Entre o pavilhão e o inferno: trajetória dos meninos infratores no CEDUC Pitimbu

Cet étude est une recherche sur les significations imaginaires de la violence pratiquée par des jeunes délinquants ou à laquelle ils sont soumis, dans la condition de confinés chez le Centre Éducationnel CEDUC/PITIMBU, lieu où l investigation a été faite. Dans la mésure où le sujet de la violence se présente plein de manifestations, nous proposons ici une réflexion sur l imaginaire de la production théorique sur la question et en même temps nous nous proposons identifier jusqu à quel point les diverses visions scientifiques établient un savoir qui finit par limiter une conception plus complexe et profonde des réseaux de la violence. Le parcours théorique et méthodologique realisé nous a permis concluire que certaines interventions finissent par renforcer des situations limites vécues à l intèrieur du Centre par les jeunes déliquants. Parmi d autres aspects, nous traitons de l espace de l institution, leurs objectifs, routines, aussi bien que sur les principaux expressions de la violence qu apparaissent dans les récits des jeunes. Nous traitons de leurs origines socioculturelles, en signalant les milieux d oú ils viennent et leur vie quotidienne. Ainsi, nous traitons d analyser les éléments de la culture constituée, les valeurs, la « loi de plus fort », le pouvoir, le courage, la peur, l astuce, la sagesse et les rêves. Nous remarquons aussi la notion de « destin » qui renvoie à l idée que le crime et la mort sont inéluctables. Nous nous occupons de réfléchir sur le rôle de l institution dans le renforcement de la violence et dans la reproduction de valeurs sociales. Dans cet étude, nous utilisons l analyse des trajectoires de vie des jeunes délinquants pour comprendre la réalité de la violence à laquelle ils sont soumis

O Jeito nordestino de ser globalizado

This work discusses the impacts of the globalization in the Brazilian northeast culture, specifically in the popular field. The background of theses reflections is the carnival festivities in Recife-PE. In this context, attempts to changes as well as resistance to them maintaining the cultural values and the popular manifestations take a new dimension, presenting different ways of being nordestino. The option for the context of the carnival festivities is due to its significance to the people of this place, particularly as it is a space in which people represent themselves. The work presents a version of the history of carnival in Recife, identifies some manifestations that comprise it, analyzes its changes and shows the process of valuing the local culture in the latest years of the 20th century. The research also reveals how the popular culture assumes a functional and dynamic character where the themes of the popular traditions are being reworked. This process allows not only the survival of the local culture, but also the resistance against the capitalist project to construct a global culture and its uniform character. Even though the carnival festivity has become a mega show, composing a market design, it is still a space to construct differences and see the other. Lastly, for the people of that region, it is a space of fighting for a place in the international panorama

Mortalidade infantil e condições socioeconômicas nas microrregiões do Nordeste Brasileiro

The study aims to answer the following question: what are the different profiles of infant mortality, according to demographic, socioeconomic, infrastructure and health care, for the micro-regions at the Northeast of Brazil? Thus, the main objective is to analyze the profiles or typologies associated mortality levels sociodemographic conditions of the micro-regions, in the year 2010. To this end, the databases of birth and death certificates of SIM and SINASC (DATASUS/MS), were taken from the 2010 population Census microdata and from SIDRA/IBGE. As a methodology, a weighted multiple linear regression model was used in the analysis in order to find the most significant variables in the explanation child mortality for the year 2010. Also a cluster analysis was performed, seeking evidence, initially, of homogeneous groups of micro-regions, from of the significant variables. The logit of the infant mortality rate was used as dependent variable, while variables such as demographic, socioeconomic, infrastructure and health care in the micro-regions were taken as the independent variables of the model. The Bayesian estimation technique was applied to the database of births and deaths, due to the inconvenient fact of underreporting and random fluctuations of small quantities in small areas. The techniques of Spatial Statistics were used to determine the spatial behavior of the distribution of rates from thematic maps. In conclusion, we used the method GoM (Grade of Membership), to find typologies of mortality, associated with the selected variables by micro-regions, in order to respond the main question of the study. The results points out to the formation of three profiles: Profile 1, high infant mortality and unfavorable social conditions; Profile 2, low infant mortality, with a median social conditions of life; and Profile 3, median and high infant mortality social conditions. With this classification, it was found that, out of 188 micro-regions, 20 (10%) fits the extreme profile 1, 59 (31.4%) was characterized in the extreme profile 2, 34 (18.1%) was characterized in the extreme profile 3 and only 9 (4.8%) was classified as amorphous profile. The other micro-regions framed up in the profiles mixed. Such profiles suggest the need for different interventions in terms of public policies aimed to reducing child mortality in the region

Análise jurídico-constitucional do fomento aos campos maduros de produção de petróleo no Brasil

The oil activities in Brazil had been started in an intensive way in the end of the 30 s and in the beginning of the 40 s. Many of the brazilians fields discovered in the past are nowadays in decline. They are called ―mature fields‖. These fields, because of the decline situation that characterizes them, are not interesting for the majors. The majors want the big fields and big productions. On the other hand, they could be interesting for the small and medium enterprises. The mature oil fields are instruments of development, they have oil and the oil production is an activity connected with many social and economics benefits: jobs, taxes, royalties, etc. The Brazilian State, in this context, needs to realize actions to promote the activities in the mature oil fields, especially with the work of the small and mediums enterprises. Many of the onshore brazilian mature fields are located at the Northeast, a region matched by many social and economic problems. The activities in the mature fields of the Northeast Region could solve some of its problems. The present research analyses the mature oil fields and its situations in Brazil, making criticisms and suggestions. The methodology adopted is theoretical and descriptive, with literature review, case law and legislation (Constituição Federal de 1988, ―Law of the Oil‖). This research examines the following points: mature fields rounds and its documents, name and definition of the mature fields, definition of small and medium enterprises, environmental aspects, concentration of certain activities of the sector and the royalties

DEVIDO PROCESSO LEGAL E PROCESSO ADMINISTRATIVO SANCIONADOR NAS AGÊNCIAS REGULADORAS

This paper discusses the growing attention that, over the last decades, has been given to the administrative procedure in Administrative Law, as it also highlights the procedures which are in tune with the new trappings of this legal field. It focuses on the sanctioning competence of regulatory agencies, notably what concerns the procedural guide that conditions its exercise. It aims at gathering varied elements, many times dispersed over the legal system, so it is possible to list, with a satisfactory degree of detail, the procedural constitutional guidelines which are indispensable to the sanctioning of private entities through punitive action by regulatory agencies. It highlights the due legal process clause, for the abundance of the protective set there is around it, as a guiding constitutional principle for the application of sanctions by regulatory agencies. It examines the repercussion of the constitutional principle of the due legal process on Administrative Law, focusing on the most relevant principles on which the first unfolds itself. It analyzes, in light of the due legal process principle, the sanctioning administrative procedure developed in regulatory agencies. In conclusion, it is asserted that there is no room, in the Brazilian legal system as a whole, for sanctions to be applied summarily; that there reigns, in our system, an absolute presumption, dictated by the Constitution, that only through regular procedures can the best and fairest decision, concerning cases in which the rights of private parties could be affected, be taken by the public administration; that, respecting the principle of the right to a fair hearing, it is indispensable that there be motivation of a decision that imposes a sanction; that there should be, in homage to the principle of full defense and for the need to preserve the autonomy of the regulatory party, an appeal court in every agency; that the principles listed in the federal law No. 9.784/1999 should be mandatorily monitored by the agencies, for this is the only alternative consistent with the Constitution

Desenvolvimento Urbano e Cidades Inclusivas: Estudo Analítico do Princípio Constitucional da Função Social das Cidades

The reality of Latin America points out that the industrialization and urbanization are complementary processes associated each other. Thus, by consequence of the demographic growth, observes the aggravation of an urbanization completely disordered and without infrastructure capable of guaranteeing rights and basic services to the population. In parallel, the dissemination of information, the valorization of human dignity, promoted by social welfare, and expectations of consumption aggravates the tensions among social actors, leading to the Theory of the Right to Development to worry about the (re)construction of cities. Before this reality, the Federal Constitution of 1988 proposed a participatory urban policy, grounded in the ideal of confrontation of social exclusion of a more comprehensive, represented by the principle of the social function of cities, which must be stratified into four inclusion´s central axes, namely: the social in the strict sense, the economic, the cultural and the policy. The Analysis of each of these dimensions, keeping the focus on reality and the Brazilian legal system, composes specific objectives of this work. Thus, through deductive research, with use of technique bibliographical and interdisciplinary, this dissertation aims to make connections between social function and development, proposing an analytical concept for the proposing an analytical concept for the principle of social function of cities, through the study of its basic elements. With this, purports to demonstrate how results, firstly, that the juridical study, to fully understand the process of marginalization, must maintain multidisciplinary perspective, own social sciences. Also aims to demonstrate that the dimensions of inclusion are formed by fundamental rights, individual and collective, of liberties and of social guarantees and that without respect to all of them there is no way to talk about implementation of urban development and nor, consequently, about inclusive cities. At the end, after checking the main legal instruments of urban policy that emphasize the community participation, provided for in the Statute of the Cities, and that potentiate the breakup of the circles of exclusion, the work want contribute to the clarification and the awaken to the importance of a new perspective democratic of development in the country, grounded in the appreciation of the individual for realization of modern management, decentralized and that, therefore, inserts the effective participation of urban communities in the acting of the State

Democracia brasileira: fortalecimento da participação popular

A democracia tem representado ao longo da História o mais perfeito mecanismo político de convivência social, encontrando na soberania popular seu fundamento e legitimidade. De berço grego, instituiu-se sob princípios que radicavam o poder político no povo, exercido diretamente na ágora ateniense. O iluminismo dos séculos XVII e XVIII reacendeu o ideal democrático, encontrando no positivismo sua base teórica. O poder passou a ser exercido por via de representantes eleitos periodicamente. O locus da atividade política era o parlamento, ambiente fechado e refratário à participação popular, cingida, à época, ao voto do cidadão nos períodos eleitorais. O distanciamento entre governantes e governados gerou déficit de legitimidade no modelo liberal clássico, levando o constitucionalismo do século XX a abandonar o rigor formal positivista, para adotar uma nova hermenêutica, de base axiológica e centrada na participação direta do povo nas instâncias do poder. A Constituição Federal de 1988 compendiou a democracia participativa em seu texto, declarando no parágrafo único, de seu artigo 1º, que todo o poder emana do povo. Consagrou como base da soberania popular o sufrágio universal, o voto direto, secreto e de igual valor, além do plebiscito, do referendo e da iniciativa popular de leis. Garantiu ainda a ação popular como ferramenta de cidadania. A participação popular foi restringida com o advento da Lei nº 9.907/98, que impôs bloqueios processuais para seu exercício, gerando déficit de legitimidade no sistema representativo brasileiro. O propósito desse trabalho é demonstrar a necessidade de se estabelecer um novo espaço público na ordem constitucional do Brasil, de textura aberta e dialógica e de perspectiva emancipatória, que customize a participação do povo nas instâncias do poder, a partir da desburocratização dos instrumentos de soberania popular já existentes e da adoção de outros institutos democráticos semidireto, notadamente a iniciativa popular de emenda à Constituição, a revogação de mandato eletivo e o veto popular

Parâmetros de concretização judicial do direito fundamental à saúde no fornecimento de medicamentos

In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health

O licenciamento ambiental pelos municípios: uma análise sobre o federalismo cooperativo adotado pela Constituição Federal

In complex federal systems as that found in Brazil, which provides simultaneous attributions to of the Union, States and Cities in many aspects, the definition of performance limits of each of these entities, in procedural or material aspect, generates many (positive and/or negative) competence conflicts, bringing insecurity to general administered. Environmental licensing is one of the most important instruments of environmental management, seeking the realization of the fundamental right to an ecologically balanced and sustainable development. Despite its importance, the environmental licensing has not been more effective due the conflict related to the authority to regulate regardind environmental law. This essay will analyze the structure of competence distribution for conducting the environmental licensing processes, the conflict between laws, the performance of the municipal environmental agencies, the cooperation between the licensing agencies and the future about the additional regulatory law of article 23 of Federal Constitution

Nacionalização do trabalho e constituição: análise das regras de nacionalização do trabalho à luz do princípio da isonomia

There is a clear relationship between citizenship and labor market. While foreign nationals are equal in dignity and rights in the laws governing the employment of this labor force. Motivated by reasons of state security or political direction, such laws to a greater or lesser degree, create establish a system of worker protection in the face of the foreign national. These rules have a direct impact on economic regulation, as they can affect the supply of skilled labor or not, articulating with the economic order envisaged by the 1988 Constitution. The Constitution adopts several principles in its economic order, so that the issues involving the rules of the nationalization of all work must be considered in a systematic way, one can not choose a pleasure interpreter. The nationalization of the work rules are not unique to Brazil, similar rules exist in several countries of South America and Africa. In Europe they already existed, but lost out on the basis of treaties setting up the European Union, although other mechanisms are used for the purpose of protecting the citizens of the member states, making policies equal treatment legislation symbolic. The nationalization of the work rules governing the relationship between nationality and the labor market and are in a legal category, which has a function to fulfill in the Brazilian legal system. Not all rules nationalization violate the principle of equality, as it is possible, depending on the circumstance indeed adopt a criterion that implies differentiation between nationals and foreigners. The Constitution has a will arising from its normative force, so that the assumptions it (constitution) used to discriminate may also be possible by ordinary legislation, since the situation is actually justifiably constitutional

Estrutura genética populacional de Heliconius erato e Heliconius melpomene (Lepidoptera: Nymphalidae) em fragmentos de Mata Atlântica do Rio Grande do Norte

Extensive studies using molecular markers on butterflies have shown how a highly fragmented landscape may result in the reduction of gene flow among patches of habitat and, consequently, increase genetic differentiation among populations. However, little is known about Heliconius geographical structure and the effects of fragmentation on the connectivity of populations. Furthermore, findings on the effects of the population structure on the dynamics of mimicry evolution in Heliconius butterflies need to be tested in H. erato and H. melpomene specimens found in other locations other than Central and northern South Americas. For the present study, we had two motivations: (1) compare the population structure of H. erato and H. melpomene given the highly fragmented Brazil s Atlantic Forest habitat; and (2) studying population structure of co-mimics could give us insights into the dynamics of mimicry evolution. For this, we analysed the spatial structure and connectivity of eight populations of Heliconius butterflies, in a total of 137 H. erato specimens and 145 H. melpomene specimens, using nine microsatellites loci, 1144 AFLPs markers and 282 mitochondrial DNA sequences. In general, both species exhibited evidence of population subdivision but no isolation by distance indicating some extent of genetic differentiation among populations. Contrary to Kronforst & Gilbert s (2008) Costa Rican Heliconius, H. melpomene exhibited more genetic differentiation than H. erato based on nuclear markers. However, for mitochondrial DNA, H. erato populations showed more genetic differentiation than H. melpomene. Our results corroborate to other studies on Heliconius butterflies concerning the pronounced population subdivision and local genetic drift found in this genus. Nevertheless, the pattern of this differentiation varies significantly from the pattern found in studies conducted in Central America, where H. erato is generally more differentiated and structured than H. melpomene, based on nuclear markers. This different pattern may reflect different evolutionary histories of Heliconius species in Northeastern Brazil s Atlantic Forest

Avaliação da atividade turística sobre a composição e a distribuição das macroalgas marinhas nos recifes de Pirangi (Rio Grande do Norte, Brasil)

The reef area of Pirangi beach has been experiencing antropogenic actions, mainly due to tourism activity. In order to evaluate these effects, surveys on seaweeds were conducted at nine stations located over the fringing reef. Benthic community (seaweeds/corals) were identified using the photoquadrat method, with 50 meters random transects located paralleled to the coast. The general categories evaluated in each transect were: rock, sand, seaweeds, corals and mollusks. Data achieved were processed at Coral Point Count with Excel Extensions software. A total of 30 seaweed species, 5 coral species and 1 mollusk species were identified. There was a high dominance of short algae at stations with high tourism pressure, whereas frondose algae usually occurred at places without human interference. Seaweeds with the highest percent cover were composed by Sargassum vulgare (59%), Caulerpa racemosa (47%) and Dictyopteris delicatula (33%). Cluster analyses considering benthic organisms revealed five benthic features: (1) submersed area characterized by a diversified marine flora; (2) area with dominance of Caulerpa racemosa and presence of Millepora alcicornis; (3) area with high cover of Sargassum vulgare; (4) trampling area characterized by bare rocks, short algae and Zoanthus sociatus and (5) area with high coverage of Palythoa caribaeroum. Obtained data suggest that the studied area has been damaged by tourism activities. Furthermore, observed differences in algal communities may be a good indicator of ecosystem health of Pirangi reefs

Análise dos remanescentes de mata atlântica do Estado do Rio Grande do Norte : uma perspectiva em alta resolução

The habitat loss and fragmentation are considered the main threats to the biodiversity. These threats operate at the landscape level, which drives the need to manage entire landscapes, not just its components. Although systematic monitoring of the Atlantic Forest biome has been ongoing since the late eighties, current data on forest fragmentation for the sub-region of Pernambuco are practically nonexistent. This study aimed to map out, with high spatial resolution, the remnants of Atlantic forest in Rio Grande do Norte, and conduct a landscape level analysis. The results show that the landscape is highly fragmented, where about 13.6% to 17% of biome remains. Most of the fragments is less than 10 ha, while a few fragments have area larger than 100 ha. Although the high degree of fragmentation, the average distance between fragments found was small (128 m), this estimate is lower than has been observed for the biome (1440m). There is evidence that abrupt changes in the quantification of landscape structure can occur when one observes the fragmentation at high spatial resolution. The results presented here can be used in management actions, in order to make the scenario more conducive to maintaining biodiversity.

Movimento de borboletas frugívoras e conectividade funcional em uma paisagem de Mata Atlântica

An organisms movement within and between habitats is an essential trait of life history, one that shapes population dynamics, communities and ecosystems in space and time. Since the ability to perceive and react to specific conditions varies greatly between organisms, different movement patterns are generated. These, in turn, will reflect the way species persist in the original habitat and surrounding patches. This study evaluated patterns of movement of frugivorous butterflies in order to estimate the connectivity of a landscape mosaic in an area of Atlantic Forest. For this purpose, we used the capture-mark-recapture method on butterflies trapped with fermented fruit bait in three distinct habitats. The first represents a typical Atlantic forest fragment, while the other two represent man-made matrix habitats. One contains a coconut plantation and the other a plantation of the exotic Acacia mangium species. Five traps were randomly placed in each landscape unit in areas of 40 x 40m. Using recapture data and relating it to distance between captures and habitat structure, I found that movement frequencies, both within and between landscape units were different for the analyzed species, suggesting that they do not interpret and react to the landscape in the same way. Thus this study was able to measure landscape functional connectivity. For most species, the exchange between forest and coconut plantations occurred with low frequency compared to exchanges between the forest and acacia plantations, which share more structural similarities. This seems to indicate that a matrix that is more similar to patches of native vegetation can shelter species, permit their movement and, consequently, contribute to the landscape connectivity

Determinantes locais da decomposição foliar e de raízes finais em um ecossistema semiárido do nordeste brasileiro

The decomposition process exercises an extensive control over the carbon cycle, affecting its availability and nutrient cycling in terrestrial ecosystems. The understanding of leaf decomposition patterns above the soil and fine roots decomposition below the soil is necessary and essential to identify and quantify more accurately the flow of energy and matter in forest systems. There is still a lack of studies and a large gap in the knowledge about what environmental variables act as local determinants over decomposition drivers. The knowledge about the decomposition process is still immature for Brazilian semiarid region. The aim of this study was to analyze the decomposition process (on leaves and fine roots) of a mixture of three native species for 12 months in a semiarid ecosystem in Northeast Brazil. We also examined whether the rate of decomposition can be explained by local environmental factors, specifically plant species richness, plant density and biomass, soil macro-arthropods species richness and abundance, amount of litterfall and fine root stock. Thirty sampling points were randomly distributed within an area of 2000 m x 500 m. To determine the decomposition rate, the litterbag technique was used and the data analysis were made with multiple regressions. There was a high degradation of dead organic matter along the experiment. Above ground plant biomass was the only environmental local factor significantly related to leaf decomposition. The density of vegetation and litter production were positively and negatively related to decay rates of fine roots, respectively. The results suggest that Caatinga spatial heterogeneity may exert strong influences over the decomposition process, taking into account the action of environmental factors related to organic matter exposure of and the consequent action of solar radiation as the decomposition process main controller in this region