O princípio constitucional da livre concorrência como instrumento de desenvolvimento socioeconômico

The freedom of concurrence, firstly conceived as a simple market fundament in productive systems that recognized the productive forces freedom of action, appears as a clear instrument of protection and fomentation of the market, recognizing the importance of the simultaneous existence of various economic forces such the proper capitalism reason of constitution. It has, thus, a directly role linked to the fundamental idea that the market and its productive forces needed of a protection against itself, because it exists inside the market situations and circumstances, provoked or not, that could prejudice and even annihilate the its existence and functioning, whilst a complex role of productive forces presents at all economic creation space. It was the primacy of the classic liberalism, the first phase of the capitalism. The Constitutions, in that historic moment, did not proclaim any interference at the economic scenario, simply because it recognized the existence of an economic freedom prepared to justify and guarantee the market forces, with its own rules. Based on the structural changes that occurred at the following historic moments, inside the constitutionally recognized capitalism, it was verified changes in the ambit of treatment of the freedom of concurrence principle that, in a progressive way, passes to present a configuration more concerned with socialist and developing ideas, as long as not only a market guarantee. It emerges a freedom of concurrence which aim is instrumental, in relation to its objectives and constitutional direction as a role, and not anymore stagnant and with isolated treatment, in special at the constitutional systems the present s clear aspects of social interventions and guarantor of fundamental rights more extensive and harmonious. That change is located at a space of state actuation much more ample and juridical important, this time comprehending the necessity of managing the productive scenario aiming to reach a national social and economic development effectively guarantor of fundamental rights for all citizens. Those Constitutions take as point of starting that the social and economic development, and not only anymore the economic growth, is the effective way for concretization of these rights. In that way it needs to be observed and crystallized by political and juridical tools that respect the ideological fundamental spirit of the Constitutional Charters. In that scenario that seeks for solutions of rights accomplishment, in special the social rights, the constitutional principle of freedom of concurrence has been seen as an instrument for reaching bigger values and directives, such as the social justice, which only can be real at a State that can implement a comprehensive and permanent social and economic development. The freedom of concurrence tries to valorize and defend something larger and consonant to the political values expressed in the Constitutional Charters with social character, which is the right to a social and economical sustainable development, guarantor of more clear and compromised collective benefits with social justice. The origin of that constitutional imposition is not only supported by vague orientations of the economic space, but as integrated to it, with basis formed of normative and principles posted and prepared to produce effects at the proper reason of the Constitution

O princípio constitucional da redução das desigualdades regionais e o transporte de gás natural

In a country of continental dimensions as Brazil, one of the top challenges to its economic growth is the logistic related to energetical demand supply. We live now in the era of environmental protection and, in this new context of priorizations, it passes trough the search for alternative energies for the energetic matrix, due the petroleum elevated costs in the global market (and its finitude), but also due its pollution over the environment. This attempt of substitution needs solutions related to the national reality, into a national long term developing plan and based at a juridical-economic analysis of its realization. This study will look for, also based in an economical analysis, the juridical legitimity of choosing natural gas as the new protagonist of national economic growth (as a substitute of petroleum) and the necessary boost that must be done by law, based on an economic policy focused strictly for that fact, as a modifying agent of this reality. This study, therefore, will always be turned to a constitutional aspect, respecting the principles of economic order and the goal of reducing regional inequalities, which must influence the making off of a developing plan. At the end, it will try to demonstrate the juridical viability of such undertaking, tuned in jus-economical criteria. Another goal is related to the analysis of the natural gas industry, due the regulation of its transport has a major importance for national energetic integration, not only because this activity be characterized as a net industry, still under control of a natural monopoly, but also because the competitive or cooperative profile that should be priorized at the beginning of the economic planning for this activity (such as investment policies and its own rules that will submit private agents)

O desenvolvimento sustentável na ordem constitucional e sua promoção através do planejamento urbano

The man, being subject and object of their changes, has passed by many process to find a better life way. Since your existence, he finds to live in groups for make easy your life and make concrete yours desires. All by history, when the individual´s rights was establishment, collectives and lonely way, contribute for evaluate the relationship between individuals and they own, and them and state, which has a duty to those, positive or negative, depending on the case. The circle of fundamentals rights has been sustainable development and the concept of growth economy associated to the environment protection. This association reflect a apparent conflict between values very distinct, but the constitutional interpretation can be reunite both of them and make it live in harmony; values of environmental order and economical order can be exist together, as long as the state contribute to this. On the city, where the most of relationships happening, the urban plan appear how a effective way of sustainable development, finding the harmony between the growth economy and environment protection. To effective the socials functions of the city (inhabit, circulate, work and entertainment) and the citizen´s life quality, the city is the scenery that show how the urban plan, across established previously legal instruments, like the governmental public politics, to effective the right to development, right of third generation. The director plan how effective tool for local needs - obligation defined by Citizen Statute that contribute for the program linked defined by the urban plan. The state´s intervention on the private sector of citizen, and the restriction on their rights are be justified by the collective´s rights and their quality of life. So, in front the urban scenery has been the plan to make social functions of city, the healthy way of life, which is the sustainable development

O dumping ambiental no setor sucroalcooleiro à luz do princípio da livre concorrência

The goal of this study is to investigate about the existence or absence of environmental dumping in the production of fuel ethanol in Brazil, as well as identifying the reasons why the figure of ecological dumping is pernicious to the principles enumerated in constitutional economic order, in particular the principle of free competition. In the twenty-first century environmental issues gained momentum and importance in these terms, which was seen as a mere fallacy given the concern of governments of various countries, after all, environmental protection shows up as the only means of bringing about the maintenance of life at planet. Indeed, it is essential to halt the drastic effects of climate change, and think fast and efficient solutions. Undoubtedly, the contemporary requirements that resulted in the transition to a new economy brings with it the duty of enterprise search for sustainability, and this behavior can not be passive, otherwise it is imperative to work hard and incessant economic agents, even if initially costs are high, this step will ensure a production accountable, transparent and free from accusations of environmental degradation. It is also intended to study the importance of the sector not only as a source of economic growth, but mainly, its contribution to national development, without forgetting that this is devoted in the Constitution of 1988 as one of the objectives of the Federative Republic of Brazil. In fact, the criticism most common perceptions about the production of biofuels, said the interests of the countries producing them in large scale, will eventually generate a exhaustion of soil and a significant increase in food prices. However, the ethanol produced in Brazil is unique in that it is produced from cane sugar, a product is not intended for human or animal, not to mention that the recovery of land just to the rotation with the planting other cultures. It is expected that environmental certifications are useful to demonstrate the quality of ethanol for export and to refute unfounded criticism. Finally, this study will be analyzed further solutions for the plants to develop an economic activity without damaging the environment and in compliance with Brazilian law

O Papel do Estado na promoção do Desenvolvimento Nacional: a utilização do instrumento do planejamento na expansão da oferta energética

The progress of a nation is closely linked to the energy supply that it has to develop its economic capabilities. The dependence of contemporary society for energy requires the continued expansion of the use of renewable energy, and implies coordinated action of the Democratic State in the delimitation of the best ways to make full use of energy. In periods of rapid development, countries need an increment of energy supplies superior to those of periods of regular economic growth. Energy demand generated by the condition of Brazil as an emerging country reveals the need for orderly expansion of energy supply. In reverse, lack of energy planning effectively paralyzes a country and generates incalculable losses in national socioeconomic development. The Brazilian Constitution abandoned the notion of development tied to the simple increase in the gross domestic product. The respect for the environment, sovereignty, national development, and especially the constant and growing supply of energy, promotes the advancement of national economic agents, and quenches the simple accounting increase in energy supply. Constitutional principles condition the rational use of energy potentials, in ensuring adequate supply of energy for the entire national territory. The Brazilian Ministry of Mines and Energy, through its agencies, government offices and companies, establishes and formulates policies and guidelines for energy in Brazil, playing an important role in national energy planning. National development is enhanced by the good performance of the state agencies responsible for planning the energy sector

A eficácia, no ordenamento jurídico brasileiro, da responsabilização penal da pessoa jurídica pela prática de crimes ambientais

The environment, which fundamental importance has already been recognized in all the world, is an actual national and international discussion subject, whose interest grows for the society, and consequently to the Law, in order to prevent the natural resources to the present and future generations. The 1988 Brazilian Constitution, recognizing the importance of the environment, treated about it in many of its parts, even dedicating a specific chapter (Chapter V About Environment, inserted in Title VIII About Social Order). The brazilian constitutional text established to everyone the fundamental right of enjoying an equilibrated environment, obligating the State and all society to defend and preserve the environment to the present and future generations. The economic growing process, that predominated and still persist in the big majority of the countries, where is practiced the capitalist system, has in the enterprises (legal persons) one of its main actors. Many times, these enterprises, especially in the actual globalized world in where we live, where the gain of money is priorized, ends, at the moment they act, making damages to the environment. These damages are, many times, considered by the law. crimes against the environment. The 1988 Brazilian Constitution, according to the Modern Criminal Law, realizing that many crimes were being committed by the enterprises, established in article 225, §3rd, the criminal responsibility of the legal persons. Almost ten years after the 1988 Brazilian Constitution, was published the Law number 9.605/98, in which third article established the penal responsibility of the legal persons that practice crimes against the environment, without excluding the individual responsibility

Educação tecnológica e pré-sal: necessidades e urgências

The purpose of this dissertation is whether the demand for manpower trained in technical school for the sector of Oil and Gas (O&G) is in balance with the offer of that training in the Brazilian education system. The methodology used to obtain such information was based on School Census 2000 and 2008 where data were worked out in order to clarify the numbers of enrollments in secondary technical level demanded by the sector of O&G. The demand for manpower with that qualification as a data source was the 2010-2014 Business Plan Program for Mobilization of the National Oil and Natural Gas (PROMINP). This Program identified the future demand for manpower for the Sector of the O&G until 2014 where the occupational categories are mapped prerequisite training and experience. In order to better understand the object of this study was dome a review of the literature with regard to technical education in Brazil but also the importance of the education to economic growth and the peculiarities of the oil economy in different countries possessors of those mines, or that is, developed and underdeveloped countries. Analysis showed that enrollment in technical education in Brazil had a significant increase between the dates 2000 and 2008. It also don´t bring balance with the characteristic of the dynamics of the productive sectors of the economy mainly due to heating of the economy before the global growth especially in the Construction Industry as well as in the Oil and Natural Gas Engineering and a Naval account of the discovery of oil in the Pre-Salt. Another important aspect is that one of the major problems of qualification of manpower in Brazil is due to a bad quality of the student´s school and high school which makes difficult a good performance in office work and also this ability to learn new functions. The rapprochement between the supply of the education system and the demand for manpower with training mid-level technical support for the sector O&G showed that most technical courses demanded or had no enrollment in 2008, had few enrollment in 15 states with demand expect to occur and those enrollment were unevenly distributed among states. The analysis therefore signalize the needed of a public policy that enables the adequacy of the education system (Secondary Technical Education) to Sector of O&G in terms of enrollment and its distribution between the oil producing states and in relation to technical expertise offered

Educação tecnológica e pré-sal: necessidades e urgências

O objetivo desta dissertação de mestrado é verificar se a demanda de mão-de-obra com formação no ensino médio técnico para o setor de Petróleo e Gás (P&G) está em consonância com a oferta daquela formação no sistema educacional brasileiro. A metodologia aplicada para obter tal informação foi baseada no Censo Escolar 2000 e 2008, em que os dados foram trabalhados de maneira a explicitar o número de matrículas nos cursos de nível médio técnico, demandados pelo setor de P&G. A demanda de mão-de-obra com aquela qualificação teve como fonte de dados o Plano de Negócios 2010-2014 do Programa de Mobilização da Indústria Nacional de Petróleo e Gás Natural (PROMINP). Este Programa identificou a demanda futura de mão-de-obra para o setor de P&G até 2014, onde as categorias ocupacionais mapeadas possuem pré-requisitos de formação e experiência. Com o intuito de entender melhor o objeto deste estudo foi feita uma revisão de literatura no que diz respeito ao ensino técnico no Brasil, como também a importância da educação para o crescimento econômico e as peculiaridades da economia do petróleo nos diferentes países possuidores daquelas jazidas, ou seja, países subdesenvolvidos e desenvolvidos. As análises demonstraram que as matrículas no ensino técnico no Brasil apresentaram um significativo aumento entre as datas de 2000 a 2008. Traz também como característica a desarmonia com a dinâmica dos setores produtivos da economia, devido principalmente ao aquecimento da economia antes da crise mundial de 2008, e a retomada recente do crescimento notadamente no Setor de Construção Civil, bem como no setor de Petróleo e Gás Natural e Engenharia Naval por conta da descoberta de petróleo na camada Pré-sal. Outro aspecto relevante é que um dos grandes problemas da qualificação de mão-de-obra no Brasil se deve a má qualidade do ensino fundamental e médio, que dificulta para o futuro profissional um bom desempenho nas suas funções laborais e na capacidade de aprender novas funções. A aproximação entre a oferta no sistema educacional e a demanda de mão-de-obra com a formação de nível médio técnico para o setor de P&G, demonstraram que a maioria dos cursos técnicos demandados não apresentava matrículas em 2008, ou possuíam poucas matrículas nos 15 estados com demanda prevista, e aquelas matrículas estavam mal distribuídas entre os estados. A análise aponta para a necessidade de uma política pública que possibilite a adequação do sistema educacional (Ensino Médio Técnico) ao setor de P&G, tanto no que se refere ao número de matrículas e a sua distribuição entre os estados produtores de petróleo quanto no que se refere à especialidade técnica oferecida

Economia do petróleo e desenvolvimento: estudo exploratório sobre as perspectivas do pré-sal brasileiro

A pesquisa analisa as possibilidades abertas pela exploração de petróleo na camada pré-sal, avaliando de que maneira a expansão do setor petrolífero poderá acelerar o crescimento econômico brasileiro e contribuir para novas estratégias de desenvolvimento. A hipótese inicial é que o Brasil enfrenta uma restrição estrutural de balanço de pagamentos, que poderá ser amenizada pela diminuição das importações de petróleo e derivados e pelo aumento do valor exportado no setor. Para avaliá-la são resgatados aspectos históricos e geopolíticos relacionados ao petróleo, assim como são tratadas as características microeconômicas dos recursos naturais não renováveis. Também se consideram questões de ordem macroeconômica, como a especialização produtiva da economia brasileira e sua inserção no comércio internacional, discutindo como o desenvolvimento da indústria petrolífera poderá afetá-las. Para tanto, a investigação fundamenta-se na teoria estruturalista e nos modelos de crescimento com ênfase na restrição externa. O trabalho examina ainda os casos da Rússia, Venezuela e México para avaliar a experiência de países exportadores de petróleo. Como contribuição, um modelo de crescimento é utilizado para realizar simulações acerca do Brasil, cobrindo o período 2013-2020 com a formulação de três cenários. A partir dos resultados discute-se que a necessidade de consecução das metas fiscal e de inflação pode desencadear políticas restritivas que limitam a utilização da folga fiscal e externa, oriundas do pré-sal, para induzir o crescimento. Conclui-se que um círculo virtuoso de desenvolvimento com mudança estrutural depende não apenas da modernização produtiva, mas também, e principalmente, da evolução político-institucional do país

Natal como destino turístico : um estudo das imagens (re)veladas pela mídia, pelos turistas e suas implicações educacionais e culturais

This thesis is a result of a research on Natal/RN as a tourist destination. We understand that cities are chosen as tourist destinations beyond its cartographic localization, from other dimensions of meanings that, in its set, constitute images. These images are, probably, very different of the images constructed by native and resident populations, who possess relations of identity with the place. The knowledge of the meanings that others attribute to this city as tourist destination, bring us near to the symbolic bonds established by individuals or social groups on the act of their choices, as well as bring us near to the interaction process city-tourists where the expectations are confirmed or not. The images divulgated by the media also participate of the complex formation of the tourist image that is being constructed and available for the different public, in different social contexts. The tourism constitutes a symbolic asset of the modern society, being considered by the studious, as one of the most expressive phenomena of the modernity, for involving each year displacement and the interaction of thousand of people of different cultures in the entire world. All this people s mobilization points to practical social related to personal motivations, to the entailed desired to the idea to travel and to exceed borders. It is already consensus that tourism is a phenomenon of economic growth, generating jobs, income, professional, qualification, bringing improvements for the host cities. Since 1995, in Brazil, the tourism as a sector of the economy, passed to be considered one of the national priorities, and in this perspective, the national politics of the tourism invested in infrastructure of Brazilian cities with high tourist potential, objecting to increase the flows of Brazilian and foreign tourists. Owing to this fact, the country still invests in programs of tourist marketing, mainly divulging the images of the natural beauties of Brazil abroad. And for Brazilians, the campaigns appeal to rescue the feeling to be Brazilian, associating the idea to travel and know its country. Natal city possesses an excellent positioning in the tourist marketing, being predominantly divulgated in national and international level, for its naturalistic singularity, where the images of its natural enchantments as warm water beaches, white dunes, warm weather, constant breeze and an always blue sky are shown as the favorite scene on this city. From what was viewed above that the choice of a tourist destination articulates from a determined imaginary of a place, already constructed or in process of construction, we consider the knowledge of this imaginary a basic learning for the population of the city and especially, for educators, in the formation of professionals in this area and for tourism managers, elaborators of public politics. Based on this estimative, we developed this research that had as a general objective to identify the images that illustrate Natal city as a tourist destination - our objective of study, particularly the meanings and senses attributed by the tourist marketing (hotel s folders) and by the tourists that visited the city during this study. The discussions and reflections that had guided this research had been given from the theoretical link between imaginary and social representation, also considering some interfaces between the fields of communication and symbol. From the studied authors, Baczko (1985) clarifies that the study of social imaginary is directed for the mechanisms and structures of the social life, especially for the intervention accomplishes and efficient of the representations and symbols in the practical collectives, as well as in its direction and orientation . Following this same thought, Moscovici (1978) says that the social representation are produced in communicational and symbolic contexts, and these representations once that already constituted circulate socially as almost tangible entities. Based on this fundament and on the analyze of Barthes (1990), particularly in the approach given to the reading of photographic image, we could observe on hotel s folders that each page evidences senses and meanings of functionality of internal and external spaces, pointing to the way of leisure offered by the keepers of city which is the hotels. About, the leisure that they offer, it is directed to young public, giving meaning to the young myth of personalized leisure tourism on children, young and adults images. The image about security that hotels offer and the singular image of Natal city as a paradise place, provide an idealization of pleasure through the sun, dunes, and beaches and also due to the hospitability of the natives who are assigned as educated . For the tourist that participated on this research, Natal city is tied only by the imaginary of leisure and nature which constitute the emotional link of the relation media-city-tourist. And with such force and fullness of directions the city discloses without tensions and contradictions as a place protected by a mythical and sacred aura. The study also demonstrates us that the potiguar culture remains (almost) forgotten, due to the silenced in this imaginary. In this perspective, we highlight that this culture silence is very close related to the disvalue of education in its general meaning. We defend that the imaginary apprehended constitutes a new reading and a new looking and understanding the tourist reality that comes historically consolidating in this city. In this direction, we glimpse that this study and its future dismemberments can collaborate with the process of rescue the cultural values of the potiguar people, in the way that the meaning of tourist may be redefined, and the tourist image of the city can be also disclosed for its identities particularities of its culture

Otimização do processo de flotação de emulsão óleo/água através do planejamento fatorial completo

In recent decades, the generation of solid and liquid waste has increased substantially due to increased industrial activity that is directly linked to economic growth. For that is the most efficient process, it is inevitable generation of such wastes. In the oil industry, a major waste generated in oil exploration is produced water, which due to its complex composition and the large amount generated, has become a challenge, given the restrictions imposed by environmental laws regarding their disposal, making if necessary create alternatives for reuse or treatment in order to reduce the content of contaminants and reduce the harmful effects to the environment. This water can be present in free form or emulsified with the oil, when in the form of an emulsion of oil-water type, it is necessary to use chemicals to promote the separation and flotation is the treatment method which has proved to be more efficient, for it can remove much of the emulsified oil when compared to other methods. In this context, the object of this work was to study the individual effects and interactions of some physicochemical parameters of operations, based on previous work to a flotation cell used in the separation of synthetic emulsion oil / water in order to optimize the efficiency of the separation process through of the 24 full factorial design with center point. The response variables to evaluate the separation efficiency was the percentage of color and turbidity removal. The independent variables were: concentration of de-emulsifying, oil content in water, salinity and pH, these being fixed, minimum and maximum limits. The analysis of variance for the equation of the empirical model, was statistically significant and useful for predictive purposes the separation efficiency of the floater with R2 > 90%. The results showed that the oil content in water and the interaction between the oil content in water and salinity, showed the highest values of the estimated effects among all the factors investigated, having great and positive influence on the separation efficiency. By analyzing the response surface was determined maximum removal efficiency above 90% for both measured for turbidity as a measure of color when in a saline medium (30 g/L), the high oil concentrations (306 ppm) using low concentrations of de-emulsifying (1,1 ppm) and at pH close to neutral

A imagem do Brasil na mídia impressa portuguesa: um estudo do caso diário de notícias e público

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Frente Popular, Modernização e Revolução Passiva no Chile

Discute-se, neste texto, o significado dos 14 anos de governos Radicais que se seguiram à vitória da Frente Popular em 1938. Neste período, o Chile conseguiu combinar crescimento econômico e democracia representativa, alcançando um grau nada desprezível de modernização. Ruptura e continuidade compõem o par indissolúvel do percurso modernizador vivido a partir da Frente Popular, quando se instituiu um novo nexo entre economia, política e relações sociais. O período é caracterizado como uma modalidade específica de revolução passiva, responsável pela atualização da ordem capitalista no país.

Viabilidade da cultura Cnidoscolus quercifolius POHL para produção de Biodiesel no semiárido nordestino

The northeastern semiarid is a region that presents a serious picture stagnation or slowness of the economic growth, beyond the presence of social pointers below of the averages national and regional. The half-dryness conditions become the improper region for many agricultural cultures, what it affects the local populations directly, as well as the economy that is based mainly on agriculture. Cnidoscolus quercifolius Pohl, popularly know as favelone is a native species of the semiarid region that withholds great potential for the development of the region in virtue of its multiple uses. Being an oleaginous, its production in familiar farmings makes with that biodiesel either for the misery an important alternative eradication for the possibility of occupation of enormous contingents of people. The present study it aims at to evaluate the germination of the faveleira without thorns under conditions of water and saline stresses, main stresses which the vegetal species of the semiarid one are submitted; beyond verifying the acceptance of the species for agriculturists of a cooperative in the city of Apodi/RN. The methodology used for germination corresponds to using treatments with polyethylene glycol and sodium chloride to assess water and salt stress respectively, being held in rolo. O system approach used for the verification of acceptance of faveleira was the use of interview with farmers cooperative in the study area determined. In this direction it was verified that the faveleira is a resistant species the conditions of drought and salinity of the ground, factor of great relevance, since one is about a species with high added value, making possible the development for the semiarid region. It was verified that the agriculturists are favorable the introduction of the faveleira and reveal receptive the idea to cultivate a species with potential for production of biodiesel

Quilombolas e desenvolvimento sustentável: análise a partir da comunidade Capoeira dos Negros (Macaíba/RN)

Quilombo communities remaining are groups marked by insufficient public assistance and characterized by living in rural and conducting economic activities such as agriculture. The development on a sustainable basis is important to ensure strategies for economic growth and environmental preservation. This work aims to study the remaining Quilombo Capoeira Black community, located in the municipality of Macaíba, Rio Grande do Norte, considering the principles of sustainable development. Attempt to respond to what level such community can be considered sustainable from an analysis of their social practices. The methodological procedures used consisted of a literature review and documentary, questionnaires, conducting semi-structured interviews and direct observation. The final results show that the family farm has characteristics that approximate the principles of sustainable development, including the diversification of labor, food production with less environmental damage and strengthening the rural environment, and indicate that the main economic activities practiced in Capoeira dos Negros community are agriculture, manufacturing of cassava flour and brick manufacturing, which, in turn, are linked to negative environmental impacts, such as sedimentation pond, groundwater contamination, air pollution and soil erosion. What lead to the conclusion that the social practices of the community are not in line with the dimensions of sustainable development. It is hoped that the survey results provide subsidies for development and implementation of public policies