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

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Políticas de educação profissional técnica e de ensino médio no Brasil: a implementação no CEFET-RN (1998 2008)

This study has analyzed the high school and professional education policies (1998-2008) and their impacts on the Centro Federal de Educação Tecnológica do Rio Grande do Norte. It has presented an analysis and design of the productive restructuring process in the world of work and education, the technical, vocational education and high school policies in Brazil, referring to this period, as well as the changes in Cefet-RN for implementation of Political Guidelines of Vocational, Technical and High School Education. This study is guided by assumptions related to these policies, which are located in different historical moments. It is a study in which subjects are understood as historical and social beings, embedded in the economic, political and cultural rights which, by its actions, can be transformed. It was based on a theoretical framework consistent with the object of research to give it shape and meaning, serving as a parameter to address the problem outlined in research questions. It was used analysis of bibliographical material and specific documents from the Institution, semi-structured interviews with the subjects part of technical and high school. Results show that many of the recommendations in the present high school policies and vocational technical and high school education, implemented in Cefet-RN, for the period 1998-2002, show inconsistencies between what is said and what can be officially established in the pedagogical practice of teachers and professional practice of some graduates. Regarding the integration of vocational education with the high school (2005-2008) in this Institution, the study signaled that its prioritization failed to materialize in full, in Cefet-RN, although it was developed and implemented a Political-Pedagogical Project in 2005

Política de formação de professores: uma leitura a partir da análise do programa especial de formação de professores para a educação básica PROEB/UFMA

Study of Teacher Education Policy: a reading from the analysis of Programa Especial de Formação de Professores para a Educação Básica Proeb - aims to analyze the initial teacher training developed by the Universidade Federal do Maranhão - UFMA. Proeb is a policy of in-service training of teachers, formulated and implemented in the context of current educational policies for basic education. This work assumes that the guidelines developed in the last decades of the twentieth century are linked to international organizations that spread in Latin America continent a homogeneous model of training which has as main features to be held in service through the mode the distance and the school as a leading locus. In Brazil, these guidelines are supported on the Law of Directives and Bases of National Education No. 9.394/96 and Report 09/2001, which deals with the Syllabus Guidelines for the formation of Basic Education Teachers. To carry out the study was taken as reference, the syllabus developed for the deployment of Proeb from 1998 to 2002, specifically the proposal operationalized in the Degree Course of Mathematics in the city of Vitória do Mearim in Maranhão. To conduct the study, it was used literature as a way to deepen understanding, clarify and aim the conceptual aspect of the object researched. The documental research was consisted in the analysis of legal documents concerning the reform of education policies, teacher training and pedagogical project Proeb/UFMA and, finally, the semi-structured interviews were used to allow a better understanding of the subjects involved with research. The data analysis has shown that the curriculum designed to operationalize the course of undergraduate mathematics Proeb/UFMA, despite having guidelines that point to the separation of theory/practice dichotomy and establish as a principle work as an educational principle, has an disciplinary curriculum organization that reinforces the instrumental view of the syllabus, not enabling in practice, the execution of their initial proposal. Concerning to the view of graduates on the course, they highlight the weaknesses of the course, but also evidence that it has allowed an improvement of initial training, through the disciplines of the common core syllabus of courses and special training. It is possible seeing in graduates words, that the course have had repercussions in their teaching and improving their integration into the labor market and in the community of Vitória do Mearim. Overall, these developments have indicated evidence of teacher professionalization, although they are incipient. The work has shown that for the professionalization of teachers is introduced, the syllabus of undergraduate teacher education must overcome the traditional view of syllabus and implement contextualized curricula in a multidisciplinary approach involving, in equal proportions, the general education and training specific course. Accordingly, it is believed in need to review the role of the University in the formative process, as well as recovering as part of educational policies, the omnilateral size of teacher education

Estágio Supervisionado na formação de professores em serviço dos anos iniciais do ensino fundamental

This report aims to present the results of research on the possibilities and limits of Supervised Traineeship in a the course of Training of Teachers in Service of the early years of primary education conducted through an agreement between the Federal University of Piauí and the Teresina city council (PI) UFPI/PMT, offers subsidies to teaching practices that address the reality of students who live, work and/or studying in school located in rural areas. The research is based on a theoretical and methodological approach that places the object of study in the critical perspective and using procedures such as: literature (bibliographical research), documentary analysis, semi-structured interview and photographic record. We researched 10 (ten) teachers of the course promoted by UFPI graduating in 2006 and who develop teaching activities in schools located in rural areas in the city of Teresina-PI, 02 (two) teachers who are trainee supervisor of UFPI and the coordinator of the course. The analysis evidenced that the object, historically, educational policies have changed, but did not break the traditional patterns of teacher education, enough, especially in the curricular proposals in light of the changes required by the information and global society. We also note that in the supervised training, the process of critical reflection on teaching practice was made possible, in part, and raised the reconstruction of specific knowledge to make teaching in order to conduct the teaching-learning process articulating different realities of primary teaching and facing situations due to conservative practices in relation to education in rural areas. It contributed, therefore, this curricular component to resize, in part, the pedagogical action of the teachers graduated. The study also drives the research toward to similar studies in the perspective of overcoming the current model of teacher training that does not correspond to the demands of society in change and to the crisis of capital, with immeasurable consequences in the workplace. The contemporary claims for a University to form professionals capable of directing the destiny of society, where teacher training is a social and political demands on which is co-responsible