O princípio constitucional do desenvolvimento e a utilização de recursos hídricos na indústria de petróleo

As can be inferred by the title of its study The constitutional principle of sustainable development and the utilization of hidrical resources in the oil industry the transcribed pages are dedicated to the approach of the mentioned subjects which, despite being apparently different, will be shown intrinsically connected as goes by the study. The superation of this first step by the reader will lead to an important perception of the title: that the situation requires, urgently, a defined posture, a complete conduct change and, therefore, a modification of the paradigms currently establisheds. To brake barriers, modifying what is lived by, is the ultimate goal. For that, there is no unique path, linear, but there were broached the development themes, the hidrical resources theme and oil and natural gas industry at the necessary points to achieve, by the end, a comprehension for the Brazilian Federal Republic goals in the search for the application of these juridical norms. The ones whom lay down over this study shall notice that, more than a simple approach over these themes (which are still less worked and searched in Brazil), the heavy critic of an instituted and pacifically accepted reality, directly offensive of the constitutional principles. The debate evolves from punctual and specific aspects, it gains life, flies, searching how the juridical order equalizes the economic model to the environment defense. Standing by the possibility of conciliation among constitutional principles, the remodeling of an economic segment is defended, aligning it to the sustainable limits. Development, sustainable, becomes means and goals to the implementation of liberty, capacitating everyone to achieve their goals of life, their libertments, fruit of the inherent antagonism of the Constitution the sustainable development offers, while an axiological vector, a new reality to the economic order, turning it into a motriz element to the fortification of constitutional normative force and for the national development

O princípio da vedação ao retrocesso social e o papel dos poderes públicos na efetivação dos direitos fundamentais sociais

The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

Iniciativa popular na concretização do direito fundamental à democracia

The Participatory Democracy is disseminated throughout the Principle of Popular Sovereignty. Since it spurs the participation of the people in the exercise of political power, it emerges as a conciliatory alternative to the Representative Regime - one of questionable legitimacy in account of the distortion it causes on the will of the public. It does so specially vis-à-vis the legislative, where the law is created. It s known that our Constitution (arts. 1º e 14, CF/88) provides for the means through which the members of the public may take part in the political process of the country, for it consecrates the plebiscite, the referendum and the popular initiative, all of them incipiently regulated by the Lei nº 9.709/98. It s our task, thus, to inquire, through deductive reasoning as well as the legal exegeses, the enforceability of the Popular Initiative as a means of popular emancipation, given that it enables the citizens to conscientiously participate in the public sphere. It has also an educational ethos which builds the capacity of individual to act, and, therefore, through thoughtful choices, enhance the legal system. Furthermore, the Lei da Ficha Limpa (LC nº 135/2010) surely represents a milestone in the Brazilian political history, since it accrued from a new way of social interaction allowed by the usage of communication technology on the pursuit of political morality. As a matter of fact, this bill is a clear example of how a legal act was legitimately proposed through Public Initiative. Hence, it s beneficial to actually make use of the Public Initiative, under the influence of the New Constitutional Hermeneutics, with a view to supporting social claims and promoting a dialogical relationship with the State in order to help it in the decisionmaking process. Thereat, we can achieve important civic spaces through which the fundamental right to democracy shall be materialized, tearing apart the old paradigms of inequality and, thus, promoting social justice

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

A Constituição Federal de 1988 e a integração regional : o desafio da harmonização tributária

As an effect of the growing interdependence in international relations, regional integration was conceived to face globalization, with a remarkable influence in politics and law, since the first steps of the European experience. In Latin America, regional integration ideas have blossomed in the 60 s. Among its experiences, MERCOSUL is the one with the most advanced objectives. However, MERCOSUL has not managed to achieve the objectives planned nor moved forward the integration process. Differently of what happened in Europe, in MERCOSUL the common market projected is concluded. It faced many disappointments throughout its brief history. As it matters to law, those were caused by the absence of supranationality, a mechanism that would allow MERCOSUL s decisions to be directly binding in the States with no need of bureaucratic proceedings to incorporate them to national legal systems. Among Latin American States, Brazil is probably the most resistant to integration process, due to Federal Constitution 1988 rigidity and legal professionals conservadorism towards opening legal system to international law. In Brazil hermeneutical standards are always based on national sovereignty and international law is referred as less important. The problems become more visible relating to taxation, a subject that plays an enormous role in integration process for its economic impact, demanding the execution of tax harmonization policies compatible to the integration levels aspired. However, because of the large number of tax rules in the Federal Constitution, structural changes initiatives face difficulties in order to be implemented. Actually, after two Constitutional Reforms on taxation, Brazil has not yet succeeded on promoting the necessary adaptations to regional integration. The research has confirmed the hypothesis that supranationality has indispensably to be adopted if Brazil really desires to move forward the integration process. But it has also been demonstrated that there are hermeneutical paths suitable to the constitutional profile which allow the adoption of supranationality, through the revision of the sovereignty traditional concept

Podem os programas sociais e de transferência de renda influenciar a oferta de trabalho em atividades não agrícolas? uma análise para as famílias em condição de pobreza no meio rural do nordeste

This study aims to analyze the main effect of social programs and cash transfers on the labor supply of non-farm family members in poverty in rural areas of the Northeast. Among the specific objectives, we sought to investigate the effects of these programs and individual characteristics on the decision of participation and allocation of working hours of parents and children in non-agricultural activities. It was assumed, as a theoretical basis, the model of neoclassical labor supply as well as the principle that the decision of allocation of working hours, non-agricultural, is subject to the initial choice of the worker devote or not the non-agricultural employment . The hypothesis assumes that access to social programs and income transfer contributes to the dismay of rural workers, in poverty, in its decision to participate and offer hours of work in non-agricultural activities. To achieve this objective, we applied the models of Heckman (1979) and Double Hurdle, of Cragg (1971), consisting of associating the decision to participate in the labor market with the decision on the amount of hours allocated. The database used was the National Survey by Household Sampling (PNAD) of 2006. The results of the heads of households showed that transfers of income, although they may have some effect on labor supply rural nonfarm, the magnitude has to say that there may be some dependence on benefits. The estimates for the joint children of 10 to 15 years showed that the programs have negatively influenced participation in suggesting an increase in school participation, although for the allocation of working hours the results were not significant on the incidence of child labor

Inclusão e deficiência: em busca das representações sociais na mídia impressa em Natal/RN

This thesis is the result of an extensive research on print media discourse on the inclusion of disabled people in society. Articles published in the newspapers Diário de Natal/O Poti and Tribuna do Norte from 1992 to 2002 have been analyzed. Beginning with the very same questions that moved Moscovici (1978) in his classic study La Psychalyse son image et son public , according to which the media play a predominant role in the formation and propagation of social representations as well as in the construction of human behaviors, we have chosen this mass media as our investigation field. Understanding the importance of the communication theory, we intend to associate it to the social representation theory, since communication, as an aspiration, relates to the fundamentals of all humanity (WOLTON, 2004, p. 56). Moreover, means of communication represent an important space for symbolic production and representational process, allowing the analysis of the circulating discourses on social inclusion and disability. Based on these questions, we have determined social representations present in print media on the subject to be our study object. This objective was elected due to the fact that the thematic of disability and inclusion is scarcely and sporadically found in journalistic speech. The research questions have been: which is the representation of disabled people s condition in print media? What changes have occurred during the analyzed period and which was the role played by print media in this process? The research corpus was composed of newspaper articles about various aspects concerning disability and of free word association by reporters. We have analysed: 1) graphical language promoted by the picture of the substances propagated in the period from 1992 a 2002; 2) free word association experiments carried out with reporters of both newspapers; and 3) texts published from 1996 to 1997 using the high-tech program ALCESTE (Contextual Lexical Analysis of a Set of Segments of Texts). The results revealed that the print media in Natal/RN refer to the topic in a discontinuous way, and depend on specific events to highlight disabled people s fight for their rights. Social inclusion is still a great challenge for these people in all levels. We believe that this incapacity to overcome all kinds of obstacles is established in a dialectic relation between society and the media: society remains silent (the manifestation of interest for the cause only attracts some people s or groups attention) and the media, which selects which information is to be broadcasted, gives no evidence to the issue. This representation may be noticed in the infrequency in which articles about the subject are published, as well as in the emphasis to sports, a more important issue for the media. An implication of this study is that a new perspective is opened for analysis and reflection: the Paralympics games as both an inclusive and a segregating social phenomenon. It would be beautiful to have all of us together!

O sertão potiguar comunica: midiatização e práticas sociais. Ou como a recepção da pauta política se desdobra em práticas sociais em Pau dos Ferros

This dissertation is the result of the development of a two-year research entitled POTIGUAR ACROSS THE COMMUNICATION: MEDIATIZATION AND SOCIAL PRACTICES. Or as the reception of the political agenda unfolds in social practices of the Pau dos Ferros, showwing Pau dos Ferros as a provincial oestano of Rio Grande do Norte, now living a meaningful set of social transformations, which interact with practices media that have just mediatized new public policies in the area of Technical Education and Higher Education. Thus, with the introduction and expansion of state and federal public policy of democratization of Technical and Higher Education in the period 2002 to 2010, the phenomenon of migration of students from elementary and high school, before existing in the region has changed significantly in that Pau dos Ferros polo is made. The concentration of the media city in the hands of politicians, in their favor, and the emergence of new midiatizações are contributed to the formation of this (non-migration) and other social practices, reinventing and rearranging the schedule of the ideas and concepts about the educational practices. Our goal is to observe the relationship of interaction between media, politics and education and examine how young students are realizing this interaction. Under the prospects of receiving the light of Cultural Studies, strolling our research primarily on the technique of focus group data collection

Mídias sociais e práticas de participação política: um estudo de caso das eleições municipais 2012, em Natal

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Comunicar e interagir em novos espaços: o uso das mídias sociais no Sistema de Bibliotecas da UFRN

This study discusses about the practice of communication in libraries from the appropriation of the resources of web 2.0, particularly social media, establishing from the aspects of mediatization new communication scenarios in their environments. Aims at understanding how in the contemporary society, the libraries, that symbolize traditional space in the search for information and knowledge, modify their contexts through technological resources involved in your scenario, and specifically checks as the process of mediatization is inserted into the communication practices and interaction of libraries, noting the relevance of the ownership of social media, especially twitter and facebook, by the libraries of the Federal University of Rio Grande do Norte - UFRN. Use as methodological procedures, a theoretical approach concerning the conceptual research to investigate issues relating to social media, communication practice, mediatization and network society, and is characterized by being a descriptive exploratory research, of qualitative nature with adoption of the inductive method, using interviews and direct observation, analyzing reconfiguration scenario of university libraries located in UFRN. Thus, with the of the study, expected to be possible to give an overview of how to establish the use of social media in the scenario investigated by checking the new possibilities of communication, outreach services, information dissemination and interaction with user

A percepção da fiscalização dos contratos de mão de obra terceirizada pelos agentes envolvidos nesse processo no âmbito da Universidade Federal do Rio Grande do Norte: uma análise sob o modelo do principal-agente

Outsourcing has emerged as one of the new ways of guiding the work. For its advantages and be consistent with the paradigms of managerial reform, outsourcing also started to be used in the Public Administration. However, taking into account the particularities of the latter, some issues are relevant when outsourcing concluded with the State. Gains notoriety, for example, the step of monitoring these contracts, to the extent that, from this activity, we can avoid the negative effects of outsourcing like the fact that the state will pay for labor and wage liens that are obligation of the company providing the services. This study aims to understand the perception that this process is under the Federal University of Rio Grande do Norte, from the point of view of different stakeholders, also explaining the motivations that these agents have to perform the supervisory process. As a theoretical basis was used the Agency Theory, which reinforces the supervisory activities as a necessary means to minimize moral hazard and adverse selection, seeking to understand not only the different motivations tax contracts to properly perform their duties, but also analyze other phenomena arising from this contractual relationship. To achieve the proposed objectives, were taken a literature review and a presentation of how to organize the management and oversight of contracts in UFRN. The methodological procedures included questionnaires and interviews with those involved in the process. After analyzing the results obtained in the survey instruments , and also based on the laws, regulations and instructions governing the procurement process within the UFRN, it was concluded that the process of overseeing the outsourcing of labor contracts in UFRN is not fully institutionalized, some points should be strengthened in order to have the consolidation of this process, highlighting the need for training of UFRN servers that act as tax, the knowledge that the contractual penalties are applied effectively, the need that there is a supervisor of tax of contractors and also the realization of the rotation system of outsourced employees

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 estágio não-obrigatório na formação profissional dos(as) assistentes sociais: trabalho precarizado ou processo didático-pedagógico?

Coexisten, en el universo académico, prácticas curriculares obligatorias y no obligatorias que pueden ser remuneradas o no. Delante de la constatación de lagunas en la concepción, gestión y operacionalización de las prácticas no obligatorias remuneradas, escogimos este tema como objeto de nuestra investigación, tratando de analizarlo en el contexto de los cambios sociohistóricos contemporaneos y su influencia en la cualidad de la formación profesional del estudiante de la carrera de Servicio Social. Este estudio tiene como ¨locu¨ de investigación la Facultad de Servicio Social del Estado de Rio Grande del Norte (FASSO/UERN). Este estudio se caracteriza por la adopción de una perspectiva de análisis cualitativa, con la expectativa de develarlo mucho más allá de lo que se muestra en su aparecncia. Para esto, realizamos revisión de literatura, análisis de documentos, observación asistemática y entrevistas con estudiantes y profesionales de las entidades que ofrecen prácticas a los estudiantes. Además se incluyó, en los procedimientos metodológicos, la aplicación de encuestas y conversaciones informales. Constatamos la existencia de lagunas en el desarrolllo de las prácticas no obligatorias remuneradas, ocasionadas por la ausencia de supervisión y por la inclusión de pasantes en sectores y/o actividades desvinculadas de su futura profesión. La investigación nos permitió desvelar situaciones en las que la oferta de plazas ocurre en detrimento de la contratación de empleados, lo que configura un distanciamento de este componente curricular del área de formación profesional, desvirtuando su carácter educacional. Cientes de la coexistencia contradictoria entre situaciones ventajosas y problemáticas en las prácticas no obligatorias remuneradas para el proceso de formación profesional de los asistentes sociales, concluimos que esta modalidad de práctica cuando vinculada a la intervención de la facultad y bajo la supervisión de asistentes sociales, independiente de sus implicaciones en los intereses del mercado, potencializa el desarrollo de competencias y habilidades intrínsecas al proceso de formación profesional; pero si distanciada del área de formación y/o sin el debido acompañamiento didáctico-pedagógico establece poca o ninguna relación con la formación de los asistentes sociales. Pero, incluso distanciadas del ejercicio y de la formación académica en el área de servicio social y/o (llenas de aspectos frágiles) llenas de fallas en el proceso de enseñanza y aprendisaje, estas experiencias ejercen profunda influencia en la formación de los asistentes sociales, pudiendo fragilizar el compromiso con el proyecto ético-político, diseminar el aspecto subalterno de la profesión y hacer confuso y conflictivo el proceso de construcción de la identidad profesional. En este sentido, las inversiones de capital para reducir los gastos con mano de obra, las dificultades vividas por las universidades públicas brasileñas para garantizar la cualidad de la enseñanza delante de la insuficiencia de recursos humanos y materiales y la desvalorización de los componentes no obligatorios del proceso de formación profesional de los asistentes sociales, son factores que obstaculizan el reconocimiento y la materialización del potencial didáctico-pedagógico de las prácticas

O trabalho profissional dos(as) assistentes sociais no INSS pós as contra-reformas da Previdência Social

The present research study the work professional of the Social worker in the National Institute of Social Security of Rio Grande do Norte s State, especially about the working terms, the demands and working process of Social worker in consequence of the limits established with disorganization of his institutional space derived of the Counter-Reforms of the State and of Social Security. In decade of 1990 there was in Brazil adhesion to the neoliberal politics what configured a new organization of work and a new performance of the State. Inside this context, it was accomplished the Counter-Reforms with emphasis in the privatizations, reform of the Social Security and of the device of the Brazilian State, among other actions. Particularly, in Social Service reforms brought profound consequences for the Social workers of INSS, among it: reduction of professionals and in his institutional space. This study situates the Social Worker of Social Security in front of the contemporary modifications in the world of work as well as in front of the consequences come upon of the Counter-Reforms implemented and executed by the neoliberal governments in the country of way the of frame and to enter to the globalized world and the new order of the capital. From the qualitative research based in the critical and dialectic theoreticianmethodological perspective that study the phenomena from your relations, mediations and contradictions, was possible unveil the limits and the possibilities of the professional work of the Social worker in INSS placed the Counter-Reforms of Social Security. Synthetically, the results of this investigation indicate that, there is an worsening in the inconsistency of the work with relation to social worker's functional situation and his working terms in the institution

Violência nas escolas: Um novo olhar ante as relações sociais

The most varied ways of manifestation of the violence phenomenon in the contemporary society are each time more found in the media spaces and among society discussions. It makes think about procedures to be taken before the growth and new outbreaks of such phenomenon. The violences manifestations in schools reveal themselves as a reflection of what happens in the scope of social violence. Its dynamics originates in society and reflects itself in scholl, that is, the violences in schools combine internal and external elements to school enviroment of many fields and spheres of which the individuals participate. To reflect about the violences in the schools requires, over all, to make a bridge with the categories: youth and violence. Violences in schools: A new look to the social relations, is a Ms. Sc. Dissertation that has as main objective: to analyze the main existing forms of violence in the school space. For its achievement, it was made a bibliographical survey, questionnaires application (annexed) and observation. Thus, this research articulated the two approaches: qualitative and quantitative. The questionnaires application happened in a state school of the Natal city and amongst yhe criteria for this choice there was the fact of the school had more than 500 pupils, to be located on a strategical place of the city, providing a subjects heterogeneity to be researched, deyond the limitations of available resources financial and material and the available time for the research accomplishment. The scool congregates objective conditions, specifically in what concerns the criteria previously defined: age range, socioenomical level and number of pupils. Amongst the main results obtained, it can be detached that the violence is a phenomenon seen, for the great majority of the research subjects, as a phenomenon connected to the most visible violence forms: the agressions. And a question always present in the public education institutions: infrastructures precariousness, high scool evasion índex and vulnerability among the pupils that makes possible to the pupil to see school as an home extension. Such dissertation concludes that the phenomenon of the violence in scools demands and requires of the most varied subjects involved in the processes na understanding of its determinants so that thus, one can intervene in such phenomenon that does not restrains itself to the physical acts of aggression, but that it is, over all, on a non respecting the different