A Avenida Paulista como pólo de expressões públicas e coletivas na cidade de São Paulo

O presente relatório discute uma das significativas dimensões da avenida Paulista na cidade de São Paulo: sua crescente ocupação para manifestações políticas, articuladas principalmente por categorias profissionais como bancários, funcionários públicos, professores e metalúrgicos, além de outras mais abrangentes como os protestos pelo impeachment, liderados por setores estudantis. O principal objetivo é analisar a visibilidade privilegiada adquirida por essas manifestações, e por conseguinte a importância desse espaço em sua dimensão pública na metrópole.

Federalismo fiscal: uma análise das relações intergovernamentais quanto ao atendimento das demandas sociais - o caso brasileiro

Este trabalho tem por objetivo analisar as relações entre as esferas de governo no Brasil, quanto ao provimento das demandas sociais. O foco do estudo reside nas relações que resultam em externalidades negativas, significando perdas para o bem-estar coletivo, que vai de encontro às pretensões da nova Carta Constitucional, promulgada em 1988. O exame das relações intergovernamentais é realizado sob a perspectiva de internalização das instituições ao modelo de análise, promovendo uma maior compreensão quanto aos comportamentos adotados pelas unidades federativas e, por conseguinte, seus resultados nos cenários político, econômico e social, em função do jogo federativo que se faz presente.

Vida e morte no direito brasileiro : uma reflexão sobre a relação entre dogmática jurídica e estrutura dos tribunais a partir da decisão da ADPF n. 54

This paper analyzes the Brazilian Supreme Court (STF) Decision (ADPF n. 54) in which the court, by majority of votes, stated that the termination of the pregnancy of an anencephalic fetus does not constitute a crime of abortion. The paper analyzes the arguments used by the judges in their opinions to show that they agree on the conclusion, but strongly disagree on their reasons, with the result that the court remains deeply divided on the legal concept of life. The paper then points to the fact that the possibility of different majority positions regarding the decision and the arguments that justify it is not accidental, but the result of the court’s structure, which does not guarantee the collective rationality of the court’s decisions.

"João Ferrador na República de São Bernardo" : o impacto do "novo" movimento sindical do ABC paulista no processo de transição democrática (1977-1980)

Nesta dissertação, analisa-se o impacto do surgimento do “novo” sindicalismo no ABC Paulista através da ação do Sindicato dos Metalúrgicos de São Bernardo do Campo e Diadema no processo de abertura política. A ação desse importante ator coletivo naquela conjuntura resultou numa gama de novos repertórios de ação coletiva, bem como no reaparecimento da questão operária, após quase uma década de desaparecimento público. Esse novo ímpeto para a ação, produzido na relação conflitiva com os empresários e após com o Estado, serviu não só para produzir uma identidade política para os metalúrgicos do ABC paulista, com também uma agenda de demandas que se ampliava a cada embate e, sobretudo, um tensionamento sobre a esfera política, fazendo avançar o conteúdo nitidamente conservador assumido pela abertura “pelo alto”. A análise se concentrou no período que vai do ano de 1977 ao ano de 1980, avançando, portanto, sobre a data de fundação do Partido dos Trabalhadores, que serviria de referência para a entrada do movimento num campo marcadamente político-partidário. A análise do tema, através do uso de diversos materiais, dentre os quais entrevistas inéditas com sindicalistas que vivenciaram os acontecimentos, além de farta documentação da imprensa sindical do período, possibilitou situar a dimensão alcançada pela luta sindical naquela conjuntura e a forma como repercutiu na política nacional.

A efetividade das decisões da corte interamericana de direitos humanos em relação ao direito à propriedade coletiva de comunidades indígenas e tribais

O presente trabalho analisará o cumprimento das decisões da Corte Interamericana de Direitos Humanos sobre o direito à propriedade coletiva de comunidades indígenas e tribais. Para isto será caracterizado em primeiro lugar o direito à propriedade coletiva no Sistema Intermaericano de Direitos Humanos. Em seguida serão analisadas as sentenças, abordado os fatos de cada caso e as medidas determinadas pela Corte. Os relatórios de monitoramento do cumprimento das decisões serão analisados, determinando quais medidas estabelecidas pela Corte foram cumpridas para que seja discutida a eficácia das decisões da Corte Interamericana de Direitos Humanos sobre este direito.

São públicas as contratações do estado brasileiro? - uma experiência de contratações públicas junto à comunidade Coqueiral em Aracaju/SE.

State intervention generally demands the purchase or rental of goods and services, and such acquisitions are subject to a number of indispensable legal frameworks. In the Brazilian State, Law 8.666 of 21 June 1993 and further norms regulate the necessity of a formal process, usually licitation. Given the importance of this subject to public and private spheres, one of the prerequisites of these formal contracting rules is the openness of public acts, and society s knowledge and accompaniment. The objective of this study is to investigate society s participation in public contracting, with the aim of debating theories surrounding the state/society relationship proposed by public political thought and authors in relation to legal aspects involving licitations. The principal question of this research is: despite the possibility of society s participation being predicted in the legal frameworks which orientate licitations, why is this social control not carried out? Why does it only occupy a secondary position to both individual and collective agents? In order to test some of this study s hypotheses, field research was carried out in the Coqueiral community in Aracaju, Sergipe, in relation to public acquisitions of goods and services during the period of May to September 2009. Research involved observation visits and guided interviews with the relevant community and public sector representatives. This project s hypotheses were confirmed, as this social control is not apparent, even in areas where popular participation is a strong component in asserting ones local rights, like in the Coqueiral community.

Testemunhos de um tempo vivido : fragmentos e contextos de uma narrativa de Janduís-RN

Shows up the memory of the elderly, as a consistent experience in the in the construction of the social memory of Janduís, Rio Grande do Norte, where the research takes place. Through an autobiographic narrative, in a qualitative approaching, the intent is to stand up aspects about the individual history and collective memories, starting in a simple question: what did they remember? A question that turns into many others, as how the remember and under which circumstances. So, the lived and remembered moments are the subject of this paper, as these testimonials shows and reveals the citizens typical aspects, intending to telling (again) the city s history by the memories of this people. By oral statements and the analysis that followed, subjective aspects that made a social memory, highlight in violent episodes, that, now remembered, occurred in the historical sediment, which connects several social times, establishing a narrative standard. In Janduís, this standard is about the memory that sticks out their individual ways, and the collective life, in the past, standing out the fair and the events that occurred on it, as the most remembered place, where the memories go stronger. When they narrate are incorporated others facts, the story is reinvented, connecting the past to the future. The paper also revels builders subjects aspects of a social memory, as historical sediment that joins the social times. At the present moment, the fair, to them, is a place that doesn t exist anymore; for the city, is a place of enlargement of women s presence at the trending spaces, which means a place of social transformation. That being said, the fair, in both times, present and past, turns into a analysis object, with important elements to reference narrative s time and place. And how the narrative update the past recorded in the old citizen s memory. What was intended to do was articulate the memory and the history form temporal and special etching that define the place and the narrative context: the lived and the remembered at the group s day by day. In that way, were identify the collective memory s common elements, enunciating the memory and the narratives that update that history, influencing and being influenced, forming in memories in a collective phenomenon fueling the local imaginary

Organizações comunitárias e movimentos sociais : conflitos e tensões nos espaços de participação do município de Natal

This study reflects on the conflicts that exist between the different forms of participation and the political representation manifested by community organizations and social movements in the city of Natal/RN. The objective is to better understand the process of political participation of the popular classes and how the different actors have represented collective demands in the struggle for rights. To this end, we mapped the organizations, social movements and participation spaces, through a type of participant research, in which we had the opportunity to experience and study different forms of collective action and events instigated by the community organizations and the Movement for the Struggle in the Neighborhoods, Villages and Slums (Movimento de Luta nos Bairros, Vilas e Favelas) MLB. From the theoretical contributions of authors such as Maria da Glória Gohn, Marco Aurélio Nogueira, Virginia Fontes, Vera da Silva Telles, Roberto Da Matta and Carlos Montaño, as well as the empirical data collected, the study revealed that on representing their segments and occupying different spaces of participation, some actors have formed partnerships with the State, putting collective demands on a second plane. Contrarily, other actors have articulated their struggle around collective demands and manifested through direct action, mobilizing and asserting themselves in defense of a project for society

"Antes que eu esqueça : trajetórias, laços e memórias produzidas por sujeitos da terceira idade na interação em territórios de sociabilidades

Currently the number of elderly in the world and Brazil is growing increasingly. However, old age is still presented as a complex issue that needs more depth. It is extremely important that society should create a discourse committed to reviewing negative stereotypes of old age as well as studies that allow the construction of new looks inclusive , as well as the creation of public policies that favor the elderly category, such as the National Policy and Elderly Statute established recently. The aim of this study is to analyze the spaces of sociability for the elderly Mossley and understand how the collective experiences in these environments influence the quality of life and influence in their depictions of the elderly subjects. To collect data observations were made, semi-structured interviews and wheels conversations with men and women aged 65 to 80 years old, retired, mostly widows, neighborhood residents Abolition in Mossley, participants (CCI) Coexistence Center Seniors Jose Sarney and (CRAS) Reference Center and Welfare. Thus, the spaces facing the elderly are presented as a good alternative for the rehabilitation, the fun and preserve their memories, while the agents posing as productive, active, and transformers of their reality

Teodora e Porcina: faces simbólicas da natureza em narrativas de mulheres sábias

This research looks at the collective imagination in which it keeps alive the issue of heroin wise. Two wise women appear in the narratives of popular history and the History of Donzela Theodora and History Imperatriz Porcina, collated by Luís da Câmara Cascudo in his Five Books of the People. The universality, mobility and circularity of these narratives are discussed by authors such as Bakhtin and Guinzburg. The research is developed from three key categories: Knowledge Magic as the knowledge of tradition (Almeida), sensitive knowledge (Levi-Strauss), thought mythical / magical / symbolic (Morin); Wise Women as carriers of this knowledge, which merge and overlap with the imagery of witches and healers; and Mythical Elements which corresponds to the archetypal images (Jung and Silveira), symbols and other images that relate to the magic universe, the magical beliefs and practices considered, ie belonging to the imaginary magic (Bethencourt). Porcina and Theodora are understood as bearers of knowledge of Métis (Detienne and Vernant), or the cunning intelligence, the manipulation of phármakon (Derrida), the healing potion, which may be the word or ointment of the herb. The route takes us to meet the great archetype of the Wise Woman as psychic power of the feminine, the anima. Narratives are medicinal balms (Estes) and is the clash between the anima and its embodiments by wise women, and animus, his opponents, which gives the transmutation of the psyche, a work comparable to that of alchemyThe Knowledge Magic, operating through the female, myth and nature can recover from its essential value to the emerging paradigm that suggests a more complete human science and a more plural

Os processos comunicacionais na festa de São Sebastião Bairro do Alecrim Natal/RN

Parties are one of the most communicative languages, full of contents and symbolic meanings. The devotion to the saints is a kind of communication. In this thesis communicational processes, its languages and its flows are sought at the Saint Sebastian s party, at Alecrim neighborhood, in Natal/RN. The view is focused on the individuals and collective behaviors, in a dynamic which involves the saint s interlocutors at the party space, which supports the pre-novena, the novena and the procession. It tries to show through observation, ethnography and interviews the elements that composes the symbolic language present on the gestures, on the performances and bodies movements, on the clothing colors, as well as on what is said orally or in silence, on the spontaneous prayers or pre-elaborated ones, on the written messages that the devout addresses to the saint at the patron s festivity

Do controle de constitucionalidade dos atos jurisdicionais transitados em julgado

The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule

A ação civil pública como meio de concretização do direito à saúde na Constituição de 1988

The work presented here is about aspects of the constitutional extension in which is the public civil action with the objective of verifying its aptitute in tutelaging subjective situations derived from fundamental rights, especially right to health assistance. Thus, it offers a clear analysis of the practical functioning of most aspects of the public civil action (lawsuit), with philosophical foundation and necessary doctrinaire to your comphehension. How it once was (history), how it could be (reform suggestion), how it is (current interpretation of the law) and how it should be (critic analysis of the microsystem of collective tutelaging of rights, its perspectives, as well as the efficacy of the public cilvil action about accomplishment of the right to health as supraindividual right). The objective is to analyse the main version of the theme (for instance: the impacts caused to the dissociation of the Procurations theory), so that it can be extracted the philosophy and the general theory, of the public civil action and collective tutelaging in general, pragmatically applicable to study purposes. With this theorical fountain, the reader will be in a more solid position, not only being able to understand the subtilities of the public civil action, but mainly being able to recognize its faults and present solid reform proposals and improvement. It is know that the Juridical Power (Procuration) does not allow any more inactivity about negating accession to health in its collective dimension (lato sensu: spread, collective stricto sensu and homogeneous individuals), being imputed to it novel usage that consolidates in the assumption of the role instrument set aside to be used by all with organized instancy of solution to collective conflicts in large sense. This happens, overall, because of the current justice politization, understood as juridical activism, connected to the struggle between the groups defending their interests and the acceptance of the constitution about solidifying the public politics of quality health

O desenvolvimento profissional docente e a participação colegiado no Atheneu Norte-Riograndense

To investigate the relationship that exists among the educational participation of the school board and the teacher's professional development, starting from the analysis teachers of a public institution who teaches daily in the city of Natal. We focused the possible relationships between the teacher's action and their professional development, which includes the participation of the School board, considered by us as a collective space. To accomplish this research we used Interviews (KAUFMANN, 1996; SILVA, 2002) to analyze the nine participants, who are teachers' of the school board, and their oral speeches, considered as main references of our study. While trying to understand the reasons that led the teachers to choose her/his educational profession, we noticed the difficulty of recognition of the job of lecturing as a profession. This fact comes as an obstacle to the perspective of the teachers' professional development. In what he/she refers to the forms of the teachers' participation in the board and their meanings, we noticed in first place that the feeling of it belongs one of the decisive factors it can be considered actively for the teacher to announce of the actions colegiadas. This for them to want and they believe that that is the best road for if they develop better while professionals and consequently to improve the situation of the school. In second place we noticed that the school board represents, a place of articulation of the equality among all the ones that form the school community. So, we tried to understand how they happened to the collective actions in the school, how the teachers presented them in spite of what they know, how a collective action should be presented in the elements of fragility of that process that inhibit the development of the overall action. Finally, we questioned the elements that would contribute to the educational professional development; we noticed that the teachers present the competence, the ethics and professional valorization, as factors that contributed at the present time to their educational professional development