A gestão democrática da escola: do legislado ao instituído. Um estudo de caso numa escola

RESUMO: O presente trabalho enfoca a gestão da escola, um assunto ainda pouco discutido na realidade educativa cabo-verdiana, mas necessário, principalmente a partir do momento que a legislação se propõe a democratização da gestão da escola. Partindo da importância atribuída pela Ministério de Educação à participação da família e dos demais segmentos da comunidade educativa, expressada e enfatizada no decreto-lei que regula a organização e o funcionamentos dos estabelecimentos do ensino secundário, conjugado com o referencial teórico que sustenta que não basta decretar para que a gestão da escola se torne democrática, questionamos em que medida a gestão democrática, entendida como espaço de partilha de poder e de negociação, vem sendo construída e/ou conquistada, nas escolas secundárias. Perante esta problemática, o presente trabalho tem como finalidade investigar em que medida a gestão democrática proposta no Decreto-Lei nº20/2002 de 19 de Agosto, vem sendo construída ou conquistada no ensino secundário. Encontramos em Barroso, Lima, Patermam, Bordenave, Romão e Gadotti, entre outros, a sustentação teórica para as análises realizadas. Desta forma, a presente investigação insere-se numa abordagem descritivo-analítica. Nessa perspectiva, e em função da metodologia utilizada, estabeleceu-se como campo de pesquisa uma escola secundária pública, onde foram auscultados, por meio de entrevista e questionário, membros do conselho directivo, membros da associação de estudantes, pessoal docente e pais ou encarregados de educação. A realização da pesquisa permitiu perceber que, no contexto analisado, o processo da implementação da gestão democrática carece ainda de um amadurecimento profundo, pois os actores educativos são capazes de verbalizar um discurso articulado sobre o tema, mas não chamam a si a responsabilidade de promover ou criar incentivos efectivos à participação de toda a comunidade educativa no processo decisório e na construção de um projecto educativo comum. ABSTRACT: This work focuses on the democratic self-management of the school, a subject not much discussed in the educational reality of Cabo Verde, although its relevance, especially since the time that the legislation proposes the democratization of the school management. The importance given by the Ministry of Education to the participation of the families and other segments of the educational community is expressed and emphasized in the ordinance that regulates the organization and operation of secondary schools. This fact in conjunction with the theoretical underpinning that it is not enough to enact in order that the school management become democratic, we question the extent in which democratic management, understood as a space of power sharing and negotiation, has been constructed and / or conquered, in secondary schools. Facing that problem, this study aims to investigate in which extent the school democratic management, as proposed by the Decree-Law No. 20/2002 of the 19th August, is being built or conquered in secondary education. The theoretical underpinning for the analysis performed is based in the works of Barroso, Lima, Patermam, Bordenave, Romão and Gadotti, among others. Thus, the present research has a descriptive and analytical approach. From this perspective, and according with the adopted methodology, it was chosen a public high school as the research field, where members of the Board, members of the students association, staff and parents were listened through interviews and surveys. The research allowed us to realize that, in the context examined, the implementation process of a democratic school management still needs to mature. In fact, the educational actors are already able to verbalize an articulate discourse on the subject, but they do not call themselves to take the responsibility of promoting or create incentives for the effective participation of the whole school community in the decision making process or in the building a common educational project.

Lessons from the Multilateral Trading System for Reforming the Architecture of the International Environmental Regime

Recent studies on environmental regimes suggest that important lessons and policy recommendations may be drawn from the functioning of the multilateral trading regime. This brief compares the needs and goals of the trade and environment regimes, and discusses how insights from over sixty years of experience of the multilateral trading system might provide ideas for redesigning the architecture of the international environmental regime. It further calls for a better dialogue and improved complementarities between the two fields in order to enhance coherence within international law.

Report from His Majesty's Commissioners on Criminal Law.

Third report has subtitle : Juvenile offenders. Papers by Command.

The Law chronicle and law students' magazine : new series.

Bound with v.2: The Modern law dictionary, From abandonment to decree. By the editions of the "Law chronicle." London, 1860.

Fiduciary Duty and the Atmospheric Trust

This book explores the application of concepts of fiduciary duty or public trust in responding to the policy and governance challenges posed by policy problems that extend over multiple terms of government or even, as in the case of climate change, human generations. The volume brings together a range of perspectives including leading international thinkers on questions of fiduciary duty and public trust, Australia's most prominent judicial advocate for the application of fiduciary duty, top law scholars from several major universities, expert commentary from an influential climate policy think-tank and the views of long-serving highly respected past and present parliamentarians. The book presents a detailed examination of the nature and extent of fiduciary duty, looking at the example of Australia and having regard to developments in comparable jurisdictions. It identifies principles that could improve the accountability of political actors for their responses to major problems that may extend over multiple electoral cycles.

Continuous and pedagogically sound assessment : A new economy of power relations in Australian Law schools

In recent decades, assessment practices within Australian law schools have moved from the overwhelming use of end-of-year closed-book examinations to an increase in the use of a wider range of techniques. This shift is often characterised as providing a ‘better’ learning environment for students, contributing more positively to their own ‘personal development’ within higher education, or, considered along the lines of critical legal thought, as ‘liberating’ them from the ‘conservatising’ and ‘indoctrinating’ effects of the power relations that operate in law schools. This paper seeks to render problematic such liberal-progressive narratives about these changes to law school assessment practices. It will do so by utilising the work of French historian and philosopher Michel Foucault on power, arguing that the current range of assessment techniques demonstrates a shift in the ‘economy’ of power relations within the law school. Rather than ‘liberating’ students from relations of power, these practices actually extend the power relations through which students are governed. This analysis is intended to inform legal education research and assessment practice by providing a far more nuanced conceptual framework than one that seeks to ‘free’ law students from these ‘repressive’ practices, or hopes to ‘objectively’ contribute to their ‘personal development’.

A requirements and capability discussion : UAS for SAR and law enforcement

This presentation explores the requirements and capabilities of Unmanned Aircraft Systems (UAS) for applications in Law Enforcement and Search and Rescue.

Principles of taxation law (4th Edition)

Taxation law can be an incredibly complex subject to absorb, particularly when time is limited. Written specifically for students, Principles of Taxation Law 2011 brings much needed clarity to this area of law. Utilising many methods to make this often daunting subject achievable, particular features of the 2011 edition include: • seven parts: overview and structure, principles of income, deductions and offsets, timing issues, investment and business entities, tax avoidance and administration, and indirect taxes; • clearly structured chapters within those parts grouped under helpful headings; • flowcharts, diagrams and tables, end of chapter practice questions, and case summaries; • an appendix containing all of the up to date and relevant rates; and • the online self-testing component mentor, which provides questions for students of both business and law. Every major aspect of the Australian tax system is covered, with chapters on topics such as goods and services tax, superannuation, offsets, partnerships, capital gains tax, trusts, company tax and tax administration. All chapters have been thoroughly revised. Principles of Taxation Law 2011 is the perfect tool to guide the reader from their initial exposure to the subject to success in taxation law exams. [from publisher's website]

Principles of Criminal Law in Queensland and Western Australia

Aspires to engage students in the criminal law in Queensland and Western Australia by explaining and applying its fundamental principles. In both these jurisdictions the criminal law stems from the Griffith Code, which was enacted in 1899 in Queensland and in 1913 in Western Australia.

Corporate fraud and misconduct : investigative and regulatory priorities

This article investigates the profile of the companies that have been investigated for corporate fraud and misconduct. Our definition of fraud includes financial statement fraud, market misconduct fraud such as insider trading or false disclosures, and managerial fraud. The particular evidence presented relates to those instances of corporate fraud and misconduct investigated by the Australian corporate regulatory, Australian Securities and Investments Commission (ASIC), and relates to sanctions for fraud, misconduct or compliance breaches. Using data compiled from the public announcements in the ASIC reports over the period 2004-2008, we categorise the type of fraud and misconduct breaches ASIC chooses to report and investigate.

Do students and lecturers actively use collaboration tools in learning management systems?

In recent years there has been a large emphasis placed on the need to use Learning Management Systems (LMS) in the field of higher education, with many universities mandating their use. An important aspect of these systems is their ability to offer collaboration tools to build a community of learners. This paper reports on a study of the effectiveness of an LMS (Blackboard©) in a higher education setting and whether both lecturers and students voluntarily use collaborative tools for teaching and learning. Interviews were conducted with participants (N=67) from the faculties of Science and Technology, Business, Health and Law. Results from this study indicated that participants often use Blackboard© as an online repository of learning materials and that the collaboration tools of Blackboard© are often not utilised. The study also found that several factors have inhibited the use and uptake of the collaboration tools within Blackboard©. These have included structure and user experience, pedagogical practice, response time and a preference for other tools.

Contract Law Case Book [2nd ed.]

This case book contains the essential sections of the most significant cases in Australian contract law. Ready access to this collection of cases enables students to experience the law through the judges’ own words, and to develop the skills of interpreting and analysing cases in order to refine their understanding of the law. Excerpts from important statutes and writings are also included.

Property : a regulatory instrument for protecting private and public interests in the environment

Property in an elusive concept. In many respects it has been regarded as a source of authority to use, develop and make decisions about whatever is the subject matter of this right of ownership. This is true whether the holder of this right of ownership is a private entity or a public entity. Increasingly a right of ownership of this kind has been recognised not only as a source of authority but also as a mechanism for restricting or limiting and perhaps even prohibiting existing or proposed activities that impact upon the environment. It is increasingly therefore an instrument of regulation as much as an instrument of authorisation. The protection and conservation of the environment are ultimately a matter of the public interest. This is not to suggest that the individual holders of rights of ownership are not interested in protecting the environment. It is open to them to do so in the exercise of a right of ownership as a source of authorisation. However a right of ownership – whether private or public – has become increasingly the mechanism according to which the environment is protected and conserved through the use of rights of ownership as a means of regulation. This paper addressed these issues from a doctrinal as well as a practical perspective in how the environment is managed.

The Convergence Review and the principle of Australians' access to and opportunities for participation

The recent Australian Convergence Review’s second principle states: “Australians should have access to and opportunities for participation in a diverse mix of services, voices, views and information”. However, in failing to define its own use and understanding of the terms ‘access’ and ‘participation’ the Convergence Review exposes itself to criticism. These terms would no doubt be made unambiguously clear should the Review’s recommendations move towards policy, and this paper contributes to this discussion by framing access and participation, from the perspective of the ‘produser’ (Bruns, 2008), around three separate but related issues: the failure to frame the discussion that will be undertaken by the Australian Law Reform Commission’s 2012 2013 Copyright Inquiry; the prioritising of the market over and above media accountability and the health of the public sphere; and the missed opportunity to develop a national framework for digital literacy and advanced digital citizenry.

Crime, Justice and Social Democracy: Proceedings of the Second International Conference, 2013, volume 2

The refereed papers contained in this volume of conference proceedings were among those presented at the 2nd International Conference on Crime, Justice and Social Democracy, hosted by the Crime and Justice Research Centre, Faculty of Law, QUT, from 8 – 11 July 2013. The conference attracted an impressive list of speakers from Australasia, Europe, North America and Latin America. These seven papers can be viewed at the Crime and Justice Research Centre’s website at http://crimejusticeconference.com/publications/ as can Volume 1 representing another 26 selected papers from the conference. As with the papers contained in the first volume, this set of papers raises important questions about the links between crime, justice and social democracy, and continues the contribution that the Crime and Justice Research Centre makes towards engaging with these topics. We thank all those who submitted papers for review for this second volume of proceedings, as well as the peer reviewers for taking the time to review the papers, often within very tight timelines.