O princípio constitucional da livre concorrência como instrumento de desenvolvimento socioeconômico

The freedom of concurrence, firstly conceived as a simple market fundament in productive systems that recognized the productive forces freedom of action, appears as a clear instrument of protection and fomentation of the market, recognizing the importance of the simultaneous existence of various economic forces such the proper capitalism reason of constitution. It has, thus, a directly role linked to the fundamental idea that the market and its productive forces needed of a protection against itself, because it exists inside the market situations and circumstances, provoked or not, that could prejudice and even annihilate the its existence and functioning, whilst a complex role of productive forces presents at all economic creation space. It was the primacy of the classic liberalism, the first phase of the capitalism. The Constitutions, in that historic moment, did not proclaim any interference at the economic scenario, simply because it recognized the existence of an economic freedom prepared to justify and guarantee the market forces, with its own rules. Based on the structural changes that occurred at the following historic moments, inside the constitutionally recognized capitalism, it was verified changes in the ambit of treatment of the freedom of concurrence principle that, in a progressive way, passes to present a configuration more concerned with socialist and developing ideas, as long as not only a market guarantee. It emerges a freedom of concurrence which aim is instrumental, in relation to its objectives and constitutional direction as a role, and not anymore stagnant and with isolated treatment, in special at the constitutional systems the present s clear aspects of social interventions and guarantor of fundamental rights more extensive and harmonious. That change is located at a space of state actuation much more ample and juridical important, this time comprehending the necessity of managing the productive scenario aiming to reach a national social and economic development effectively guarantor of fundamental rights for all citizens. Those Constitutions take as point of starting that the social and economic development, and not only anymore the economic growth, is the effective way for concretization of these rights. In that way it needs to be observed and crystallized by political and juridical tools that respect the ideological fundamental spirit of the Constitutional Charters. In that scenario that seeks for solutions of rights accomplishment, in special the social rights, the constitutional principle of freedom of concurrence has been seen as an instrument for reaching bigger values and directives, such as the social justice, which only can be real at a State that can implement a comprehensive and permanent social and economic development. The freedom of concurrence tries to valorize and defend something larger and consonant to the political values expressed in the Constitutional Charters with social character, which is the right to a social and economical sustainable development, guarantor of more clear and compromised collective benefits with social justice. The origin of that constitutional imposition is not only supported by vague orientations of the economic space, but as integrated to it, with basis formed of normative and principles posted and prepared to produce effects at the proper reason of the Constitution

As zonas de processamento de exportação como instrumento de desenvolvimento e redução das desigualdades regionais

The existence of inequalities among the Brazilian regions is an indeed fact along the country s history. Before this reality the constitutional legislator inserted into the Federal Constitution of 1988, as a purpose of the Federative Republic of Brazil, the reduction of regional inequalities. The development has also been included as a purpose from the State, because there is an straight relation with the reduction of regional inequalities. In both situations is searched the improvement of people s living conditions. . In pursuit of this achievement, the State must implement public policy, and, for this to happen, it needs the ingress of income inside of the public coffers and support of economic agents, therefore the importance of constitucionalization of the economic policy. The 1988 s Constitution adopted a rational capitalism regime consentaneous with current legal and social conceptions, that s why it enabled the State s intervention into economy to correct the so-called market failures or to make the established objectives fulfilled. About this last one, the intervention may happen by induction through the adoption of regulatory Standards of incentive or disincentive of economic activity. Among the possible inductive ways there are the tax assessments that aim to stimulate the economic agents behavior in view of finding that the development doesn t occur with the same intensity in all of the country s regions. Inside this context there are the Export Processing Zones (EPZs) which are special areas with different customs regime by the granting of benefits to the companies that are installed there. The EPZs have been used, by several countries, in order to develop certain regions, and economic indicators show that they promoted economic and social changes in the places where they are installed, especially because, by attracting companies, they provide job creation, industrialization and increased exports. In Brazil, they can contribute decisively to overcome major obstacles or decrease the attraction of economic agents and economic development of the country. In the case of an instrument known to be effective to achieve the goals established by the Constitution, it is duty of the Executive to push for the law that governs this customs regime is effectively applied. If the Executive doesn t fulfill this duty, incurs into unjustifiable omission, correction likely by the Judiciary, whose mission is to prevent acts or omissions contrary to constitutional order

Regulação do livre acesso no transporte de gás natural à luz da ordem econômica da Constituição de 1988

In the middle of modern social changes produced by globalization and capitalism, several markets have changed. States have left the direct coordination of these markets (chiefly public utility sector in the form of monopolies), introducing regulation in order to promote competition. These changes have affected natural gas industry by promoting competition as a key factor to the development and the increase of firms in this market. The regulatory reform of natural gas industry ocurred in EUA and Europe Union and it has produced its first results. In Brazilian context, Constitutional Amendment nbr. 09 and Federal Law nbr. 9.478/97 ( Petroleum Law ) opened the natural gas market to a broad range of private economic agents and they finished the monopoly over the industry before managed by Petrobras. The new regulatory framework of Brazilian natural gas industry has designed competition as a central element to the new form of managment of business and contractual relationships of this industry. Among the regulatory instruments, open access regulation in natural gas pipelines is directed to promote competition. The questions arised about its implementation in Brazilian context are studied in the present work, in which it is discussed the constitutional rules and principles are to be applied to the open access regulation within the theme of statal regulation of economy present in constitutional economic order

Mercado de trabalho e estrutura sócio-ocupacional: estudo comparativo entre as regiões metropolitanas de Fortaleza, Recife e Salvador 2001-2008

The economic transformations in the world, the end of World War II, listing significant changes in production structures and labor market in the world. Initially developed countries realize these changes and subsequently developing countries. The changes in production patterns, especially with the crisis of Fordism, peripheral countries further accentuated the problems in the workplace. Flexible accumulation, in turn, was responsible for significant changes in the labor market at the periphery of global capitalism. This restructuring process, in Brazil, begun from the end of the 1980s and early 1990s, being more accentuated the impacts on the labor market in the poorest regions of the country, particularly the Northeast. In that sense, this thesis aims to evaluate the job market in the metropolitan areas of Fortaleza, Recife and Salvador in light of the transformation process in the production structures and labor market and its influences in the 2000s. The time frame are the years 2001-2008. Data are from the National Household Sample Survey - PNAD and were drawn from the study proposal developed by the Centre of the Metropolis. The study shows that the labor market of the three metropolitan areas continues to be affected by the restructuring process of the late twentieth century. It found high rates of unprotected busy at work is more precarious conditions of employment for non-whites, women, adolescents / young and old. We also highlight the high percentage of employed persons earning income up 1.00 minimum wage, and a large number of persons employed in the tertiary and tertiary non-specialist. With the picture observed in the three metropolitan areas you can see the major problems in the labor market that proliferate, especially in the metropolitan context of the Northeast, with characteristics similar to those observed in the literature that investigated the labor market in 1990

Terceirização versus agenda do trabalho decente : estudo de caso a partir do Banco do Brasil s.a. na Paraíba

This Dissertation examines outsourcing in Bank of Brazil SA, the state of Paraiba. The central research question is to what extent this flexibility of labor relations incorporates items claimed by ´recent´ Decent Work Agenda of the International Labour Organization (OIT) or, on the contrary, the ´epidemic´ of outsourcing makes it even more challenging the world of work in the third millennium. The research hypothesis is that the Bank of Brazil has a growing subcontracting / outsourcing of labor (companies and individuals) and that not only contributes to the deterioration of working conditions, but also opposes the Work Agenda decent. Aiming to prove or disprove the hypothesis, the study includes a survey and secondary field. The literature review focuses on the trend towards casualization of labor in capitalism, and yet, in an effort to systematize data and analysis on ´outsourcing´ from the viewpoint of different actors. This theoretical framework is anchored in important classical sources and present that address the topic in the world and in Brazil. The field research was conducted with the actors related to the theme of ´outsourcing´ the Bank of Brazil - Paraiba, precisely branch managers, permanent employees of the bank, union representatives (bank workers), union bank and outsourced. The results confirm, in part, the study hypothesis, by demonstrating that there are several meanings and forms of precariousness that the contractors surveyed are submitted, highlighting the issue of salaries, the work environment, union representation and health worker. All these themes, each for himself, are contemplated by the Decent Work Agenda of the ILO and show, according to field research, rather fragile

PLANFOR: política compensatória para a inclusão na informalidade?

Study about the national politics on the professional education, under responsibility of the brazilian Work Department in 1990 years. Purposes to apprehend the results of the actions of the professional education in a basic level, offered by the National Plan of the worker qualification ( PLANFOR ), as well as the effects on the assisted exits, starting from the experience appreciated on the Plan of Qualification developed in the state of Maranhão between 1996 to 2000. It adopts a theoretical-methodological conception by an ontological nature, if being worth of categories as the one of totality and of mediation that together, makes possible the apprehension of a dialectical movement that happens among the analysis object, the professional education politics in a basic level, performed by PLANFOR and your context, the underdevelop and heterogeneous Brazilian capitalism and the consequent job market generalized precarious and informal, making possible that the reality investigated become to understood rationally. This paper uses the indirect documentation technique, instruments of the bibliographical research and documental research. This study is based on those that aren´t part of PLANFOR, qualified by professional education courses in basic level,they didn't get to be inserts at the formal job market, just occupying precarious occupations in the informal job market. Aims to presents and discusses the productive process and your restructuring globally in progress. It focuses at the impacts on the workers, the precariousness of the work that appears like a new phenomenon calls new informality. Talks about the particularity process of productive restructuring assumed in Brazil highlights, showing that the informality, was always a structural phenomenon in the country. Discusses about the professional qualification in the contemporary capitalism, specifying some of your theses. Shows in a historical view the process of appearance of the employment notions and competence, and the influence that it exercised on the reforms of the basic and professional education, as well as the implications of both in the politics of professional education in the country. Rescues the process of creation of PLANFOR, your official formulations and your organized bases, starting from the second half of the 1990 decade. Shows yet the continuos changes in the job market of Maranhão state, for after, starting from the reports expresses at the Plans of Qualification from the state, elaborated by the Group of Evaluation and Studies of the Poverty and the Politics addressed to the poverty from the Master degree Program in Public Politics, from the Federal University of Maranhão, analyzing the acting of PLANFOR in the State, your probable deficiencies, as results the changes verified in the conditions of occupation and the gains of the exits from the professional education courses in basic level

Relações entre mídia e lazer:o capitalismo, os meios e a apropriação do tempo livre nas sociedades industrial e pós-industrial

This research aims to understand the relationship between media, capitalism and ownership of free time for leisure practices in industrial societies and postindustrial. Searching is thus a conceptual framework that takes into account the kind of ideology that naturalizes the relationship of leisure with the foundations of contemporary media, and the media only with leisure, forgetting their insertion in the labor and industrial relations in society. We intend to demonstrate that every mode of production, in the capitalist system, entails a mode of reproduction. Methodologically, this is a first approximation, from theoretical concerns already performed, constituting a theoretical research, bibliographic and descriptive character. The results of the text drives us to the conclusion that the work and leisure spheres tend to be less and less differentiated, since both remain as activities of product management with the same intellective protocols, based on information and communication technology, and that accordingly, the media favors an expansion of productive activity even during leisure time

Habitação e modernização: Cidade Nova e maneiras de viver em Natal no início do século XX

Analyses the presence of new standards of habitation detected in the construction of the region called Cidade Nova, in the first s years of the XX century. Associates the presence of these new patterns with the historical moment lived by the capital, marked by the urban modernization and by the changes of local life. Map voices that, introduced by the republican groups since 1889, pronounced the overcome of the old city of the XIX century asseverated a new model of town. Make use, as fundamental fonts of research, of the urban chronicles produced by the local intellectuals and the newspapers, like A República. Dialog with chronics that includes since propositions about the colonial past until the preoccupations about the acting of the State on how to order the public space. Identifies on those texts the political motivations and the elements whose where inherent to capitalism that accelerated the changes occurred in the urban space. Demonstrates the gradual occupation of Cidade Nova as an important modification happened in the city from that time on. That neighborhood adopted a new model on how to construct the houses of their citizens and helped to promote the urban life as a whole. From now on, Natal has a space meant for the home of their richest families. Recognizes, from many ways, many discourses, manners of living that was legitimized by the changing of the XIX to the XX century and has his highest point in the 1920´s. And it was representative of the strong attachment about the habits of refinery and order in the essence of the private life of the local urban elites

Ocidentalização, territórios e populações indígenas no sertão da Capitania do Rio Grande

The objective of this work is to understand some of the modifications caused for the phenomenon of the westernization in the hinterland of the Capitania do Rio Grande e in the life of the indians populations that inhabited there during the Colonial Period. We break of the quarrel of Serge Gruzinski concerning the westernization, understood while immersed phenomenon in the context of the expansion of the commercial capitalism and that, for the imposition of the culture occidental person to the alteridades of the New World, emprende the conquest of its territories, bodies and souls. The space clipping has covered the hinterland of the Capitania do Rio Grande, specifically the colonial territory of the Freguesia da Gloriosa Senhora Santa Ana do Seridó. The chosen chronological limit for the research corresponds to the Colonial Period and part of the Imperial one. However, the emphasis falls again on the period that it initiates in 1670, year of the oldest concession of would sesmaria known until the moment in the hinterland of the Rio Grande, extending itself until the decade of 1840. Sources of written by hand nature, cartographic printed and compose the used document roll: official correspondence and legislation, petitions of would sesmaria, inventories post-mortem, justifications of debt, registers of parish, maps, action civil court jurisdiction, notes of notary's office, land landmarks. We take the method, analyzed for Carlo Ginzburg, to cross these sources between itself and to detect its implied particularitities and ideas in the space between lineses, but, attributing it status to they of a colonial speech, fruit of the bureaucracy of where it was originated and of the social place of who produced it. We look for to demonstrate, throughout the work, that the phenomenon of the westernization desestruturou the aboriginal societies and its habitat, constructing, over its rubbles, a colonial territory that found in the cartography of the Freguesia de Santa Ana an efficient instrument of control of the space and the population. On the other hand, if the imposition of the culture occidental person exterminou great part of the native population that inhabited the hinterland of the Rio Grande, the remainders of these indians and the mestizos of descending them had survived in diverse ways in the freguesia: in the condition of captives of war or in regimen of servile work, as living or assistants in the farms, populations and village; rambling without route in the fields and the population spots; as mediating agents between the world occidental person and the native, exerting military or civil positions and still appealing to Justice in search of its rights of inheritance. Experiences of slavery, servitude, errância and mediation, but, also of resistance, adaptation, mestization in the Freguesia de Santa Ana

Arranjos urbanos e subjetivos contemporâneos na invenção de territórios turísticos

We seek consistency empirical and analytical rigor to the concept of touristification in the course of the contemporary arrangements of subjectivity and urbanity stations through a landscape of social (dis)encounters between residents and foreigners living in the capital of Rio Grande do Norte, Natal. In the last three decades the city has become a major destination country for national and international tourism, making tourism an important monitor of choreography in search of synchrony between cities and subjectivities, orchestrated by the cyclical crises and the relentless battle for systemic capitalistic expansion and survival. We proceed with an ethnographic and cartographic inspiration in Ponta Negra, where the waterfront redevelopment in 2000 conducted by the government, influenced the implementation of various establishments, services and practices related to the construction of Natal s major industry hub of tourism and entertainment. We proposed an arch-genealogy of touristification inspared on Michel Foucault analytical perspective, increased by authors in confluence or in different theoretical and methodological approaches, among which stand out Karl Marx, Gilles Deleuze and Felix Guattari, Michael Hardt and Antonio Negri. The reflections that initially turned to the advancement of the sphere of consumerism as the issue capable of articulating the developmental trajectory of the capitalist system and the practice of tourism, promoting some effects (un)desirable in the conflictual dynamics of the condition of the district of Ponta Negra, territory each again (re) produces the designs to meet the consumption by affluent portion of the population and foreign, encountering social exclusion and inclusion differentiated a growing trend. We go forward with an analysis of the "liberation of desire" phenomenal features of the process of producing subjective, providing a breakdown of the recent world s financial crisis initially, but proved social and political crisis also, through a plot derived from the operation of real estate speculation, which Natal is mainly caught through touristification, showing the outlines of a generalized crisis in establishing a new order buoyed by the emergence of a context "biopolitical" since it is a major route that uses the capital to survive and expand, while guiding the process of "strategic beautification" held in Ponta Negra, problematized by us. We conclude by assessing the appropriateness of proposing on further analysis to explore the establishment of a "new social ontology in terms of interference touristification ongoing and the constitution of a "new order" local/global, away from that characterize a system's capitalist overcoming, try to give emphasis in the current stage of the radicalization of a capitalistic utopia

O adolescente em conflito com a lei e a escola: criminalização e inclusão perversa

This study aims to identify the relation between adolescents in conflict with the penal law, who were convicted to assisted freedom (a socio-educative measure applied by the Juvenile Justice system as a sanction to adolescent offenders), and the school. The research was developed in the Community-based Assisted Freedom Program of Pastoral do Menor , in Fortaleza (capital city of Ceará State, Brazil). The study has engaged 21 adolescents, eight program professionals, three members of the Center for Defense of Child Rights in Ceará, five teachers and eight school principals and education managers from the schools attended by the adolescents in the neighborhoods of Pirambu, Tancredo Neves, Jardim Iracema e Bom Jardim. It intends, based on dialectical and historical method, to define the investigated adolescents as persons with a very singular insertion into the social structures of neoliberal capitalism. Their adolescence is subject to consumerism appeals, to the limits imposed by these appeals and to perverse ways of insertion in the system, such as criminalization, segregation and marginalization. It reveals that the school attended by the adolescents reproduces such conditions of insertion. At the same time, these conditions are elements of identity, by which the adolescents are characterized.

O ambiente de trabalho no setor bancário e o bem-estar

Wich the big transformations at the world of labor, thus as the appearing of the negatives psicologicals consequencies? Publications in books and articles about the health of the workers have been seen in the last 40 years, pointing at the increase of occupational ills, increase of the absenteeism, reach the redation between the labor and the family. With the appearing of the neoliberal sistem, changed all the net of relations, thus as the temporary labor contract, the flexibility at the work timetable, and others, that privilege the capitalism, in detriment of the worker health. It was given emphasis to the banking worker, in time that the banks and the banking agencies were one of the departaments that more suffered the impact of the productive restructuring at the last years. 200 bank clerks shared the search, in that 41,9% was female and 58,1% was male, 60,9% presenting a civil state married, following of 28,4% of single. The participants answered the following instruments: Scale of Positives and Negative Kindness, General Health Questionaire GHQ 12, Scale of Organization, Conditions and Labor Relations, Scale of Desire (own authorship), Scale about economic situation and a social-demographic record car. With the objective of trying the instruments of measure, it was checking the psychometric parameter of the search scales. We could verify that it has been more positive than negative ones for the mental health, but it was found some kind of depression and unsatisfied with their lives in some pieces of the sample. We can finally say that the work place has an impact at the mental health of the bank clerks. So, some interventions actions to promote the worker health could be essential

A escola enquanto espaço privilegiado de construção de "meninos de verdade" :concepções e valores atribuidos a essa instituição por crianças pobres

The intention of this study was to identify the school conception (conceptions) in the discourse of poor children. There were inquired two groups of subjects: the first was composed of children that inserted precociously themselves into the work market and must to go to school because they take part in one of the governmental programs, called, minimum income programs. The second will be composed of children that live in the poorest district in Natal/RN city. And don´t have obligatoriness to go to school. Thus, thematics like precocious work, minimum income program, capitalism, neoliberalism was aproached in our discussion. We also intended to make a illustrate with Pinochio Adventures fable, because its conception school is similar like real official discourse school from everybody. In cited narrative, the character Gepeto didn t know what s a truth child but knows that exist a place in city where his maledoll Pinochio would be one the school. Thus, this institution was destine by the justice and politics from Gepetos s city how children right. Pinochio, in the book s end, to be transformed himself in a truth child because learned in school responsible and goodness behaviors. To uphold our inquiry we used the Content Analysis and socio-historical perspectives. The result showed that the children know that exist differents schools: yours and other, to rich class. Their school is admited like good, it is a study place, it isn´t disorders place; and also make propotional to social ascencion. The children s discourses is similar to capitalism s discourse

As pessoas com deficiência no mercado de trabalho: expressão das desigualdades sociais

This work was developed in the extent of the Post Graduation Program in Social Service of the Federal University of Rio Grande do Norte. It talks about the process of inclusion of the disabled people in the Job market in Mossoró-RN, bringing for the academic debate relevant thematic for the Brazilian society, for the profession of Social Service and similar areas and for the people with deficiency. It has the objective to apprehend the determiners that make possible the process of the disabled people's inclusion in the Job market in Mossoró, having as parameter the National Politics for the Integration of People Bearers of Deficiency. The critical theoretical perspective is backed in Marx's ideas for the understanding concerning the work, as well as in Pochamann, concerning the job market, regarding the exclusion/inclusion category is based in Martins, Yasbek and Sposati and on deficiency in the National Politics for the Integration of the Disabled People. The research is of qualitative nature and it took as subjects 26 (twenty-six) people, being 09 (nine) people with deficiency, inserted in the formal job and regulated market, and 17 (seventeen) managers of private companies and public institutions of the city of Mossoró-RN. For the collection of data we used techniques of nonsystemic observation, semi-structured interview and documental analysis. The results of the research mark that any modality of the human workforce used in the current context, they are functional to the capitalism and they move forward towards exploration, alienation and subordination of the work to the capital; the National Politics for the Integration of the People with Deficiency expresses and reproduces the contradictory dynamics of the class society, it reflects the neo liberal shades through the selectivity and of the articulation among the federated beings and organizations of the civil society for its operational system; there is a misproportion between the percentages of the quotas and the amount of people with deficiency inserted in the job market, just corresponding to a tiny numeric magnitude; the developed activities are of low social status and it is expressive the amount of workers that receives between one and two minimum wages. These data drive us to infer that the mentioned politics make possible, partly, the inclusion of the disabled people in the job market, though, such inclusion is executed in the selective or focused dimensions, marginal, precarious and unstable

O cotidiano do(a) Assistente Social frente as demandas apresentadas pela paciente portadora do câncer de mama em tratamento no Hospital Doutor Luiz Antônio em Natal/RN

This work deals with an analysis related to the social worker s practice in the oncology area. It aims to identify demands, work conditions as well as current challenges related to this profession. It considers the specificities of breast cancer and relates it to political decisions in the health sector considering the concept of contemporary capitalism. The study analyzes professional action and the demands presented by breast cancer patients who are currently in treatment in Hospital Dr. Luiz Antônio em Natal-Rio Grande do Norte-Brazil. The methodological procedures considered of documental analysis, semi-structured interviews (with two social workers that work with fifteen breast cancer patients) as well as participant observation; which was done counting with my own professional practice in the oncology area. Thus, the research also discusses the breast cancer issue in the life of the users considering their social-economical, cultural and political determinants. Factors such as age in which the diagnosis was known, the relation user/social workers, number of children, rights of the oncology patient, place where he/she lives, education, civil status, (re)insertion of the professional in the work field, perception of self-esteem and bio-psycho-social representation of breast cancer in the lives of these women, all of which were dealt with in this research