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

Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

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

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

O púlpito como cátedra: retórica e educação nos sermões do Pe. Antônio Vieira (1608-1697)

This work aims to analyze the relationship among culture, education and rhetoric on the sermons of the Priest Antonio Vieira (1608-1697). It discusses the presence of oratory on the Western teaching since its Greek origins until the formation of the Ratio Studiorum in 17th-century. Brazilian society is defined as baroque and the rhetoric arises as element essential in the elaboration of the social imaginary speeches and, occupying as an essencial element in the elaboration of discursese and social imaginaries, occupying the centre of controversies, about questions like reason and the faith, ethics and the politics, the nature of the Indian and African peoples, even over the own construction of the modern subject. In this context the vieira´s preaching discharges the functions of kerigma (preaching), didachê (education) and politics (action). The research consisted in a finicky reading over five of these sermons that were returned in the presence of different audiences. The pulpit was the cathedra where Vieira used his sermons as a manner of social mobilization that aimed not only teaching a determined knowledge of reality, but altering cruel situations like Indian and poor people slavery in his epoch. Education by Vieira consist in a tension between utopian hopes and urgencies of practice. The rhetorical tradition affirms the interdependence of technical ethics and politics aspects. To know is not enough is necessary to convince and to move, realizating passage from theorical to practical liverly. It presupposes still the preoccupation with the solidity of argumentation and of reasoning, a wide cultural formation, the requirement of a civic ethics and, mainly, the adequacy between content and the specifics of audience

Helena de Machado de Assis; Imagens literárias e a retórica da morte da nação inconclusa

Helena is the romance of perishable and discontinuous title character denominator of a dialectic that does not consume and build the narrative by sequential fragmentation combined with episodic frame. The novel is a lightning stroke to the romantic literary project. Therefore, this study aims to find "objective" elements of the novel that would constitute a conception of literary nation proposed by Machado de Assis, as in classical writing, where women are engaged as a metaphor for the nation by a non-cultural heroism, as the example of the Greek myth of Helena, where the feminine represents a mythical image of the nation. The paper's theoretical conception of the history of Walter Benjamin, that is, that is constructed as an allegorical appeal, the conclusions about the disciplinary society of nineteenth century of Michel Foucault, the construction of the nation as a subtle game to remember and forget of Wander Miranda and the rhetoric of death and loss reflected in the speeches of the cultural heritage of José Reginaldo Santos Gonçalves, which allow you to analyze the work permeated by subjectivity and existential conflicts by Machado, who has it arranged in dialectic with the avant-garde literary romanticism and realism. In this relationship with the Greek myth of Helen, explained that characters with the nickname of Helena in Machado's work are not uncommon. As in classical Helena, Machado s Helena uses three rhetorical are the cause of the seizure of the nation. In this game of remembering and forgetting, in the daily plebiscite, Machado draw ideal images that forged our mythical past and commitment to the future. The suffering love of Helena is suffering from failure of the nation which would have led the author to the use of allegorical language, seeking a balance in the chaos generated by the opposition between cruelty and pity widespread view in an area where only left the character's confession guilt for the death. It is a simulacrum of unfinished nation, the space for the game of remembering and forgetting, while the rhetoric of negotiation of our Brazilianness

Paidéia e retórica no diálogo Fedro de Platão

This study presents a study on Plato's Phaedrus , with the purpose of discussing the possibility of interpreting this dialogue as a discussion on the greek notion of paideia.. We believe to find evidence to support this claim both in the cultural background of the dialogue and in its text. As background evidence, we point to the fact that Rhetoric had become the major disciplined studied in Athens in Plato's time, largely because democratic instituitions favored its practice. As text evidence, we point out that the story of the Phaedrus can be read as the story of how Socrates leads Phaedrus's soul toward philosophy. Therefore, we believe that Plato's main goal with this dialogue is to discuss Rhetoric and present the philosophical perspective on the possibility of an art of speechmaking. In order to achieve this, Plato presents an analyses of current Rhetoric, explains his conception of dialectic, and debate the relation between extemporaneous and written speech. We believe that all those elements serve the larger purpose of providing the background to discuss the cultural education of the Athenians

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

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

A manifestação da vontade da criança na disputa judicial da guarda: escuta psicanalítica/

Currently, in custody disputes, the child has the right to be heard and to have its opinion considered, according to its age and maturity. The psychologist/psychoanalyst who works in the Family Court is required to produce a Report with the purpose of helping the Court´s decision. The present research aims to discuss and to find guiding principles for the hearing of the declaration of the child´s will in a custody dispute by its parents, from a psychoanalytical perspective. The case of a nine year old girl that affirmed in Court the desire of living with the mother and seeing the father only once a year is the starting point of this theoretical research over the psychoanalytic fundaments of the hearing of the case, how it appeared in that experience and how it was reflected in the report. Throughout this work, the peculiarities of psychoanalysis as a way of understanding the subject and the conditions that must be observed so that a sctrictu sensu analytic hearing is possible are studied. Then we present a reflection of the case, in the light of the theories studied, verifying that we could observe in the experience: i) the assumption of a subject of the unconscious, divided and desire full that constitutes itself from the oedipic structuration, that leads to the difference between speech and speak; ii) the concept of the child as having a sexuality of its own; iii) a hearing based on the ethic principles of psychoanalysis and the analysts'' formation. In the final considerations, we state that the institutional demand of a meaning for the case is a great difficulty for the analyst since he works from a place of 'not-knowing"

Filosofia e paradigma em Cícero

Cícero é uma das poucas fontes críticas de textos do pensamento helenístico durante o período da Roma republicana. Ele atualiza a filosofia grega e, concomitantemente, reconhece a superioridade do direito romano. O espírito prático e guerreiro do povo romano afastava a filosofia, mas a emergência de novos problemas exigia reflexão. Nas disputas políticas e jurídicas, a retórica era um instrumento indispensável. O reaparecimento de estudos retóricos no século XX permitiu que alguns comentadores reconsiderassem a relação entre a retórica e a filosofia, propiciando algumas reflexões sobre o papel de Cícero na historiografia da filosofia.

Desempenho escolar da criança vitimizada encaminhada ao fórum judicial

O objetivo do estudo foi caracterizar o desempenho escolar da criança vítima de violência doméstica atendida no Fórum Judicial. Participaram do estudo 20 crianças vitimizadas comparadas com seus pares da mesma sala de aula, mesmo sexo e mesma faixa etária, mas sem histórico de violência doméstica, suas respectivas mães e professoras. As crianças responderam ao Teste de Desempenho Escolar, Inventário de Estilos Parentais e ao Teste de Raven (Escala Especial) e apresentaram o caderno escolar. As mães responderam a uma entrevista e a Escala de Táticas de Conflitos Revisada (CTS-2). As professoras apresentaram sua opinião sobre o desempenho acadêmico dos participantes. Os dados obtidos mostraram que a criança vitimizada tem desempenho escolar inferior ao grupo controle. Os resultados da CTS-2 indicaram que a maioria das crianças vitimizadas estava exposta à violência conjugal. O estudo mostrou que, além da violência doméstica direta e indireta, tais crianças estavam expostas a outros fatores de risco, tais como, pobreza, baixa escolaridade materna e uso de álcool e/ou droga por familiares.

A retórica do campo: um estudo sobre a comunicação nas cooperativas de café

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Retórica e argumentação: fundamentos para análise de um discurso do sul-mato-grossense Hélio Serejo

Pós-graduação em Letras - FCLAS

Retórica e argumentatio: uma disputa entre Mem de Sá e Cururupeba

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Constância da retórica, mudança de Estilo: a obra acadêmica de Cláudio Manuel da Costa

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)