A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

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 fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

Pobreza multidimensional na região nordeste: uma aplicação da Teoria dos Conjuntos Fuzzy (em 2010)

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

A relação teoria-prática do curso de formação de professores do campo na UFPA

Ce travail est une reflexion sur les pratiques éducatives dévelloppées par des élèves/professeurs dans le Cours de Formation d Éducateurs de la Campagne, réalisé dans un partenariat entre l Université Fédérale du Pará (UFPA), Le Movimento dos Trabalhadores sem Terra (MST Mouvement des travailleurs sans Terre) et le Programme National d Éducation dans la Réforme Agraire (PRONERA), en ayant comme son objectif stratégique rechercher les éléments facilitateurs de l articulation théorie-pratique dans les procédures méthodologique du Cours, fondé sur Paulo Freire. Nous approfondissons des réflexions sur la production d une proposition d Éducation de la Campagne qui, entre autres éléments, se fonde sur la Pédagogie de l Alternance, spécifiquement en ce qui concerne lês catégories Temps École et Temps Communauté. Dans le procès de recherche, nous utilisons comme ressources les documents écrits (dês projets de cours, des rapports, des journaux de la campagne document qui registre le quotidien des activités et des choses réalisées), et les discours des élèves de l Assentamento Palmares II , pendant et après lê Cours. À l analyse, nous identifions comme éléments facilitateurs de la relations théorie et pratique, le Temps École et le Temps Communauté en créant des opportunités, la rélation de ce qui se caracterise comme praxis (action-refléxion-action), en utilisant la recherche comme moyen d insertion dans la réalité et l´existence de groupe (colectif), ce qui a possibilité la participation colective aux réalisations des pratiques pédagogiques plus significatives dans le procès de Formation d Éducateurs de la Campagne, en ayant comme objectif la contribution dans la formation des sujets réalisateurs de leur histoire

Adrien-Marie Legendre (1752-1833) e suas obras em Teoria dos Números

The present thesis is an analysis of Adrien-Marie Legendre s works on Number Theory, with a certain emphasis on his 1830 edition of Theory of Numbers. The role played by these works in their historical context and their influence on the development of Number Theory was investigated. A biographic study of Legendre (1752-1833) was undertaken, in which both his personal relations and his scientific productions were related to certain historical elements of the development of both his homeland, France, and the sciences in general, during the 18th and 19th centuries This study revealed notable characteristics of his personality, as well as his attitudes toward his mathematical contemporaries, especially with regard to his seemingly incessant quarrels with Gauss about the priority of various of their scientific discoveries. This is followed by a systematic study of Lagrange s work on Number Theory, including a comparative reading of certain topics, especially that of his renowned law of quadratic reciprocity, with texts of some of his contemporaries. In this way, the dynamics of the evolution of his thought in relation to his semantics, the organization of his demonstrations and his number theoretical discoveries was delimited. Finally, the impact of Legendre s work on Number Theory on the French mathematical community of the time was investigated. This investigation revealed that he not only made substantial contributions to this branch of Mathematics, but also inspired other mathematicians to advance this science even further. This indeed is a fitting legacy for his Theory of Numbers, the first modern text on Higher Arithmetic, on which he labored half his life, producing various editions. Nevertheless, Legendre also received many posthumous honors, including having his name perpetuated on the Trocadéro face of the Eiffel Tower, which contains a list of 72 eminent scientists, and having a street and an alley in Paris named after him

Como vão se formando os professores em física e química: embates entre o ser, o ter e o fazer na formação de licenciandos da UFRN sob a perspectiva da teoria das representações sociais

The purpose of this work is to approach and understand the Social Representations (SR) (MOSCOVICI, 2003) about Physics and Chemistry from people who are major in these courses, as well as their Social Representations about teaching . We took as principle that approaching these representations it would be possible to relate their symbolic contents, in order to show how people who are following the first segments of bachelor degree courses in Physics and Chemistry become teachers, taking into account a psychosocial view. Two source of data was used during this research: Free-association Technique FA (ABRIC, 1994); and Multiple Classification Procedure (MCP) (ROAZZI, 1995). The analytical treatment of the collected data from FA was done according to the proposition of Grize, Vergés and Silem (1987 apud ABRIC, 1994, p. 66). MCP data were analyzed through MSA (Multidimensional Scalogram Analysis) and SSA (Singular Spectrum Analysis) methods associated with the Facet Theory (BILSKY, 2003). The discourses of MCP discussing groups at the moment of explanations were studied by Content Analysis as it was proposed by Bardin (1977) and Franco (2005). Indicative of an approach to the relations with knowledge (CHARLOT, 2000), the connections which aroused from the analyses showed that the group of future majors in Physics thought that this scientific field was based on a rationalist conception, influencing the idealization sense of the phenomena to be explained by Physics. Thus, Physics as school content started to require the student of the fundamental and high school to think abstractly as a cognitive skill of learning. The identifying elements observed in the relations between SR about Physics and Teaching aroused from the antagonism between future majors and their teacher, as well as from the speculation between their fundamental and high school students and themselves, mainly when they had to face the act of teaching due to the obstacles imposed by the own educational system, and by the weakness of the initial preparation. The group of future majors in Chemistry, through its discourses, showed these relations when they conceived empiricist Chemistry and said that teaching was the way of transmission of this knowledge, and didactics of Chemistry teaching was the direction to learning through pedagogic methods in order to lead the students to discoveries. The psychosocial contents which were built and showed from the symbolic relations in the studied SR achieved the relation of identity. This relation revealed identifying elements for these people, resulting from the traffic between their condition as students of Chemistry, and as teachers regarding their work, what placed the current relational contents in the teaching space, named as Knowledge changing and Adaptability . In order to study emerging questions in the discussing environment about formation and teaching professionalization, we focused the psychosocial view on this traffic and managed to observe epistemological practical and pedagogic obstacles that limited a configuration of the teaching work as a professional activity, especially from the particular conditions which led the relations of senses to Physics , Chemistry and Teaching ; and Chemistry and Physics as it was seen in this research. Generally speaking, we noted that these obstacles can denounce such obstacles concerning to the pedagogic doings which mainly impair the learning process of fundamental and high school students

O professor e sua formação linguística: uma interlocução teoria-prática

The work in screen constitutes a study of entitled doutoramento THE teacher and your linguistic formation: a dialogue teoria-prática. In him, the researcher, discoursing on subjects that involve the teaching-learning of the verbal language, it focalizes the importance of the linguistic formation for professionals that act in the years you begin of the Fundamental Education. In that perspective, lens to analyze the interrelações among them you know about the teachers, referring to the language (verbal), mobilized in the process teaching-learning of the production of texts written by the students, enrolled in the years you begin of the fundamental teaching. For so much, it developed a research Colaborativa, of qualitative nature, with four partícipes, being three of them teachers of the empiric field, EETB (pointed school for the " Prova Brasil " (2005) as among the ten Brazilian schools with the worst index of revenue discente in the abilities to read, to write and to interpret) and the other (researcher) educational of UERN. The research made use of several methodological procedures, among which stand out: questionnaire, glimpses, reflexive sessions and cycles of reflexive studies, among others. These specific of the Methodology of the Elaboration Conceptual Ferreiriana, adopted in the process of (re)elaboration, for the partícipes of the language concepts, text, textual gender, spoken language and written language. With relationship to the analytic procedures, those were based in contributions of the theory of the formation of concepts, of the Applied Linguistics and of the archaeology of the elect concepts. The results appear that the process of linguistic formation, established through the research colaborativa and of the methodology of the elaboration conceptual ferreiriana, uniting knowledge of the areas of the Education and of the Language, it was productive and he/she reveals a narrow relationship among the acquired knowledge for the partícipes, the (re)organization of the process teachinglearning of the language and the improvement of the productions written by the students of those educational ones

Pensamento teórico e formação docente: apropriação de saberes da tradição lúdica na perspectiva da teoria da formação das ações mentais por etapas de P. Ya. Galperin

The study investigated the possibility of organizing a didactics unit for formation of hability of identifying and explaining the popular traditional games in the process of licensed formation in physical education. Had basic premised, the thesis formulated by Piorte Yakovleviche Galperin that the fundamental condition that mode determines the student s way of thinking and the theoretical structures thought. Is given by the method of organization activity that form the basis of guiding skills assimilates from this assumption the study defended the thesis that the contents of popular traditional games can be organizeds according the systemic functional-structural focus. As a method to plan a didactics unit that contributes to development of theoretical thought and the professional development of graduates in physical education. In this sense the general goal was studied and develop a training proposal of ability to identify and explain the popular traditional games for physical education teachers oriented to contribute to the development of theoretical thought. In the construction process of the thesis in a first moment was determined the invariant conceptual of popular traditional games from the method of analysis of activity, after was organized the content of popular traditional games according to the structural-functional systems revealing the essential properties elements and levels of relationship.These procedures provided to the construction elements of the concept popular traditional games, and was the basis for planning a didactical unit to the formation of ability to study. These strategies enable to build a set of prepositions to argue, as a result of the increases in the knowledge of the professional formation in physical education. The study was introduced the fallowing contributions; formulated a teaching proposal to develop the ability to identify popular traditional games, as a cultural and historical contribution and the development of an individual, in initial formation of physical education teacher, attuned to the demands of training and use of knowledge that requires this level of education, defined and organized the knowledge of popular traditional games , this enables a teaching able to raise the cognitive abilities and the theoretical concept of personality of graduated in physical education

PENSAMENTO TEÓRICO E FORMAÇÃO DOCENTE: apropriação de saberes da tradição lúdica na perspectiva da teoria da formação das ações mentais por etapas de P. Ya. Galperin

The study investigated the possibility of organizing a didactics unit for formation of hability of identifying and explaining the popular traditional games in the process of licensed formation in physical education. Had basic premised, the thesis formulated by Piorte Yakovleviche Galperin that the fundamental condition that mode determines the student s way of thinking and the theoretical structures thought. Is given by the method of organization activity that form the basis of guiding skills assimilates from this assumption the study defended the thesis that the contents of popular traditional games can be organizeds according the systemic functional-structural focus. As a method to plan a didactics unit that contributes to development of theoretical thought and the professional development of graduates in physical education. In this sense the general goal was studied and develop a training proposal of ability to identify and explain the popular traditional games for physical education teachers oriented to contribute to the development of theoretical thought. In the construction process of the thesis in a first moment was determined the invariant conceptual of popular traditional games from the method of analysis of activity, after was organized the content of popular traditional games according to the structural-functional systems revealing the essential properties elements and levels of relationship.These procedures provided to the construction elements of the concept popular traditional games, and was the basis for planning a didactical unit to the formation of ability to study. These strategies enable to build a set of prepositions to argue, as a result of the increases in the knowledge of the professional formation in physical education. The study was introduced the fallowing contributions; formulated a teaching proposal to develop the ability to identify popular traditional games, as a cultural and historical contribution and the development of an individual, in initial formation of physical education teacher, attuned to the demands of training and use of knowledge that requires this level of education, defined and organized the knowledge of popular traditional games , this enables a teaching able to raise the cognitive abilities and the theoretical concept of personality of graduated in physical education

A teoria de Dienes no ensino de transformação de medidas de comprimento, área e volume no curso de pedagogia

The study was aimed to test a teaching module on the Zoltan Paul Dienes theory, focusing on the content: The transformation of measurements: length, areas and volumes. The study based on constructivist theory consisted in a methodological intervention with students of the 7th period of the Course of Pedagogy, in Central Campus, Federal University of Rio Grande do Norte (UFRN). A preliminary study with 40 students called diagnostic evaluation found that students did not understand the concept of measurements transformation and its processing steps. The latter was performed only with the help of the table of measurements transformation with no understanding of the content. He applied a pretest, a set of activities and a post-test. The latter was used as a tool for evaluation of the student learning process. The answers of these ones were evaluated according to the concept of reflective abstraction of Jean Piaget, one of the authors who influenced the Dienes theory

A história escolar e a teoria da atividade: relações e possibilidades formativas no ensinar e aprender

This study investigates the manner in which the Activity Theory by Alexei Nikolaevich Leontiev contributed to the performance of a teacher who teaches History at the 8th year of elementary school, Escola Estadual Coronel Fernandes, in Luís Gomes - RN city. Her goal is to analyze the contributions of this theory in her teaching practice. It was opted by collaborative approach as formative strategy and was used as procedures for training of knowing the courses of study and thoughtful reflection sessions. It was used as techniques in the development of these cycles, the semistructured interview and the reflection sessions, the autoscopy and observation in real life. Regarding the theoretical foundation, held in these cycles, the teacher demonstrated to have appropriated some contributions from Activity Theory, besides relating them to her practice and understanding her importance to the improvement of teaching and learning of History. Concerning to the reflection sessions, the analysis showed that the participant has used of constructions of this theory and improved their practice, developing lessons of History so as to encourage student participation in oral and promote his integral development. The educational process, carried out on the practice of teacher, has shown an increase in her conscious learning that contributed to the improvement in their professional development. Before these findings, as needs for new thinking, this research recommends, especially the organization of teaching activities, based on this theory, which allows the teacher to improve the teaching and learning process contributing to student's full education

Formação da habilidade de interpretar gráficos cartesianos em licenciandos em química segundo a teoria de P. Ya. Galperin

It has been remarkable among the Science Teaching debates the necessity that students do not learn only theories, laws and concepts, but also develop skills which allows them to act towards a critical citizenship. Therefore, some of the skills for the natural sciences learning must be taught consciously, intentionally and in a planned way, as component of a basic competence. Studies of the last twenty years have shown that students and teachers have plenty of difficulties about skills development and, among several, the skill of interpreting Cartesian graphics, essential for the comprehension of Natural Science. In that sense, the development of that type of professional knowledge during the initial education of future Chemistry teachers has become strategic, not only because they need to know how to use it, but also because they need to know how to teach it. This research has as its general objective the organization, development and study of a process of formation of the skill of interpreting Cartesian graphics as part of the teachers professional knowledge. It has been accomplished through a formative experience with six undergraduate students of the Teaching Degree Course of Chemistry of Universidade Federal do Rio Grande do Norte (UFRN Federal University of Rio Grande do Norte), in Brazil. In order to develop that skill, we have used as reference P. Ya. Galperin s Theory of the Stepwise Formation of Mental Actions and Concepts and its following qualitative indicators: action form, degree of generalization, degree of consciousness, degree of independence and degree of solidness. The research, in a qualitative approach, has prioritized as instruments of data collecting the registering of the activities of the undergraduate students, the observation, the questionnaire and the diagnosis tests. At the first moment, a teaching framework has been planned for the development of the skill of interpreting Cartesian graphics based on the presupposed conceptions and steps of Galperin s Theory. At the second moment, the referred framework has been applied and the process of the skill formation has been studied. The results have shown the possibility of develop the skill conscious about the invariant operation system, with a high degree of generalization and internalized the operational invariant in the mental plane. The students have attested the contributions at that type of formative experience. The research reveals the importance of going deeper about the teaching comprehension of the individualities tied to the process of internalization, according to Galperin s Theory, when the update of abilities as part of the teaching professional knowledge is the issue

A formação de conceitos no ensino de graduação em enfermagem à luz da teoria da aprendizagem significativa

The Theory of Meaningful Learning (TML) described by David Paul Ausubel offers a proposal for the teaching strategies to provide a more active and effective student learning. The projection of the TML practice is demonstrated through the development of concept maps (CM) technique, created by Joseph Donald Novak, which presents as a strategy, method or schematic feature, which is an indicator to identify the cognitive organization of the knowledge acquired by students. The survey was conducted in the light of TML in relation to learning concepts involving students of undergraduate nursing in a public university in the state of Rio Grande do Norte. Thus, the study aimed to compare the concept learning of students of undergraduate nursing, when subjected to different forms of education, to point approaches that promote more effective and meaningful results. It was a quasi - experimental study with a qualitative analysis, conducted with students of the Undergraduate Nursing of the Universidade Federal do Rio Grande do Norte (UFRN), approved by the Research Ethics Committee/UFRN Certification of Presention for Ethics Appreciation (CPEA) in 11706412.3.0000.5537. The study took place at two different times and involved content on complications mediate postoperative surgical wound in the same discipline with students who attended the 5th semester of the degree course in Nursing. For the viability of data collection, in the second half of 2013, we used the technique of CM, to represent the concept of complications mediate postoperative surgical wound covered in the classroom. CM were built at a different time from that of the discipline, with the support of tutors and preceded by a brief description and explanation about the form of preparation and application. In this study were subjected, 31 students of undergraduate nursing, registered in the discipline of Integral Attention to health I. In the first stage, 18 students participated in the survey, they had the teaching intervention based on TML, and in the second stage, all students participated in the lesson provided curriculum with the responsible teacher of the subject, on the same issue occurred. At the end of each meeting, the students 11 developed concept maps with the aid of software Cmap Tools®. Data analysis happened upon the technique of content analysis, supported by a conceptual map "glass", previously developed by researchers and aid in the preparation of the categories in which the concepts found were classified. The study found that the teaching intervention based on TML with the help of CM, managed to develop in students a more expressive teaching learning process than just classroom curriculum with the traditional teaching method, and also that the association between the intervention motion teaching with the traditional method and the use of the technique of CM encourages the student the ability to articulate the various acquired knowledge as well as apply them in real situations

Análise de Agrupamentos Com Base na Teoria da Informação: Uma Abordagem Representativa

Currently, one of the biggest challenges for the field of data mining is to perform cluster analysis on complex data. Several techniques have been proposed but, in general, they can only achieve good results within specific areas providing no consensus of what would be the best way to group this kind of data. In general, these techniques fail due to non-realistic assumptions about the true probability distribution of the data. Based on this, this thesis proposes a new measure based on Cross Information Potential that uses representative points of the dataset and statistics extracted directly from data to measure the interaction between groups. The proposed approach allows us to use all advantages of this information-theoretic descriptor and solves the limitations imposed on it by its own nature. From this, two cost functions and three algorithms have been proposed to perform cluster analysis. As the use of Information Theory captures the relationship between different patterns, regardless of assumptions about the nature of this relationship, the proposed approach was able to achieve a better performance than the main algorithms in literature. These results apply to the context of synthetic data designed to test the algorithms in specific situations and to real data extracted from problems of different fields