Limites formais e materiais ao controle de constitucionalidade pelo Supremo Tribunal Federal

This document approaches the formal and material limits of the constitucionalidade control for the Supreme Federal Court, iniating with the study of the Constitution, detaching its evolution, nature and meanings, passing for its historical evolution, offering still a unconstitutionality concept. Is work the principles as material Constitution, making the distinction entere principles and rules, detaching the characteristics of the principles constitutional, and the basic principle of the Constituition. It analyzes metodologics the historical parameters and of the brazilian system of constitutionality control and detaches the paper of the Supreme Federal Court as positive legislator. It observes the beddings of the constitutionality control and the legitimacy of the Supreme Federal Court. Is examines the performance of the Supreme Federal Court in face of the principle of the legal security. Is offers a vision on the experience of the control of constitutionality in other constries. It still approaches the control of constitutionality in Brazil, detaching the critical points of its formal and material limits. Is verifies the application of the principles constitutional for the Supreme Federal Court in the diffuse control and the intent control of constitutionality, as well as the performance of the Supreme Federal Court ahead of the unconstitutional omissions. It brings to the debate the new perspectives how much to the formal and material limits of the control of constitutionality for the Supreme Federal Court. Objective to elaborate considerations concerning the limits of the constitutional jurisdiction from the model of Constituition, the character politican of the difficulties with respect to the definition of its formal and material limits from the performance of the Supreme Federal Court

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

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional

A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

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

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Narrativa autobiográfica como prática de formação e de atualização de si : os grupos referência e o grupo reflexivo na mediação da constituição identitária docente

The thesis: "autobiographical narrative as practical continuous training and updating of itself: the groups-reference and the reflexive group in the mediation of identity construction of teaching" begins in the founder matter: "What are the implications of groups-reference in the process of identity formation and the teaching role of teachers which is participating of the research? This object of study deals with the continuing education of teachers of Basic Education and the role of the reflective group as space-time of (re) construction of educational knowledge, for the recognition of yourself. The thesis defends that the autobiographical narrative, as a pedagogical tool and research, for the initial and continuous training, is presented as theoretical and methodological foundation necessary for identity formation of the teacher. The research is limited to the qualitative approach with a focus on the autobiographical narrative. The participants are six teachers, three teachers and three students-teachers. The corpus comprises six autobiographical narratives, six reports of successful experiences, two studies on the biographical work, and six individual testimonials about the impact in personal and professional life. The data analysis was to reference Dausien and Alheit (2006), Bruner (1997), Contreras (2002), Delory-Momberger (2007), Freire (2005), Giddens (2002), Josso (2004), new (1988, 2002), Passeggi (2001, 2002), Pineau (2004), Ricoeur (2004), Souza (2006), Tardif (2002) and Vygotsky (2005). The research revealed that the formation of identity as a teachers of the educators occurred in the reference group, involving the formal, non-formal and informal of the processes of knowledge , in a movement of alternation training that includes yourself, the other and the ambient. Also revealed that the pedagogical choices of the teachers studied aimed at minimizing educational gaps that were lived in both field personal and social; that the personal identity is configured as an identity narrative and the methodology of the biographical work, through the mimesis of continuing education, provided the passage from the group reflective to the group of reference

Os ateliês (auto)formativos na constituição do sujeito docente da educação matemática

The object of study of this thesis is the use of (self)training workshops as a fundamental process for the constitution of the teaching subject in mathematics education. The central purposes of the study were to describe and analyze a learning process of mathematics teachers supported by the training-research methodology, which procedures have been affected with the practice of (self)training workshops as a way of collaborating to the constitution of the teaching subject in Mathematics Education. The survey was conducted with a group of teachers in the city of Nova Cruz, Rio Grande do Norte through a process of continued education realized in the training workshops having as main goal the realization of the group s (self)training sessions in order to lead participants to the extent of their autonomy in their personal and professional transformations. The results obtained in the formative processes have shown the need to develop activities of mathematics teaching as a contribution to overcome the conceptual difficulties of the teachers, apart from their (self)reflections about themselves and the educational processes in which they belong. The results raised some propositions about (self)training workshops that may be incurred in practices to be included in the curriculum frameworks or materialize as a strategy of pedagogical work in training courses for teachers of mathematics. Also, they can constitute an administrative and educational activity to be instituted in the public schools of Basic Education

Currículo em "movimentos" a constituição do saber escolar pelos índios Pankará da Serra do Arapuá - PE

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

A constituição discursiva de identidades étnicorraciais de docentes negros/as: silenciamentos, batalhas travadas e histórias (re) significadas

In this research study, in which I discuss the discursive constitution of ethnic-racial identity of black male and female teachers, I understand that the process of identity formation of the subject covers both personal/family and social/professional areas. In it, I propose, in general terms, to analyze the discursive practices present in narratives of black male and female teachers when they look for their social insertion into different social contexts, identifying outbreaks of resistance that are present in their process of ethnicracial identities. The fundamental issue that permeates the survey investigates: how can black male and female teachers behave discursively in the construction of ethnicracial identities in multiple distinct contexts? The theoretical foundations that support this research work come from theoretical fields that complement each other; among them, French Discourse Analysis, Foucault s Theory and cultural studies. These, even with their singularities, are being interlaced by the conception that conceives language as social practice. Methodologically, I adopt an interpretative and qualitative paradigm to examine not only the linguistic repertoires that compose these teachers written narratives written but also the data that were generated by semi-structured interviews. The results show that the subjects, realizing contrary forces that interfere in their process of social inclusion, make use of acetic techniques to (re)signify the history of their lives

Processos de constituição de subjetividades em práticas discursivas institucionalizadas: entre a disciplina, a performatividade e a biopolítica

Esta es una pesquisa de naturaleza cualitativa de abordaje socio-histórico, con procedimientos etnográficos. Tiene como temática prácticas a constitución de subjetividades en relaciones interdiscursivas entre los discursos propalados por la Medicina Legal con prácticas discursivas de futuros(as) profesionales de la educación. En consecuencia de ese objeto de investigación, establecemos como cuestión central: ¿en qué medida prácticas discursivas producidas por la Medicina Legal producen sentidos en enunciados de alumnos y alumnas del curso de Pedagogía de UFRN, de modo a constituir subjetividades pautadas por el trastorno, por la anormalidad y por la enfermedad? En ese sentido, el objetivo de este trabajo es analizar prácticas discursivas institucionalizadas que constituyen subjetividades del género y sexualidad pautadas por efectos de sentidos que traducen las sexualidades disidentes como trastorno, perversión y anormalidad. Como herramientas teórico-analíticas actualizamos, principalmente, algunas reflexiones de Michel Foucault concernientes a la temática del biopoder y de la disciplina, algunas teorizaciones advenidas de los estudios Queer y nociones del Análisis del Discurso de línea francesa, como el discurso, memoria discursiva e interdiscurso. Los resultados de esta pesquisa demuestran que las subjetividades son constituidas en un proceso que alía el lenguaje de prácticas médicas, científicas, al habla de nuestros(as) colaboradores(as), en una relación interdiscursiva. Así, las subjetividades se constituyen pautadas por la anormalidad, por el trastorno, por la medicalización de las conductas y de los deseos. Todavía, percibimos el cruce de conductas biopolíticas y disciplinarizadoras en ese proceso de constitución de subjetividades, por medio de sanciones y posibles perjuicios que esos individuos anormales causan a la sociedad, justificadas tanto por los discursos de la Medicina Legal, como de los(as) colaboradores(as) de la pesquisa.

Cartas oficiais norte-riograndenses dos séculos XVIII, XIX e XX : constituição e caracterização de um corpus diacrônico

The diachronic studies marked the first decades of the 20th century in Brazilian linguistics, passing by an ostracism period after the 50s. Mainly from the 90s especially with the project, created in 1997, Para a história do português brasileiro (PHPB), which has systemized, in national ambit, the programme related to the area of diachrony the historical studies retake forces and have gradually increased since then. Our work is set in the new scene of Brazilian historical linguistics and it is associated to two research programmes: i) the constitution of a diachronic corpus; ii) the diachrony of text and discourse. As regards the first programme, we made effort to constitute a diachronic corpus of official letters about Rio Grande do Norte, we called cartas oficiais norte-rio-grandenses, written in 18th, 19th and 20th centuries. The chosen for bureaucrat letters occurred for they represent a textual category very productive in historical contexts, mostly 18th and 19th centuries, in which the command of writing was the least and also because they bring, almost always explicitly, the information of where, when, for whom and from whom, as remembers Fonseca (2003). The rules for constituting the corpus were based, although not strictly, on the orientation from PHPB. In respect to the second programme, we set up on the ideas of coserian base came from the studies on discourse traditions (TD) (Koch, 1997; Kabatek, 2006) amongst which that the texts are shaped so as to follow their own tradition (Coseriu, 2007), and we turned to Diplomatics (Belloto, 2002) in order to do the characterization of this corpus by the application of concepts from Diplomatics and TD as well as by the presentation of the structures that form those official letters: their textual genres, a kind of TD, with their macrostructures; and some of their formulaic expressions (microstructures), another sort of TD. This stage of characterizing will pay attention, as far as possible, to the dynamic between tradition and innovation that happen in the actualization of those textual structures along the centuries. This work intends to contribute with the researches connected to Historical Linguistics in Rio Grande do Norte, more specifically the ones related to the constitution of diachronic corpora and to TD; and with the study of official documents, textual category about which there are almost no studies (cf. Silveira, 2007)

A constituição de identidades de mulheres : práticas discursivas e relações de poder

This research investigates the discursive constitution of identities; in spe-cial, it aim to problematize women identities constitution, pointing discursive prac-tices and power relations which involve them. The interviewed subjects had been adult women who had resumed their school trajectory, after certain period without frequenting educational establishments. Aware of that those identities can be per-ceived through the observations of the discursive practices, we question: which discursive practices and power relations involve and constitute those women? Which identity positionings they take through the discursive practices and power relations that include them and that are identified in their stories? Which linguistic marks characterize, in the speech of those women, forms of resistance in the con-stitution of identities? We intend to investigate the constitution of woman identities in the contemporanity; pointing discursive practices and power relations which in-volve women that converge to their identity constitution; exploring in the linguistic materiality effects of senses that emanate of the discursive practices and power relations which involve the collaborators in the identity constitution in private and public spaces. Research corpus is composed by stories of life granted by three women, collected through semidirected interview between 2004 and 2005. To ana-lyze the data, we base in authors as Pêcheux (1993; 2002), Foucault (1979; 1988; etc.), Butler (2003), Scott (1992; 1995), Hall (2000; 2004; 2005), Bauman (1999; 2005), among others that problematize questions as discourse, identity, social gender, power and its interfaces. The life stories had allowed to analyze: the gen-der identity constitution from discursive practices and relations of forces lived in the familiar scenery; assumed identity positionings from discursive practices in globalized urban contexts; power positions in the domestic and extradomestic sphere and new identity positionings

Os rostos da pobreza brasileira: análise crítica dos discursos do governo federal, da Veja e da Cufa

Brazilian constitution says that all Brazilians have basic survival rights such as education, sanitation and food, but these basic rights are luxury for some. So, thinking about this, this paper aims to develop a critical analysis about the (re)production of the discourse on poverty, and consequently on the poor, given by the federal government, through the official website of the program Brazil Without Poverty (Brasil Sem Pobreza), the media, represented by Veja magazine, and by those who affirm to be representatives of the poor; like the Single Central Slums (Central Única das Favelas CUFA). Our aim is to present a critical reflection on the discourses about the poverty in the voices of the government, Veja magazine (media representative) and CUFA (poor representative) and their contribution to the development of the meanings of the theme in Brazilian society. In order to do so, we have identified categories based upon Bajoit (2006a) to classify which the author calls faces of poverty . We have used the Sociological and Communicational Discourse Approach (ASCD) as developed by Pedrosa (2012a, 2012b, 2012c), within the Critical Discourse Analysis as theoretical apparatus, and also the studies in which the ASCD is built upon such as Sociology for Social Change (BAJOIT, 2006), the Cultural Studies (HALL, 2005), and the Functional Systemic Linguistic, especially the Evaluating System (MARTHIN & WHITE, 2005, VIAN JR et al, 2011). Thus, the discourse on poverty or on fighting poverty, extracted from news, chronicles and other genres of the mentioned vehicles, are taken as object of study to understand identities that are created and renewed on poverty and on the Brazilian poor, as their dependence on the government and civil society, their exploitation by the economy, and even the media that sometimes features them as delinquent

Práticas discursivas de regulamentação e liberdade no processo de desenvolvimento profissional: a constituição de subjetividades de professores na Revista Nova Escola

This present thesis has the object to study the discursive constitution the teacher s subjectivities of practice permeating the sections of the magazine Nova Escola between the years 2000-2005. Problematizes how the teacher s subjectivities are produced facing the discourse of truth, which effects establishes a program for autonomist professional development in a perspective of neo-liberal governmentality. Then from this uneasiness arises some requisite questions: in the new century how teacher s subjectivities are discursively produced in magazine s sections Nova Escola during those five years of governmentality? In which perspective the discourses throughout government documents in related with professional development reflect in the linguistic-discursive repertories adopted by Nova Escola? How the experts belonging to the cadre from and/or guests from the magazine, seeking equip discursive the teacher s subjectivities for the XXI Century? Therefore, this paper objective is to examine the linguistics strategies used to produce these subjectivities at magazine s sections, what it admittedly teaches another method how to be teacher; and also it analyzes the discursive practices that compound and set boundaries to the autonomist professional development proposed by sections the magazine; describe technologies used by experts to equip and conduct of conduct the teacher to govern the self. This research is inserted theoretically in the field of Applied Linguistis, to the Cultural Studies and about the contribution of Michel Foucault s theories and methodologically in the perspective discursive interpretative. The results seek to show that the teacher s subjectivities are produced by many technologies of the self, traversed by government discourses and ratified by discursive practices of the magazine s experts. That discourse, without any oppressing or authoritarian connotation, opens space for practice of Freedom and self guiding to both constitute the subjectivity process of the teacher in the XXI Century s path