Efetivação da garantia de defesa no estado constitucional de direito: colisão entre o poder punitivo e garantia de defesa

The domination of the violence for the Rule of law awakened a tension between the practice of the punitive power and the right to counsel. However, throughout the recent history of the Criminal law, this shock of forces has been determined for the punitive power. In this perspective, the present work intends to submit the guarantee of defense to a critical judgment, in search to conciliate its content to the Constitutional State of Right. For in such a way, it will be necessary to recognize the disequilibrium of the situation, but without considering the superiority of any of these elements. The State in such a way must fulfill the function to punish the culprits as to acquit the innocents. Despite the law is far from obtaining a harmonious speech, it is necessary that the defense guarantee coexists the punitive power as part of an only public interest, which is, to make criminal justice. In such a way, the existence of a sustainable balance between the punitive power and the guarantee of defense depend on the minimum interference of Criminal law and, also, of the judicial position in the concrete case. The present work faces, therefore, the moment of crisis of the Criminal law, consolidated with the advent of a new way of thinking according to the procedural guarantees, that will demand the overcoming of the old concepts. The Constitutional State of Right not only constitutes an efectiveness of the regime of the right to counsel, but in a similar way it searchs to accomplish the right of action and criminal justice as a whole. Knowing that the philosophy of the language raises doubts on the certainty, the truth and the judgement, it is imposed to understand that the defense guarantee is no more about a simple idea, but, in the crooked ways of the communication, we intend to find what the judge s function is when he faces this new reality

A legitimidade da jurisdição de primeiro grau na concretização dos direitos fundamentais: proposta de um novo modelo jurídico-administrativo para o segundo grau de jurisdição

The current study is about the legitimacy of lower court jurisdiction as a way of exercising basic legal rights, proposing, therefore, a new legal-administrative model for appellate court. In order to achieve that, a demonstration of the importance of basic legal rights in the Brazilian legal system and an open interpretation in light of the Constitution, as a way to affirm said rights, among which are accessibility to the justice system and proper legal protection, is required. As a result, the legitimacy to access the legal system resides in the Constitution, where the interpreter should seek its basic principles to achieve basic legal rights. It is observed that the lack of credibility regarding lower court decisions comes from the dogmatic view of truth born from power, and therefore, that the truth resides in decisions from appellate court and not from lower court judges. A lower court judge holds a privileged position in providing basic legal rights for citizens, considering his close contact to the parties, the facts, and the evidences brought forth. Class action suit is presented as an important instrument able to lead the lower court judge to provide basic legal rights. Small Claims Courts may be used as paradigm to the creation of Appellate State Courts formed by lower court judges, reserving to higher jurisdiction courts and Federal Circuit Courts, the decisions of original competency and the management and institutional representation of the judiciary system. Instilling an internal democratization of the judiciary is also required, which means the participation of lower court judges in electing their peers to chief positions in the court system, as well as establishing a limited mandate to higher court judges.

Apelação no código de processo civil: uma análise sob o prisma do princípio da efetividade

The present dissertation, elaborated is based on the deductive method, through the use of the General Theory of Resources concepts, by the main types of judgments existing in the Code of Civil Procedure, the interlocutory judgment and sentence, as well as the features and effects that challenge these decisions, we sought to identify on this theme one of the greatest evils facing the justice system in the world, which is the processing delays. This slowness in adjudication affects seriously the principle of effectiveness, one of the postulates of procedural law and society as a whole. Thus, the use of tort serves to fight the interlocutory decision and appeal which challenges the judge`s ruling. It is a resource for excellence in appellate system as it meets with the most awaited decision of the process. In weighing the importance of the appeal that seeks to oppose the court decision today by the numerous reforms that the procedural system has been through, it has ended up to transform the process ineffective or inconsistent, for it is much easier to have efficacy in a interlocutory decision for preliminary injunction than by judgment on the merits of the judge. This is due to the prevision of the resources and their effect to those decisions. That is, the interlocutory decision involves interlocutory appeal only in the devolved effect, allowing its provisional execution, and the sentence has as recourse to appeal the double effect, remanding and suspension, which necessarily prevents its provisional execution. But it undeniably shows a paradox, because as to give effect to a measure that is based on a mere probability by a summary cognition, partial and superficial, and stop it on a decision by a court that is closer to the truth and sure, for a full and depleting cognition? It is seriously affect the principle of effectiveness. Therefore, starting from this ineffectiveness, sought to defend the solution of this problem with the approval of the bill n. º 3.605/2004 or the new Code of Civil Procedure project that modifies the general rule the effects of appeal. That is, remanding and suspensive, as to merely remanding effect to and thereby enable the provisional execution of the judgment of the court of the first degree of jurisdiction, giving effectiveness and enhancing the decision of the magistrate, making a fair distribution of time in the process and better guaranteed principle of access to justice

Mens sana in corpore sano: compreensões de corpo, saúde e educação

This thesis proposes that the idea expressed in Juvenal s quotation Mens Sana in Corpore Sano, produced in the Ancient Greek-Roman civilization includes undestandings of body, heath and education that were reapropriated and reorganized by scientific and pedagogical theories in the XIX and XX centuries. These theories, especially the ones that received contributions from the biomedical sciences, have influenced Physical Education in the search of becoming a science. In order to realize this reapropriation, we have analyzed the transformations in the concepts of body, health and education produced in the area discourse, aiming at pointing out elements to the configuration of a theory that is being called Corpore Sano. The theory constitutes in possible systematization of scientific, philosophical and pedagogical concepts, and as such, an understanding of the scientific fundaments of Physical Education. The corpus of this analysis was composed by 148 articles that were published in Revista Brasileira de Ciências do Esporte digitalized in the period between 1979 and 2003 and selected according to theme: body, biology, physical activity, effort physiology and health. The analysis of the content and the referential interpretation allowed the combination of philosophical reflection with attention to the empiric field as a comprehensive dimension. Based on the corpus of the analysis it is possible to configure meta-arguments about the concepts of body, health and education in the scientific production of Physical Education. As a metaresearch. Our study did not intend to judge the analyzed production, but look for theoretical elements that may generate a reflection about the scientific rationality in Physical Education and developments in the pedagogical field and in body practices. Such a reflection might be recognized as a theory of the living body, susceptible to modifications and interrogations that are proper of knowledge and practices of Physical Education. It is a theory rejects the idea of the complete truth and holds the comprehension that the truth is built historically through relations among different kinds of knowledge and Physical Education practices

O cuidado e a ética do cuidado: um diálogo entre Leonardo Boff, Carol Gilligam e Nel Noddings

To elucidate the important contribution of care ethics in improving human relations and social intimates, this work reveals the fragility and lack of ethics on the formation of a just society, equal, peaceful and caring. To this end, we study on the moral development of men and women, warning of the natural differences between the sexes, which change for both the way of seeing life and live it - which does not imply inferiority to some genres. From this study it is clear that the natural care is innate to humans, it provides a tendency to act for the good of all life forms and nature as a whole. But it is evident here a greater sensitivity of women to such care because they possess perception and more emotion than men, which make them more participatory and involved in relationships. This greater openness to care found in women, due in part to the strong and lasting relationship with their mothers. Thus is revealed the power that women have to positively change the direction of human relationships, providing careful with your example, protective and caring, the awakening of a new and comprehensive ethics - opens to the truth, and features especially for affections. Therefore, the care ethics arises from the life experiences of women and aims, through them, to join the men's morality in order to bring out the relevant fact of interdependence between human beings, of human fragility and the need for relationships to the fullness of life

A crítica hegeliana do entendimento e a perspectiva da razão

The aim of this work is to present the critic of Hegel to the form of thinking of the Understanding (Verstand) and the perspective of a new concept of Reason (Vernunft) or rationality that then appears, and this tends as base the three moments of the logical process (the moment of the Understanding, Dialectical and the Speculative) presented by Hegel in the Encyclopedia of the Philosophical Sciences. It will be shown that this critic is done immanent to the own philosophy of Hegel, because the Understanding is so much the object of the critic, as one of the moments that constitute the own process logical-dialectic (method dialectic) that defines the rationality hegelian. Starting from that insert of the Understanding in the own Reason, we will see that the critic of Hegel won't just feel in a destructive way, in a such way that the Understanding totally goes denied, but before it will elevate this same Understanding at the level of the Reason speculative, removing like this your assumed place of absolute university of the truth and pointing it in your true place.

O Mitsein e as perspectivas decisórias da autenticidade segundo a analítica existencial: ponderações ontológicas para além dos limites éticos e políticos do ser-com

The present work focuses in the question of being-wit-others (Mitsein) on Martin Heidegger s philosophy. To do so, it takes base on his pivotal scripts, such as Being and Time and Na Introduction to Philosophy, in which this theme is scrutinized. The development line adopted in this work consists in advancing the existential connection between the being-with-others question attained to Dasein s ontological relation in its terms of authenticity and inauthenticity. So on, it is necessary to comment é others philosophical elements that surround this alterity relationship, analyzing phenomenologically how being-in-the-world inflicts the Dasein in its deepest and more important choice aspects, which can direct Dasein to its authenticity or inauthenticity. Facing this decisory context, also shall be observed the way Dasein finds to share the truth in accordance with its interaction with others, and how this mode of being summarizes all ontological structure of man s comprehension. The truth works as an integrative element from which the Dasein cannot escape, being-with-others is an existential situation that Dasein is not able to stop itself from living (its life-in-progress). This work also contemplates the apparent contradiction of Dasein s been always unfolded in The They mode of being, in its everydayness and being like that interacting with others. As along as this question is developed, the work explains how it is possible to be authentic and resolute (as much as inauthentic) as the Dasein interscts with others, even though, there is no pre-defined rule for these ways of relationship between the Dasein and the others

Agostinho e o ceticismo: um estudo da crítica agostiniana ao ceticismo em Contra Acadêmicos

The assent of the Truth: here's a formula that seems to have puzzled philosophers since antiquity. The possibility of apprehending truth was defended by some philosophers who have been called dogmatic, due to their haste to judge appearances as representations of reality, and refuted by those who chose to continue questioning rather than engage with his predicament. These thinkers were called skeptics. Among those who defended the consent of the truth, is highlighted by St. Augustine in this research, which aims to combat the widespread skepticism in the ancient doctrine of the Academy of Plato in his work Against Academicos. Thus, to conduct this research we ask: What are the main arguments made by St. Augustine against the scholarly skepticism? In order to address the problem identified, we propose to investigate the critical skepticism of St. Augustine, identifying and analyzing the main rebuttals he built. For this purpose, we conducted a survey of aspects of both the skepticism about the life and thought of St. Augustine about this doctrine

Stabilizing controller design for uncertain nonlinear systems using fuzzy models

A Lyapunov-based stabilizing control design method for uncertain nonlinear dynamical systems using fuzzy models is proposed. The controller is constructed using a design model of the dynamical process to be controlled. The design model is obtained from the truth model using a fuzzy modeling approach. The truth model represents a detailed description of the process dynamics. The truth model is used in a simulation experiment to evaluate the performance of the controller design. A method for generating local models that constitute the design model is proposed. Sufficient conditions for stability and stabilizability of fuzzy models using fuzzy state-feedback controllers are given. The results obtained are illustrated with a numerical example involving a four-dimensional nonlinear model of a stick balancer.

O uno e o ser no pensamento de Meister Eckhart

O problema de fundo da especulação eckhartiana é a verdade do ser uno enquanto Deus e divino ligada à questão do seu conhecimento. Operando uma síntese da tradição neoplatônico-agostiniana e do pensamento do Pseudo-Dionísio Areopagita, o mestre dominicano funda os alicerces da sua teologia unitiva na teoria do ser.

Na origem está o signo

A lógica como semiótica implica, do ponto de vista de Peirce, uma estrutura triádica onde a bipolaridade constituída pelo par sujeito-objeto é superada. Tanto o nominalismo quanto o individualismo são ultrapassados. O signo é mais amplo do que o símbolo e supõe a potencialidade e a atualidade. Duas classes de objetos e duas séries de interpretantes, cada uma destas últimas admitindo três espécies, dão lugar a uma lógica da conduta científica que faz apelo a uma comunidade futura cuja crença corresponde à Verdade, e a uma dimensão cosmológica do pensamento que fundamenta a derradeira objetividade do conhecimento e da volição.

A necessidade do acaso: um convite ao diálogo filosófico

Um posicionamento filosófico realista que não coloque em dúvida a inteligibilidade do universo ao qual investiga e não se pretenda detentor de qualquer privilégio para alcançar a verdade admite a falibilidade de qualquer representação da realidade, não vendo motivo para fugir ao diálogo com aqueles que propõem explicações diferentes das suas, mesmo que por vezes com elas conflitantes.

A produção de conhecimento e verdade no contemporâneo

O presente artigo procura refletir sobre a produção de conhecimento e verdade no contemporâneo articuladas com o conceito de biopoder e a imersão do sujeito na construção desse conhecimento. Mediante tais reflexões, chega-se à conclusão que as ciências humanas precisam rever o lugar cômodo do cientificismo acadêmico para repensar e relativizar a verdade visando a transformação das práticas sociais objetivantes e historicamente construídas para uma outra forma de conhecimento capaz de questionar as instâncias instituídas nos campos do saber e do poder a fim de propor novos paradigmas científicos e uma subjetividade mais autêntica e com novas significações

A demarcação platônica de novas fronteiras epistêmicas para o discurso filosófico: um estudo sobre o sofista

No Sofista, mediante os circuitos do procedimento ontológico-binário das divisões dialéticas, Platão busca não somente chegar à verdade das coisas em si, mas, também, a sua correta expressão. A superação das aporias relativas à natureza da linguagem por um tratamento metódico rigoroso, que minimiza suas limitações e inadvertências e a instala numa dimensão transcendente, entre os gêneros do Ser, assegura-lhe o estatuto de discurso filosófico, capaz de dizer aquilo que é como ele é.

A máscara chinesa: Notas sobre uso das fontes produzidas pelo aparato repressivo da ditadura militar

The methodological aspects which the historians face when using documents produced by the Brazilian military dictatorship on the leftist movements which intended to trigger the revolutionary struggle are analyzed. Whereas the strategy of the repressive regime in producing and establishing the 'truth' is enhanced, the resistance strategies of the political forces targeted by the repressive apparatus are investigated. The documents on the political organization called Marxist-Leninist Popular Movement have been employed.