Teoria da despesa pública: uma leitura ético-constitucional em busca do possível da reserva

Brazilian law passes through a crisis of effectiveness commonly attributed to the extravagance of fundamental rights and public shortage. However, public finances are not dogmatically structured to solve the conflicts around the limitations of public spending. There are ethical conditioning factors, like morality, proportionality and impartiality, however, these principles act separately, while the problem of public shortage is holistic. Also, the subjectivity of politics discretionary in the definition of public spending, which is supported in an indeterminate concept of public interest, needs material orientation about the destination of public funds, making it vulnerable to ideological manipulation, resulting in real process of catching rights. Not even the judicial activism (such as influx of constitutionalism) is shown legally appropriate. The Reserve of Possible, also presents basic ethical failure. Understanding the formation of public shortage is therefore essential for understanding the crisis of effectiveness of state responsibilities, given the significant expansion of the state duty of protection, which does not find legal technique of defense of the established interests. The premise of argument, then, part of the possibility of deducting minimal model ethical of desire to spend (public interest) according to objective parameters of the normative system. Public spending has always been treated disdainfully by the Brazilian doctrine, according to the legal character accessory assigned to the monetary cost. Nonetheless, it is the meeting point between economics and law, or is in the marrow of the problem of public shortage. Expensive Subjects to modernity, as the effectiveness of fundamental rights, pass necessarily an ethical legal system of public spending. From the ethical principles deducted from the planning, only the democratic principle guides the public spending through the approval of public spending in the complex budget process. In other words, there is an ethical distancing of economic reality in relation to state responsibilities. From the dogmatic belief of insufficiency, public spending is evaluated ethically, according to the foundations of modern constitutionalism, in search of possible of the financial reserve, certain that the ethics of public economy is a sine qua non condition for legal ethics.

O direito à saúde e a política nacional de atenção oncológica: uma análise a partir da crescente judicialização dos medicamentos antineoplásicos

The 1988 Federal Constitution of Brazil by presenting the catalog of fundamental rights and guarantees (Title II) provides expressly that such rights reach the social, economic and cultural rights (art. 6 of CF/88) as a means not only to ratify the civil and political rights, but also to make them effective and practical in the life of the Brazilian people, particularly in the prediction of immediate application of those rights and guarantees. In this sense, health goes through condition of universal right and duty of the State, which should be guaranteed by social and economic policies aimed at reducing the risk of disease and other hazards, in addition to ensuring universal and equal access to actions and services for its promotion, protection and recovery (Article 196 by CF/88). Achieving the purposes aimed by the constituent to the area of health is the great challenge that requires the Health System and its managers. To this end, several policies have been structured in an attempt to establish actions and services for the promotion, protection and rehabilitation of diseases and disorders to health. In the mid-90s, in order to meet the guidelines and principles established by the SUS, it was established the Política Nacional de Atenção Oncológica PNAO, in an attempt to sketch out a public policy that sought to achieve maximum efficiency and to be able to give answers integral to effective care for patients with cancer, with emphasis on prevention, early detection, diagnosis, treatment, rehabilitation and palliative care. However, many lawsuits have been proposed with applications for anticancer drugs. These actions have become very complex, both in the procedural aspects and in all material ones, especially due to the highcost drugs more requested these demands, as well as need to be buoyed by the scientific evidence of these drugs in relation to proposed treatments. The jurisprudence in this area, although the orientations as outlined by the Parliament of Supreme Court is still in the process of construction, this study is thus placed in the perspective of contributing to the effective and efficient adjudication in these actions, with focus on achieving the fundamental social rights. Given this scenario and using research explanatory literature and documents were examined 108 lawsuits pending in the Federal Court in Rio Grande do Norte, trying to identify the organs of the Judiciary behave in the face of lawsuits that seeking oncology drugs (or antineoplastic), seeking to reconcile the principles and constitutional laws and infra constitutional involving the theme in an attempt to contribute to a rationalization of this judicial practice. Finally, considering the Rational Use of health demands and the idea of belonging to the Brazilian people SUS, it is concluded that the judicial power requires ballast parameters of their decisions on evidence-based medicine, aligning these decisions housing constitutional principles that the right to health and the scientific conclusions of efficacy, effectiveness and efficiency in oncology drugs, when compared to the treatments offered by SUS

A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

A Dimensão objetiva dos direitos fundamentais: conceito e sistematização

This paper is about the objective dimension of fundamental rights, aiming to present a concept well-designed for this dimension, and establish a systematic teaching of the subject, presenting the developments of this dimension of fundamental rights. The objective dimension of fundamental rights arises related to the idea of linking the state of fundamental rights, transforming these rights as the foundation and purpose of the state. It is distinguished from that perspective of the subjective dimension of fundamental rights, which includes the fundamental rights in an individual-state relationship. Under the subjective prism, rights are seen as limits required by the individual, the state intervention in the lives of individuals. A new dimension goes beyond the perspective of the rights of the individual as a mere resistance in the face of the state, assigning those rights also an active mission, which generates a series of legal repercussions. These developments or "effectiveness" the objective dimension are studied. The first consists of Binding Effectiveness, and demonstrated a new respect for fundamental rights within the state structure, which creates concepts such as "linkage of state functions fundamental rights" and "state s duty to protect". There is also the Radiant Effectiveness in which are examined topics such as the "constitutionalization of Law" and the "application of fundamental rights to particular relationships". Studies are still Procedure Effectiveness, in the case of "objectification of the mechanisms of protection of fundamental rights" and "opening of the processes of state protection of fundamental rights to public participation"

Inclusão da criança com deficiência na estratégia de saúde da família

The objective of analyze the shift of the working process of the ESF team in care of children with disabilities, from awareness-raising actions. It is a qualitative study, with the action-research method. Thirteen health professionals were involved from two teams of ESF unit area of the Unidade de Saúde da Família Dr. Chico Porto (UBSFCP) in Mossoró, from March to August 2011. Data were analyzed following the direction of freirean s thematic analysis. In the situational diagnosis of the current reality of CwD assistance in that UBSFCP, through participant observation and application of semi-structured interviews with professionals, we realize that despite these actions carry some assistance to the CwD, in practice few are used for inclusion and accessibility. The monitoring of the CwD is done through individual consultations by each team professional, home visits when possible, both ruled on the complaints and problems, with little solving in the used actions. Since the need for a change in the treatment model and training requirements as pointed out by professionals in the interview, then we decided to build the proposed of training suggested by the multidisciplinary team and put together collectively the achievement of this moment in all its phases. In the step of implementation (action), aspects related to the current situation in Brazil and Mossoró (Laws, policies and health care) for the CwD and CwD Assistance and their family in the ESF in the first two moments of the first training (action) were contemplate. On the second day we discussed the specialized care to CwD, contribution of the Handicapped Parents and Friends Association of Mossoró and in a second moment a workshop was held in which awareness for inclusion of CwD and actions of ESF were discussed. All these moments were discussed and collectively constructed. In the evaluation, we found that implementation (action) allowed to the professional the comprehension of new understandings about people with disabilities, on ways to include, guiding, caring, watching, and mainly to have a new vision on health assistance of the CwD, expanding assistance beyond clinical aspects and recognizing the educational aspects of the rights and duties of citizens and the inclusion of these children in the social spaces area. As difficulties, we face the need for some professionals to be absent to attend another job, solve personal problems, and little or no participation. Thus, during this action-research, the subjects were able to realize the importance of carrying out their practice to the quality of life for him and to the one they care

Acidentes do trabalho em pescadores artesanais da região do Médio Rio Araguaia, Tocantins, Brasil

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

A SOCIAL JUSTICE STUDY: BRAZIL

This paper discusses the question of social justice in a global world, focussing on Brazil. Though largely debated, this question has not yet been properly answered (Kelsen, 2001, p. 1). Trying to contribute to this debate, this paper raises a general thesis: social justice involves a chaotic-solidaristic integration (da Silveira, 2002) between the discourse towards the egalitarian rights and duties and its practical sustainability by ethics and democracy.

Acesso ao direito e a democratização da justiça na assistência jurídica integral e gratuita contemporânea

Pós-graduação em Ciências Sociais - FFC

Coação administrativa: limites e responsabilidades

Pós-graduação em Direito - FCHS

Competência moral e perfil de profissionais que atendem o adolescente em conflito com a lei

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

O Estatuto da criança e do adolescente e o professor: reflexos na sua formação e atuação

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

De Tampere ao Programa de Haia: decisões políticas sobre a imigração na União Européia (1999-2004). Uma cidadela revigorada?

Pós-graduação em História - FCHS

Direitos humanos fundamentais ou fundamentos dos direitos humanos?

Pós-graduação em Ciências Sociais - FFC

为平等的结构改变 综合发展

In today's complex and changing global context, the Latin American and Caribbean region must persevere, more than ever, in three directions: structural change to underpin progress towards more knowledge-intensive sectors, convergence to reduce internal and external gaps in income and productivity, and equality of rights. This is the integrated approach proposed by ECLAC as a route towards the development the region needs. This implies tackling three major challenges: to achieve high and sustained rates of growth so as to close structural gaps and generate quality jobs; to change consumption and production patterns in the context of a genuine technological revolution with environmental sustainability; and to guarantee equality on the basis of greater convergence in the production structure, with universal social protection and capacity-building. Such an endeavour requires the return of politics and of the State's role in promoting investment and growth, redistribution and regulation with a view to structural change for equality, through industrial, macroeconomic, social and labour policies. These are some of the key proposals of Structural Change for Equality: An Integrated Approach to Development, which ECLAC will present to its member States at the thirty-fourth session of the Commission (San Salvador, August 2012). The proposals in that document, which is summarized here, deepen and broaden the ideas set forth in Time for equality: closing gaps, opening trails, aiming towards sustainable development with equality and taking into account the diverse national conditions across the region.

Entre a potência e a impotência do exercício profissional de médico perito no Intituto Nacional do Seguro Social (INSS): a importância do Estado como componente dilemático e paradoxal

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)