Novas fronteiras petrolíferas no Brasil : uma análise da necessidade de nova regulamentação da área do pré-sal sob a ótica constitucional

The Oil industry in Brazil has gone through several stages during the economical, political and social historical process. However, the significative changes have happened in the last fifteen years, due to market opening arising from the relaxation of the state monopoly over the Oil deposits and its derivatives. The edition of the Constitutional Amendment #9, changing the first paragraph of the 177th item of the Federal Constitution, marked the end of a stiffness about the monopoly that the Brazilian state kept in relation to the exploration and research of Oil and Gas. The economical order was fundamental to actualize the idea contained in the #9 Amendment, since its contents has the power to set up measures to be adopted by public power in order to organize the economical relations from a social viewpoint. The new brazilian Oil scenery, called pre-salt, presents itself in a way to amaze the economical markets, in addition to creating a new perspective to the social sector. This work will identify, in this new scenario, the need for change in the legal system. Nevertheless, this subject must not be treated in a thoughtless way: being an exhaustible good, we shall not forget that the future generations also must benefit from the exploration of natural resources recently discovered. The settlement of a new regulatory mark, including the change in the concession contract model to production and sharing is one of the suggested solutions as a bill in the National Congress, in an attempt to ensure the sovereignty of the nation. The constitutionality of a new regulatory mark is questioned, starting from an analysis of the state monopoly, grounding the comprehnsions in the brazilian constitutions, the relevance of the creation of Petrobras for self-assertion of the state about the monopoly of Oil and derivatives, and its posture after the Constitutional Amendment nº 9 (1995), when a company stops having control of the state monopoly, beginning to compete in a fairly way with other companies. The market opening and private initiative are emphasized from the viewpoint of the Constitutional Principles of the Economical and Social Order. The relaxation of the monopoly regarding the exploratory activity in the Federal Constitution doesn't deprive from the Union the ownerships of underground goods, enabling to this federal entity to contract, directly or by concession of exploration of goods, to state-owned or private companies. The existing oil in the pre-salt layer transforms the scenario from very high risk to low risk, which gives the Union the possibility of defining another way of exploring this resources in the best interests of the Public Administration

Biomassa e desenvolvimento sustentável e sócio regional no Brasil: uma análise à luz da Constituição Federal de 1988

It is verified worldwide an increasing concern with the protection of natural resources in the planet, a fact that became relevant in Brazil since the promulgation of the Constitution of 1988, based on the viewpoint of sustainable development, which seeks to promote economic activities in the country according to the need for conservation and preservation of natural resources for the use of present and future generations. In addition, we seek to reduce the differences that occur in our society by determining as a fundamental objective to be persecuted by the Federative Republic of Brazil the reduction of social and regional inequalities. A value that should also be observed in the context of economic activities developed here, since it is a general principle of financial and economic order of the country. Therefore, considering the exhaustion of world s reserves of fossil fuels, as well as the impacts on the environment, especially for the large emission of greenhouse effect gases, the debate about the need to change the global energy matrix increases while alternative energy sources appears as a bet to fulfill the contemporary aspirations for sustainability, and Brazil emerges in a very favorable position, because it has the essential natural conditions to allow this sector s full development. In this perspective, the work has the scope to analyze how the production of alternative energy sources may act in the search for concretization of constitutional values, to promote sustainable development for present and future generations, and to reduce regional and social inequalities in an attempt to improve the quality of life of the population. It will also be observed the current regulatory framework of alternative energy sources in the national laws to verify the existence of legal and institutional security, which is necessary to guarantee the full development of the sector in the country. And to investigate the expected results, it will be observed through the concrete evaluation of specific practices adopted in the industry, analyzing their actual compliance with the constitutional provisions under analysis, based on the examination of the possibility of using renewable biomass sources for biofuel production, promoting development to the country, indicating the opening lines about how this important sector can act to solve the energy challenge today

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

Análise da resiliência sócio-ecológica em unidades de conservação de uso sustentável: subsídios para o manejo da pesca artesanal no Brasil

O uso da biodiversidade pelo homem leva a alterações no funcionamento dos ecossistemas, podendo ainda levar a perda de resiliência. Pode-se definir resiliência como a capacidade de um sistema absorver um distúrbio e reorganizar-se, enquanto submetido a mudanças, mantendo a mesma estrutura e funcionamento. Em um sistema social, entende-se como a capacidade dos usuários de recursos naturais de enfrentar e adaptar-se as mudanças nas regras que regem o uso e acesso a estes. Alterações na resiliência, tanto ecológica quanto social, podem ser resultantes das ações de exploração e manejo destes recursos. Assim, torna-se essencial compreender como funcionam as estratégias de manejo e sua interação com a resiliência sócio-ecológica, permitindo a auto-avaliação das ações e possíveis modificações das mesmas. Neste projeto, propõe-se comparar a resiliência sócio-ecológica de três Unidades de Conservação (UCs) de uso sustentável: Reserva de Desenvolvimento Sustentável (RDS) Ponta do Tubarão, localizada no estado do Rio Grande do Norte; e as Reservas Extrativistas do Batoque e Prainha do Canto Verde, ambas localizadas no estado do Ceará. Em cada área de estudo serão escolhidas comunidades pesqueiras, permitindo a comparação entre elas. A partir destas comunidades, alguns aspectos relacionados ao uso dos recursos serão analisados, como atividade pesqueira, dieta e modo de vida. Os dados serão coletados através de questionários semi-estruturados, contendo questões baseadas em aspectos sociais, econômicos e ecológicos. Os resultados obtidos servirão de indicadores para a resiliência ecológica (informações obtidas com base na atividade pesqueira) e social (informações obtidas com base no acompanhamento da dieta e análise do modo de vida). Apesar da similaridade ecológica entre as áreas de estudo, algumas estratégias de manejo distintas em função da categoria da UC podem apresentar diferentes resultados sobre a resiliência sócio-ecológica. Desta forma, compreender como a resiliência sócio-ecológica se comporta, dentro dos sistemas de manejo estudados, permitirá avaliar a influência destes dois tipos de UCs (RDS e RESEX) na promoção da sustentabilidade ecológica e/ou social

Crescimento econômico e restrição externa da economia brasileira: uma análise do padrão das exportações em relação ao BRIC e do Sistema de Inovação do Brasil (1980-2012)

This Master s Thesis aims to use the theoretical models of growth with restricted balance of payments, specifically Kaldor (1970) and Thirlwall (1979) models, to analyze the behavior and the pattern of specialization of Brazilian exports and imports in the last years. It is observed that, in some periods, the pattern of specialization has contributed in restricting long-term growth of the Brazilian economy. It has been hypothesized that overall this is due to lack of structural transformation policies. To achieve this goal, it analyzed the performance of Brazilian exports and imports disaggregating them according to their technological content. The basis for comparison was a group of countries to which Brazil is inserted in, the BRIC. In this regard, the work is a comparative analysis by using descriptive statistics. It is concluded that the low rate of GDP growth experienced by Brazil since the 1980s can be explained in part by the decoupling of the Brazilian National Innovation System (NIS) and the Brazilian productive structure. This would be reducing the income elasticity of exports and raising imports, causing a pattern of specialization intensive primary commodities and labor and low-skill labor

Diferenciais de rendimentos por gênero: uma análise dos efeitos composição e estrutura salarial no Brasil (1976, 1987, 1996 e 2009)

This study aims to analyze the income differentials by gender in Brazil, in the years 1976, 1987, 1996 and 2009. Specifically, there are two objectives. First, attempt to analyze the importance of the effects of composition and wage structure in the job market. In the second, to verify which socioeconomic variables explain the effects of composition and wage structure in the job market. The information in this study was obtained from the microdata of Pesquisa Nacional por Amostra de Domicílios (PNAD) regarding the respective years. In the first stage of the methodology we used: the index of income distribution Theil-T; the income gap decompositions proposed by Oaxaca (1973) and Blinder (1973); and Firpo et al. (2007). In the second stage we applied the RIF regression method (Recentered Influence Function) of Firpo et al. (2007). The results show that income inequality is higher among men than among women in the country. It was observed that the component of inequality between people of the same gender represented the largest share in the decomposition of income inequality between genders. It was found, in the decomposition of the average income, a downward trend of income gap, but the differential remains favorable to the men. We noticed that the impact of the composition effect in reducing the gap was offset by the positive effect of wage structure. Regarding the distribution quantis, income differential between genres appeared greater at the bottom, in the years 1976, 1987 and 2009; and at the top of the distribution, in 1996 featuring, respectively, the sticky floor and glass ceiling effects in Brazil. As for the decomposition of the RIF, it turns out that the composition effect assisted in the downfall of the income gap between 1976 and 2009, but was offset by the positive effect of the wage structure in quantis 10th, 50th, and 90th. The main socioeconomic variables influenced the drop in income gap were: the composition effect, the manual labor occupations, service sector and low-grade and high school, and the wage structure effect, schooling low and high experience professional and technical occupations and urban centers

Vitrine das letras: o discurso jornalístico e a modernidade pedagógica em Sergipe/Brasil e Portugal - (1910-1920)

Dans cette étude, j'ai eu comme objectif d'établir les connexions et/ou les non-connexions dans les discours journalistiques sur la modernité pédagogique, dans les journaux O Correio de Aracaju (Le Courrier d'Aracaju, Sergipe, Brésil) et O Século (Le Siècle, Portugal), dans la période 1910-1920. J'ai tout particulièrement cherché le dit dans les journaux, dans le sens foucaldien du terme, en continu dialogue avec d'autres auteurs, dans une perspective interdisciplinaire. J'ai tenté de répondre à mon interrogation initiale : quelles sont les connexions et non connexions que l'on pourrait établir entre l'École Moderne du Portugal et celle de Sergipe, au Brésil, en prenant comme source d'analyse les discours journalistiques dans des journaux des deux pays ? Á partir de ce questionnement, à travers un abordage historico-comparatif interculturel, j'ai soutenu la THÈSE que les discours journalistiques du Século et du Correio de Aracaju, bien qu'ils relèvent de genres journalistiques différents quant au niveau de développement de la presse, ont traduit une perception et une assimilation de la modernité pédagogique articulées à une même epistémè. Ainsi, ces discours ont émergé comme objets métis, dont la création s'est faite dans des interlocutions, échanges, impositions et débats dans un processus continu de communication interculturelle. La nature messianique de ces discours, dans le système d'idées républicain, traduisait le sens de la modernité pédagogique prétendue et diffusée par les textes qui exprimaient l'aspiration de rupture et de progrès, tant au Portugal que dans l'état brésilien de Sergipe. Il a également été possible de faire des approximations/comparaisons entre la dispute (article d'opinion), dans le Correio de Aracaju et l'enquête (interview et reportage), dans O Século et de souligner ainsi les connexions et/ou non-connexions présentes sur le thème de la modernité pédagogique dans les discours journalistiques

Políticas de educação profissional técnica e de ensino médio no Brasil: a implementação no CEFET-RN (1998 2008)

This study has analyzed the high school and professional education policies (1998-2008) and their impacts on the Centro Federal de Educação Tecnológica do Rio Grande do Norte. It has presented an analysis and design of the productive restructuring process in the world of work and education, the technical, vocational education and high school policies in Brazil, referring to this period, as well as the changes in Cefet-RN for implementation of Political Guidelines of Vocational, Technical and High School Education. This study is guided by assumptions related to these policies, which are located in different historical moments. It is a study in which subjects are understood as historical and social beings, embedded in the economic, political and cultural rights which, by its actions, can be transformed. It was based on a theoretical framework consistent with the object of research to give it shape and meaning, serving as a parameter to address the problem outlined in research questions. It was used analysis of bibliographical material and specific documents from the Institution, semi-structured interviews with the subjects part of technical and high school. Results show that many of the recommendations in the present high school policies and vocational technical and high school education, implemented in Cefet-RN, for the period 1998-2002, show inconsistencies between what is said and what can be officially established in the pedagogical practice of teachers and professional practice of some graduates. Regarding the integration of vocational education with the high school (2005-2008) in this Institution, the study signaled that its prioritization failed to materialize in full, in Cefet-RN, although it was developed and implemented a Political-Pedagogical Project in 2005

O memorial autobiográfico: uma tradição acadêmica do ensino superior no Brasil

The thesis has as object of study the autobiographical memmorials. The general objective is to describe the history of the memmorial as an academic tradition of higher education in Brazil. Considered a hybrid genre, memmorials are known for focusing on life stories from a scientific perspective. The investigation revolves around three intertwined branches: History of Education, educational practices and language usages, which allow us to conduct a dialogue with multiple theoretical-methodological references with a view to supporting our analyses. The corpus used for the analysis was made up of 40 autobiographical memmorials, distributed as follows: 16 academic memmorials, dated from 1935 to 1970; 07 academic memmorials, dated from 1980 to 2007; and 17 formation memmorials, dated from 1995 to 2000. In this corpus, we also included official documents, which relate to legislation contained in edicts, resolutions, ordinances, regulations, which we used with a view to: 1) getting to know and understanding the big picture of higher education regulation in Brazil and the aspects related to the higher education teaching career; 2) investigating the text of memmorials in the light of the injunctive discourse characteristic of the edicts and resolutions in which they were based. The analysis of the memmorial supported by the legislation which regulates it allowed us to reconstitute the image of the professor throughout 80 years in the Brazilian public university. For this purpose, the study was conducted in the theoretical-methodological perspective of the (auto)biographical research in Education and of the sociolinguistic studies on discourse genres and discursive traditions. The investigations reveal the memmorial as an academic genre in which the professor's academic-professional history and the history of the higher education teaching career in Brazil intertwine. Anchored in the Bakhtinian perspective on discourse genres, according to which the memmorials evolve and become more complex as their contexts of usage also evolve and become more complex themselves, the results of our analyses allowed us to correlate genre changes to the sociohistorical context and to its usage as an educational practice in the university, in the decades under study. Therefore, the analyses showed that these self-writings: go from latent subjectivity to pure objectivity from the 1930s to 1960s; they show total annulment of the subject from the 1960s to the 1970s; they reappear in the 1980s, having Professor Magda Soares' memmorial as perspective; they expand and diversify from the 1990s onwards, taking on a formative role and a perspective of future as well. So far as language usages are concerned, we investigated the relationship of the subject with the language, especifically the manifestation of alterity on the discursive tissue of the memmorials. In this branch, the analyses pointed to the influence of the authoritative discourse on the formation of the professor and of the injunction and reinventing discourses on the authorship process. Therefore, the autobiographical memmorial reveals itself as a specific expression of the Brazilian academy's cultural sphere and allows us to confirm the hypothesis that each memorial tackles a singular-plural situation, by presenting a dialectical articulation between private and public, according to the institutional structures, in which and with which the professor has already formed him/herself and with which he/she dialogues

Análise quali-quantitativa da arborização na praça XV de novembro em Ribeirão Preto - SP, Brasil

A Praça XV de Novembro, implantada em meados do século XIX, tem grande valor histórico-cultural, além de se constituir em uma das principais áreas verdes do centro da cidade de Ribeirão Preto. Visando ao conhecimento detalhado da vegetação para fins de orientação do manejo e conservação dessa área, foi feito um levantamento quali-quantitativo e fitossociológico das árvores e palmeiras da praça. Foram medidas altura e Diâmetro à Altura do Peito (DAP) e identificados todos os indivíduos de porte arbóreo (árvores e palmeiras) presentes na Praça, em nível de espécie. A praça ocupa uma área de 15.456,00 m², onde foram amostradas 42 espécies distribuídas por 19 famílias, num total de 161 indivíduos. Apesar de o local apresentar arborização com alto índice de diversidade de espécies (Shannon-Weaver de 3,14), os exemplares necessitam de maior atenção quanto a problemas ligados à fitossanidade e podas adequadas, fazendo que resulte em espaço seguro para os frequentadores e em boa qualidade paisagística.

e-Resíduos: A influência da norma européia WEEE na estratégia da indústria de celulares no Brasil e no mundo e o impacto ambiental do descarte inadequado

This present Thesis, is explorer work and presents an analysis of e-wastes of the industry of cellular mobile telephony, evaluating the evolution of the telecommunications nets and as if it holds the global and Brazilian market of cellular telephony. It approaches the elements gifts in the cellular devices that can badly cause to the environment and the health, the discarding of the devices in end of life cycle is made. It analyzes the new European regulation of electric equipment residues and electronic, the WEEE, as it influenced the strategy of the companies manufacturers of mobile phone cellular and of that she forms is possible to create a Brazilian national industry for recycling of devices of cellular, with conditions to globally competition. For this some possible models of being implanted in Brazil are presented. The project of law 203/91 on solid residues is argued and as it would be interesting if to persist some proposals presented to the project, to create a Brazilian market of recycling with capacity of global competition for use to advantage of the European regulation if to get a competitive advantage

Avaliação de economias de escala e escopo no desempenho de equipes de serviços aplicando Análise de Envoltória de Dados DEA: um estudo em Empresa de Telecomunicações no Brasil

This Master s Thesis proposes the application of Data Envelopment Analysis DEA to evaluate economies of scale and economies of scope in the performance of service teams involved with installation of data communication circuits, based on the study of a major telecommunication company in Brazil. Data was collected from the company s Operational Performance Division. Initial analysis of a data set, including nineteen installation teams, was performed considering input oriented methods. Subsequently, the need for restrictions on weights is analyzed using the Assurance Region method, checking for the existence of zero-valued weights. The resulting returns to scale are then verified. Further analyses using the Assurance Region Constant (AR-I-C) and Variable (AR-I-V) models verify the existence of variable, rather than constant, returns to scale. Therefore, all of the final comparisons use scores obtained through the AR-I-V model. In sequence, we verify if the system has economies of scope by analyzing the behavior of the scores in terms of individual or multiple outputs. Finally, conventional results, used by the company in study to evaluate team performance, are compared to those generated using the DEA methodology. The results presented here show that DEA is a useful methodology for assessing team performance and that it may contribute to improvements on the quality of the goal setting procedure.

Análise de retorno de escala e tamanho do mercado no desempenho de equipes de vendas aplicando análise de envoltória de dados DEA: um estudo em empresa de Telecomunicações no Brasil

This Master s Thesis proposes the application of Data Envelopment Analysis DEA to evaluate the performance of sales teams, based on a study of their coverage areas. Data was collected from the company contracted to distribute the products in the state of Ceará. Analyses of thirteen sales coverage areas were performed considering first the output-oriented constant return to scale method (CCR-O), then this method with assurance region (AR-O-C) and finally the method of variable returns to scale with assurance region (AR-O-V). The method used in the first approach is shown to be inappropriate for this study, since it inconveniently generates zero-valued weights, allowing that an area under evaluation obtain the maximal score by not producing. Using weight restrictions, through the assurance region methods AR-O-C and AR-O-V, decreasing returns to scale are identified, meaning that the improvement in performance is not proportional to the size of the areas being analyzed. Observing data generated by the analysis, a study is carried out, aiming to design improvement goals for the inefficient areas. Complementing this study, GDP data for each area was compared with scores obtained using AR-O-V analysis. The results presented in this work show that DEA is a useful methodology for assessing sales team performance and that it may contribute to improvements on the quality of the management process.

Análise antropotecnológica do desenvolvimento de novos produtos na produção artesanal : caso das rendeiras de bilro da Vila de Ponta Negra em Natal, RN

Brazilian craft production plays an important role in the generation of employment and income for many families in every state across Brazil. In Natal, Rio Grande do Norte, Brazil, among many types found, identifies itself with the production of bobbin-lace, still practiced in Ponta Negra Village for ancient craftswomens of city that try to preserve the art and tradition of bobbin-lace. This work presents the results of an analysis conducted based in concepts of anthropotechnology, on the effects of a design workshop held with bobbin-lace craftswomen in the village of Ponta Negra in July of 2006. The workshop was intended to propose a new concept of products and a new alternative for production in the activity of the craftswomen, on the premise that the laces could be used as a detail inserted into other industrial products such as shirts, bags, towels, etc. Evaluations after the workshop showed that none of the artisans continued to work, indicating that actions focused solely on products did not generate representative results in the production of bobbin-lace. Evaluations also indicated that knowledge about the artisan's personal and professional characteristics, organization, pace, workload, and cultural and historical issues that permeate the activity are essential to the success of technology transfer, particularly when the transfer affects the craft production as it relates to the inseparable aspects of the craftswomen's work and lifestyle

Aplicando análise de envoltória de dados -DEA à avaliação de desempenho acadêmico: um estudo em programas de pós-graduação em engenharia mecânica e produção no Brasil

This Master of Science Thesis deals with applying DEA (Data Envelopment Analysis) to the academic performance evaluation of graduate programs in Brazil, exploring it on a Mechanical and Production Engineering Program 2001-2003 data. The data used is that of the national assessment carried by CAPES, the governmental body in charge for graduate program assessment and certification. It is used the CCR output oriented DEA model, the CCR-Output with Assurance Region, and Window Analysis. The main findings are first that the CCR has the concerning problem of zero values of weights of outputs that is not appropriate in a sense that a graduate program has the higher efficiency score zeroing some output (e.g., number of academic papers published). Secondly, the Assurance Region method proved useful. Third, the Window Analysis also gave some light to the consistency of the performance in the time frame analysed. Also, the analysis results in the understanding that the Mechanics and Production Engineering should not be assessed jointly like currently applied by CAPES and rather should be assessed in its own field separately. Finally, the result of the DEA analysis showed some serious inconsistencies with the CAPES method. Graduate programs considered excellent has got low performance score and vice versa. This Thesis provides a strong argument in order to use DEA at least as a complimentary methodology for graduate program performance evaluation in Brazil