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

Repercussão geral e súmula vinculante: os efeitos no controle difuso

Brazil since its first republican constitution has adopted systems of laws control. The review activity was given to three state powers or functions state, Executive, Legislative and Judiciary. However, it appears that in the country along the constitutional history, has stood considerably the jurisdictional control of the most important control. Initially, back in 1891, Brazil adopted the jurisdictional control of diffuse from U.S, whose role in monitoring of standards is delivered to all organs of the judiciary, which may face a case, put on trial, ascertain whether or not the possibility of applying a law, removing its impact in case of unconstitutionality. In 1969, entered in the second legal model of judicial review, the concentrated control of constitutionality, whose inspiration comes from the positivist theory of Hans Kelsen, and was adopted by the Austrian Constitution of 1920. According to the abstract control the supervision of law is given to a Court or Constitutional Court, responsible for the analysis of the legal constitutionality independent of its application to a specific case. In Brazil the role of concentrated control was handed over exclusively to the Supreme Court, which serves as the Constitutional Court, which accumulates that function with other constitutionally provided jurisdiction. Throughout this period, from 1891 until today, Brazil has maintained a dual system of judicial control of legal constitutionality, where they coexist and harmonize the diffuse control exercised by any organ of the Judiciary, and concentrated control of competence the Supreme Court. However, one must recognize that with the advent of the Federal Constitution of 1988, the concentrated control has emerged on the national stage due to two important factors: the expansion of the legal capacity to sue and the inclusion of other ways control, besides the already known Direct Claim of Unconstitutionality. This concentrated control and projection of the Supreme Court s attempt to become a true constitutional court, led to a relative weakening of diffuse control even when performed by the Brazilian Constitutional Court. In order to become a true constitutional court, all decisions handed down by the Supreme in the exercise of constitutional jurisdiction should have the same weight and the same measure, or at least bring improvement to similar effects, once is the responsible for the final word when it comes to constitutional interpretation. Thus, the writs of certiorari and stare decisis were responsible for profound changes in the diffuse control, allowing the Supreme Court can strengthen its decisions even in the diffuse control. These two institutions have substantially changed the legal status of diffuse control, allowing an extension of the effects of decisions handed down by the Supreme Court, so that you can no longer be said that the effects of this control to restrict the disputing parties in the process

Transformações técnico-podutivas e comerciais na pecuária de corte brasileira a partir da década de 90

Analisou-se o perfil da pecuária de corte brasileira diante das mudanças ocorridas no sistema de produção/comercialização, observando-se especificamente os índices zootécnicos e produtivos e os volumes de carne produzidos, consumidos e exportados a partir de 1990. Foram analisados dados de trabalhos científicos e de artigos técnicos publicados em jornais e revistas, além de informações veiculadas pela internet. Considerando os resultados obtidos, pode-se inferir que o país apresenta significativo potencial de expansão das exportações de carne bovina, o que exige ajustes internos, que envolvem aspectos sanitários, políticas setoriais e visão mais sistêmica de cadeia produtiva. Destaca-se que esses aspectos ganharam maior importância após a consolidação do Mercado Comum do Sul (Mercosul), quando as relações comerciais se intensificaram e as reações da produção nacional impediram inflexões na estrutura comercial de carne bovina nos mercados interno e externo.

Finanças públicas na nova ordem constitucional brasileira: uma análise comportamental dos municípios potiguares, nos anos antecedentes e posteriores à lei de responsabilidade fiscal LRF

The object of the present dissertation is to analyze the behavior of the public finances of the districts of the state of Rio Grande do Norte (RN), taking as reference a period fundamentally previous to the implementation of the Fiscal Responsibility Law LRF, comparatively to the first years, immediately after the advent of the mentioned institutional milestone. The central hypothesis of this study proposes that, from the institutions' viewpoint, the LRF sets securely consistent rules, in the orchestration of the behavior of the municipal revenues and expenses. These regulations, on the other hand, might be effective and reach the districts of the RN indiscriminately, apart from stabilizing tendencies and which are sustainable in the long run. In spite of this, the indicators calculated reveal that the districts researched show, during all the period under analysis, a diminished capacity of self-tax collection , and consequently, a high participation of the intergovernmental transfers in the composition of the current revenues. This behavior indicates that the goal of strengthening the municipal public finances, forecast in the LRF, tends to be only partially accomplished, due to the fiscal decentralism. The analysis and interpretation of the data are conducted from the literature of institutionalist orientation and in descriptive statistical tools applied to the municipal strata of the state of Rio Grande do Norte. Further on, it's used the econometrical method Pooled OLS, which demands the elimination of the municipal strata in order to allow the use of the model, in the attempt to strengthen and/or ratify the results of the research. Finally, the evidence reached in the dissertation show that the LRF brings better conditions to the potiguar municipal public finances, predominantly to the economically stronger districts; whereas the less dynamic municipal entities show rather divergent evidence, that is, their economies seem to be more oriented to a more pronounced state participation; therefore, it generates in the state of RN a certain antithesis in the results reached in the dissertation

O dia mais feliz da minha vida: a entrada na universidade segundo os alunos recém-ingressos no curso de Pedagogia da UFRN(2004.1)

The present work, based on the methodological principles of the Comprehensive Discourse Analysis, aimed, through the speech of twelve newly arrived students at the Pedagogy course of the Federal University of Rio Grande do Norte, to understand the moment students start university. It also aimed to analyze the relationship between the schools they were coming from and university entrance as well as the relationship between university and their new students. In the first part of the work, which focused on school knowledge, a comprehensive listening of the speeches of the students led primarily to a distinction, established by the students, between public and private schools, a distinction especially based on the view of superiority of private schools against public ones. The abovementioned interpretation is found in the discussion of the structural duality of Brazilian education which, historically, offers different pedagogical appliances among students of more priviledged social classes and those who come from lower levels of society. The overcome of this duality, aspired by the Brazilian Constitution of 1988, was stopped by the advent of a new economic model neoliberalism, which reinforced the differences between public and private when it prioritized the market on the economic, political and social relations, including educational projects. Impoverishment of public institutions and pauperization of the work of professors affected also the relationship between teachers and studens at the current institution. This is how the teacher becomes the greatest villain at the public management system. All of these references concerning differences in the quality of teaching at public and private schools, expressed by the students interviewed, however, were centered in the preparation for the entrance exam, called vestibular, thus showing a view that the relationship between the student and the school he came from is of a propedeutic kind and even so, reduced to a preparation for an entrance exam. In the second part of the work, which analyzed the relationship between newly arrived students and their university, it was noticed that the latter represents a whole new world. This world is seen as the change at the student´s social statute for now he is grown, takes more responsibilities and is socially respected. This change of attitude established by society and the discovery of a new world which requires more independence from the students, creates in them feelings of pride and fear and they feel insecure when it comes to making decision in the campus because now their decisions deliver a greater load of responsibility. This is when students understand they need to develop autonomy, which is seen, in this work, as the capacity to make conscious decisions. Nevertheless students expressed an understanding of autonomy as something that comes as a gift for those who enter university and not as a process that is constructed from social experiences. For these students, the need to be autonomous refers to the relationships with their teachers and the search for information. This search, however, is also related, according to interviews, to public school financial cuts, which penalize university, and to the lack of employers

Infra-estrutura para avaliação e testes de protocolos sociais de comunicação em ambientes tridimencionais compartilhados

The advent of the Internet stimulated the appearance of several services. An example is the communication ones present in the users day-by-day. Services as chat and e-mail reach an increasing number of users. This fact is turning the Net a powerful communication medium. The following work explores the use of communication conventional services into the Net infrastructure. We introduce the concept of communication social protocols applied to a shared virtual environment. We argue that communication tools have to be adapted to the Internet potentialities. To do that, we approach some theories of the Communication area and its applicability in a virtual environment context. We define multi-agent architecture to support the offer of these services, as well as, a software and hardware platform to support the accomplishment of experiments using Mixed Reality. Finally, we present the obtained results, experiments and products

SurRFE -Sub-rede de filtragens específicas

The increasing of the number of attacks in the computer networks has been treated with the increment of the resources that are applied directly in the active routers equip-ments of these networks. In this context, the firewalls had been consolidated as essential elements in the input and output control process of packets in a network. With the advent of intrusion detectors systems (IDS), efforts have been done in the direction to incorporate packets filtering based in standards of traditional firewalls. This integration incorporates the IDS functions (as filtering based on signatures, until then a passive element) with the already existing functions in firewall. In opposite of the efficiency due this incorporation in the blockage of signature known attacks, the filtering in the application level provokes a natural retard in the analyzed packets, and it can reduce the machine performance to filter the others packets because of machine resources demand by this level of filtering. This work presents models of treatment for this problem based in the packets re-routing for analysis by a sub-network with specific filterings. The suggestion of implementa- tion of this model aims reducing the performance problem and opening a space for the consolidation of scenes where others not conventional filtering solutions (spam blockage, P2P traffic control/blockage, etc.) can be inserted in the filtering sub-network, without inplying in overload of the main firewall in a corporative network

Estudo do Cultivo de dois clones de Escherichia coli recombinantes (eIF, LACK) para a Expressão de Antígenos da Leishmania chagasi

With advent of the technology of the recombinant DNA, the recombinant protein expression becomes an important tool in the studies of the structure, function and identification of new proteins, mainly with therapeutical purposes. The Escherichia coli has been procarioto predominant in the studies of genetic engineering due to wealth of information regarding its metabolism. Despite the expressivo advance of the studies of molecular biology and the immunology of the infections, it does not exist, currently, no prophylactic drug capable to prevent calazar. Of this form, it exists a great necessity of specific antigen identification for the vaccine development and kits for disgnostic against the visceral Leishmaniose. In this context, this work objectified to study the recombinant antigen expression of the Leishmania chagasi during the culture of Escherichia coli in shaker. A first set of assays was carried through with the objective of if knowing the kinetic behavior of the growth of two clones recombinant proteins (eIF, LACK) in two different compositions of culture medium (2xTY, TB) supplemented by antibiotics, without IPTG addition. In the second stage of the assays, the procedure of induction for IPTG was carried through, in order to verify the influence of the composition of the ways tested in the expression them recombinant proteins. On the basis of the gotten results, can be observed that the high complexity of culture medium favored the kinetic one of growth of clones recombinant (eIF, LACK), however, to if to deal with the assays submitted to the procedure of induction for IPTG, the raised complexity of culture medium did not favor the expression of recombinant proteins. On the other hand, they had been gotten resulted positive for all clones recombinant (eIF, LACK) tested, confirmed through the eletroforético profile

Influência das condições de cultivo na produção de antígenos recombinantes de Leishmania i. chagasi utilizando Escherichia coli M15 cultivada em incubador rotativo e biorreator

Escherichia coli has been one of the most widely used hosts in recombinant protein production, in both laboratory and industrial scale since the advent of recombinant DNA technology. Despite the substantial progress of studies on the molecular biology and immunology of infections, there is currently no medication-based prophylaxis capable of preventing leishmaniasis. As such, there is a great need to identify specific antigens for the development of vaccines and diagnostic kits against visceral leishmaniasis. Thus, the primary goal of the present study is to assess the influence of cultivation conditions on the production of Leishmania chagasi antigens, carried out in a rotating incubator and bioreactor. To that end, several assays were conducted to evaluate the kinetic behavior of antigens (648, 503) of Leishmania. i. chagasi in two different compositions of media (2xTY, TB), with and without an inducer. In order to improve expression, assays were performed in a benchtop bioreactor using the best conditions obtained in a rotating incubator, in addition to assessing the influence of stirring speed. Results show that high complexity of the cultivation medium favored kinetic growth of clones (648, 503). However, in assays submitted to induction by IPTG, this elevated complexity did not promote the expression of recombinant proteins. Expression of antigens 648 and 503 exhibited behavior associated with growth and, in terms of location, proteins 648 and 503 are intracellularly stored. Lactose may be the most adequate inducer in protein expression, when considering factors, cost, toxicity and stability. Elevated stirring may increase cell growth in clone 53, although it may not result in high concentrations for the protein of interest. On the other hand, positive results were obtained for all recombinant clones (648, 503) tested, confirmed by the electrophoretic profile

Resistência e performance na arte de João Cota

Researching about the art of tell and the tales told by João Cota is somehow revisiting the oral tradition and social practice in the story-telling art. It takes into consideration the resistance this art still exerts, mainly by using the performance of oral transmission and receptiveness to tales. The study of this practice contributes to the vivacious and dynamcis permanence of this authentic and traditional storyteller of his repertory and of his form to tellin our culture. Story-telling is part of the humankind living heritage communicated by means of popular wisdom. Despite the risk of vanishing into thin air, along with their narrators, the tales still manage to resist the contemporary mass culture model. How long further will stories like the ones narrated by João Cota be able to resist to strong and stronger structures dictated by writing and other communication means? João Cota s practice in story-telling will be studied not only as a proposal to identify the presence of this practice and the oral cultural resistance but also, through the performance prospective, to identify the oral transmission and receptiveness to the tales that are part of this storyteller s repertoire. In other words: what he tells, how he tells it, and why he tells it. The advent of new technologies such as internet, through which people can easily communicate with others in different parts of the world, and the greater and greater expansion in the writing skill concept interfere the maintenance of the oral tradition elements present in João Cota s narratives and inserted in the Brazilian culture. This has become more visible in the latest decades although we still notice the living tradition and permanence of the story-telling practice in several parts of the country through their wise storytellers. Our research target will require - in each of its study stages reference to works by several theoreticians namely Paul Zumthor, Mikhail Bakhtin, Câmara Cascudo, theoreticians from the receptiveness aesthetic, from the written culture history, from oral cultures and reading practices, from tradition and the Brazilian Culture of oral story-telling. In order to get to know and draw a profile of this storyteller, we ve chosen to use the comprehensive interview method by French Sociologist Jean Claude Kaufmann. The originality in the method consists of the qualitative data put together in situ , concentrated on the storyteller s narratives/speeches recorded on tape, which will be the focal point of this study. Our analysis method is based on tireless sessions of listening to interviews out of which we gathered information related to the storyteller, his practice in telling the tales, and his repertoire

A Transposição Didádica dos Gêneros do domínio do discursivo publicitários nos livros didáticos

Advertising text has been a subject of many investigations, because of its multimodal universe. Embodied by a linguistic and discursive materiality laying on scene persuasion, argumentation and power imagery of multissemiotics elements, the advertising text acts as an instrument of power, creating and destroying, promising and denying (CARVALHO, 2007). Advertising not only invites us to act for it, but directs us to look at it. It was under this moving look - of charm and interrogations - that discussions raised in this research were born. Investigations are directed to the school environment, in special, for the discursive advertising domain in Portuguese Language Textbook. It is from this environment that was born our research whose main objective is to analyze how does the didactic transposition of textual genres, described by Marcuschi (2008) as belonging to the "advertising" discourse domain (focusing on advertising genre) in didactic books teaching Portuguese Language before and after the advent of the PCN. Textbooks taken as reference for the study are historically situated in the 90s of the twentieth century and 10 century. Such books refer to elected 7th and 8th grades, currently corresponding to the 8th and 9th grades of elementary school. The choice is justified by the fact that in these Textbook teaching series the presence of advertising domain is recurrent and "didactized". In addition, we are also concerned in analyzing books that circulated around us and our regional reality. Hence, we elected books that were used by two public high schools: Municipal School Clementina Ana da Conceição in Jaçanã city in the Rio Grande do Norte state, State School for Elementary and High school Carlota Barreira in Areia city, Paraíba state. In our research the following categories of analysis were highlighted: (1) presence of advertising in DB, (2) fluctuation terminology: concepts and classifications; (3) The complexity of concepts facilitation, (4) what they propagate, and from which nature are the explored advertisements. From our analysis, we observe how the treatment of textual "advertising" genres have been inserted into Textbooks, and how occurs, in general, their didactic transposition. Focusing on the issue of fluctuating terminology, we noted the difficulty in drawing boundaries between the genres of advertising domain in the Textbooks. However, this also would result in the complexity - in the field of scientific knowledge - of delimiting genres of the same domain. To accomplish our studies, it was required a thorough and systematic dialogue with theories regarding the concept of "Didactic Transposition", due to the theoretical Chevallard Yves (1991), research on the textual genres - Bezerra (2005), Marcuschi (2008), Bazerman (2005), Swales (2004), among others - and studies involving the field of "Advertising" - Sandmann (2002), Carvalho (2007) and others

The influence of natural rubber/Au nanoparticle membranes on the physiology of Leishmania brasiliensis

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Narrativas de professores em formação sobre a didatização de podcasts para o ensino de inglês na floresta

Considering the following conditions: (1) the fluency demands of students in an undergraduate program in Languages and Literatures/English in the Amazon region; (2) the listening and speaking needs of pre-service teachers of English as a Foreign Language (EFL); (3) my continuing education as a professor of EFL and my academic literacy as a teacher-researcher and pre-service-teacher trainer, this study, which is based on Narrative Inquiry, reports on a teacher experience of working didactically with oral genres through podcasting an activity that emerged with the advent of Information and Communication Technology (ICT). Through this process, I engage with some theorists who promote teaching as a process that is driven by a concept of language as social practice. Subsequently, I make use of the notions of context of culture and context of situation, derived from Systemic Functional Linguistics, as well as the concept of genre and register derived from the perspective of this theory. Based on these principles and beliefs, the Amazon region constitutes the register (situation) of the genres used in this study. These principles also provide, opportunities for building learning strategies appropriate to this local context, and also to teach listening and speaking skills from a task-based approach. During the experience, based on the reflective teacher-education model, the participants produced narratives about the process, which I then analyzed according to Ely, Vinz, Downing and Anzul (2001), who propose possibilities of composing meanings in Narrative Inquiry. Based on this perspective, I discuss the following topics, which were highly emphasized in the participants narratives: the lack of didactic activities using oral genres; the relevance of context within teacher education; and collaborative work as a strategy to overcome gaps in digital literacy, language fluency and teaching skills. The meanings I thereby compose point to a paradigm shift in English language teaching within this context. I also argue for a pedagogical practice that is engaged with historical and socio-cultural issues, and with the development of language skills, also one that promotes the implementation of ICTs at the very start of teacher training programs, adopting teaching and learning strategies that correspond to the demands of fluency in this particular context, and deficiencies imposed by geographical isolation

Infografia interativa na redação: o processo de produção no Diário do Nordeste à luz da teoria do jornalismo

The infographics historically experience the process of evolution of journalism, from the incipient models handmade in the eighteenth century to the inclusion of computers and sophisticated software today. In order to face the advent of TV against of the partiality readers of the printed newspaper, or to represent the Gulf War, where not allowed photography, infographics reaches modern levels of production and publication. The technical devices which enabled the infographics to evolve the environment of the internet, with conditions for the manipulation of the reader, incorporating video, audio and animations, so styling of interactive infographics. These digital models of information visualization recently arrived daily in the northeast and on their respective web sites with features regionalized. This paper therefore proposes to explore and describe the processes of producing the interactive infographics, taking the example of the Diário do Nordeste, Fortaleza, Ceará, whose department was created one year ago. Therefore, based on aspects that guide the theory of journalism, as newsmaking, filters that focus on productive routine (gatekeeping) and the construction stages of the news. This research also draws on the theoretical framework on the subject, in concepts essential characteristics of computer graphics, as well as the methodological procedures and systematic empirical observations in production routines of the newsroom who can testify limitations and / or advances

Ver, lembrar e narrar: a conformação das memórias sobre a ditadura militar na recepção assistida do audiovisual

Subjective and socially constructed instance, the memory is not a natural phenomenon, but an area of contention between various social organizations for control and legitimation of a past. With the development of writing and the advent of new technical devices, it creates new ways to store and transport information. The memory is no longer restricted to the limits of the here and now of the subject and undergoes transformations. In this scenario, the media start to play an important role in publicizing and construction of embodiments of memory. This study aims to analyze the conformation of the memory of political groups during the process of receiving audiovisual fiction. For this purpose, a corpus of four chapters of the soap opera Love and Revolution was used as a cognitive device for remembering. The television series, broadcast by SBT between April 2011 and January 2012, went back to the beginning and development of the military dictatorship in Brazil, in the cities of Rio de Janeiro and São Paulo. Three militants of various affiliations Communists who acted against the regime in Rio Grande do Norte and neighboring states, were participants in this study. Using the method of oral history, the research was divided into two stages: in-depth interviews, which dealt with the history of life of employees with the militancy in the Communist parties and other social movements, and the assistance of a drive dramatic soap opera Love and Revolution. Comparing these two phases of the study, we analyze the flow of mediations that crossed memories of militancy and media framework; shifts the narrative of remembrance during reception, and the opposition between memory and represented the experiences of the receivers