductor of the crowds ), popular and charismatic, an honest and dynamic politician. This image made by the Coleção Mossoroense, although when enhancing in surplus the qualities of Dix-sept Rosado have as objective to transmit an image of a heroic personage, it has some relation with the reality. Dix-sept Rosado was a man identified with its locality. This can resemble a regional nationalism. The attitudes of Dix-sept Rosado must be understood inside of a broader social context, of a time marked by the populist politics. Qualities also appreciated and developed inside of a specific historical context and determined both national and locally. The Coleção Mossoroense enhances the qualities of Dix-sept Rosado so that the current politicians of the Rosado s family can establish a link of continuity in its contemporary political practice