Liberdade de expressão artística: concepções filosóficas, fundamentalidade constitucional e política da pluralidade

The right to artistic expression, freedom granted in the western democratic constitutionalism, is a fundamental right that cyclically, compared to other cohesive rights of expression, has been forgotten and put in an irrelevant juridical-dogmatic position. The first reason for this behaviour that disesteems artistic freedom is the valorisation of rationalism and scientificism in the modern society, subordinating academic researches to utilitarianism, relegating the purpose of feelings and spirituality on men s elocution, therefore, we investigate, guided by philosophy, the attribution of art on human formation, due to its capacity in harmonising reason and emotion. After that, we affirm the fundamental right to artistic expression s autonomy in the 1988 valid constitutional order, after a comparative explanation of freedom in the Fundamental Laws of United States, Portugal, Spain and Germany; and the construction historic-constitutional of the same right in the Brazilian Constitutions. In this desiderate, the theoric mark chosen is the Liberal Theory of the fundamental rights, guiding the exam through jusfundamental dimensions: juridical-subjective and juridical-objective. Whilst the first, classical function of resistance, delimitates the protection area of the artistic expression right from its specific content, titularity and its constitutional and subconstitutional limits, the other one establishes it as cultural good of the Social Order, defining to the State its rendering duties of protection, formation and cultural promotion. We do not admit artistic communication, granted without legal reserve, to be transposed of restrictions that belong to other fundamental rights and, when its exercise collides with another fundamental right or juridical-constitutional good, the justification to a possible state intervention that tangentiates its protection area goes, necessarily, through the perquisition of the artist s animus, the used method, the many viable interpretations and, at last, the correct application of the proportionality criteria. The cultural public politics analysis, nevertheless, observes the pluralism principle of democratic substratum, developer of the cultural dialogue and opposed to patterns determined by the mass cultural industry. All powers are attached, on the scope of its typical attributions, to materialise public politics that have the cultural artistic good as its aim, due to the constant rule contained in §1, art. 5º of the Federal Constitution. However, the access and the incentive laws to culture must be constantly supervised by the constitutional parameter of fundamental right to equality

Planejamento e ordenamento territorial do turismo na região metropolitana de Natal-RN

This work entitled "Planning and Tourism Territorial Management in the Metropolitan Region of Natal-RN" analyzes the tourism and its relationship to (re) production of socio-territorial inequalities in the metropolitan region of Natal (RMNatal) to from the planning and territorial management of the activity. For both, the methodological procedures were undertaken from research held about of literature on tourism, planning and territorial management, surveying and public policy analysis of tourism in national and local as well as the construction of levels of integration and differentiation of metropolitan municipalities in relation to tourism. Besides the shortage of studies on this subject, this research has shown that public policies focused on this sector has come under a great fragility in regard to tourism planning in Brazil and in Rio Grande do Norte, causing the planning activity is a strong array of fragmentation and socio-territorial inequalities in RMNatal

The different faces of inclusion and exclusion

The notions of inclusion and exclusion have a long tradition in sociology, but have gained significant currency more recently in public policy analysis. However, a certain conceptual inflexibility arises when the distinction is applied to complex social situations. This article examines the main approaches to inclusion/exclusion in the sociological tradition, systems theory and the theory of new inequalities. On this basis, five interrelated situations of inclusion and exclusion are constructed: self-inclusion/self-exclusion, inclusion by risk/exclusion by danger, compensatory inclusion, inclusion in exclusion and sub-inclusion. They are illustrated with specific examples to refine an analytical approach to problems of inclusion and exclusion, with a view to contributing to sociological analysis and to assessing the consequences of public and private decisions.

Políticas Públicas de Resíduos Sólidos e a Coleta Seletiva em Regente Feijó - SP

This research was mainly focused on public policy analysis of solid waste, and the National Policy and State Solid Waste, as well as determining the performance of the Blue Green Municipality strategic project in relation to the management of municipal solid waste in Regente Feijó, São Paulo. The objective of this research was to analysis of the consequences of the deployment project of selective collection and integration of recyclable material collectors in an association of collectors, called the Association of Recyclable Material Collectors Rock, held in the city from the year 2008, with effective implementation in 2010. We analyzed the actions of the municipal government since the implementation of selective collection, to the development of the Association. The methodology used was literature concerning the issue; routine field surveys to monitor the activities in the landfill and association of collectors, collecting data from questionnaires appropriate to the research topic. We sought to examine old and new forms of urban solid waste management, the evolution of the historical process of this issue in the city and its social and environmental impacts, and the collectors the main social actors in this process. The complexity that addresses this issue was dealt with in this dynamic study, analyzing all parts involved

The Estimation of the Ecological Condition of the City Environment by Methods of Phytoindication (as Applied to the Vasileostrovsky District of St. Petersburg)

The project aimed to use results of contamination of city vegetation with heavy metals and sulphur compounds as the basis for analysing the integral response of trees and shrubs to contamination, through a complex method of phytoindication. The results were used to draw up recommendations on pollution reduction in the city and to develop the method of phytoindication as a means of monitoring environmental pollution in St. Petersburg and other large cities. Field investigations were carried out in August 1996, and 66 descriptions of green areas were made in order to estimate the functional state of plants in the Vasileostrovsky district. Investigations of the spectrum reflecting properties of plants showed considerable variation of albedo meanings of leaves under the influence of various internal and external factors. The results indicated that lime trees most closely reflect the condition of the environment. Practically all the green areas studied were in poor condition, the only exceptions being areas of ash trees, which are more resistant to environmental pollution, and one lime-tree alley in a comparatively unpolluted street. The study identified those types of trees which are more or less resistant to complex environmental pollution and Ms. Terekhina recommends that the species in the present green areas be changed to include a higher number of the more resistant species. The turbidimetric analysis of tree barks for sulphates gave an indication of the level and spatial distribution of each pollutant, and the results also confirmed other findings that electric conductivity is a significant feature in determining the extent of sulphate pollution. In testing for various metals, the lime tree showed the highest contents for all elements except magnesium, copper, zinc, cadmium and strontium, again confirming the species' vulnerability to pollution. Medium rates of concentration in the city and environs showed that city plants concentrate 3 times as many different elements and 10 times more chromium, copper and lead than do those in the suburbs. The second stage of the study was based on the concept of phytoindication, which presupposes that changes in the relation of chemical elements in regional biological circulation under the influence of technogenesis provide a criterion for predicting displacements in people's health. There are certain basic factors in this concept. The first is that all living beings are related ecologically as well as by their evolutionary origin, and that the lower an organism is on the evolutionary scale, the less adaptational reserve it has. The second is that smaller concentrations of chemical elements are needed for toxicological influence on plants than on people and so the former's reactions to geochemical factors are easier to characterise. Visual indicational features of urban plants are well defined and can form the basis of a complex "environment - public health" analysis. Specific plant reactions reflecting atmospheric pollution and other components of urbogeosystems make it possible to determine indication criteria for predicting possible disturbances in the general state of health of the population. Thirdly the results of phytoindication investigations must be taken together with information about public health in the area. It only proved possibly to analyse general indexes of public health based on statistical data from the late 1980s and early 1990s as the data of later years were greatly influenced by social factors. These data show that the rates of illness in St. Petersburg (especially for children) are higher than in Russia as a whole, for most classes of diseases, indicating that the population there is more sensitive to the ecological state of the urban environment. The Vasileostrovsky district had the second highest sick rate for adullts, while the rate of infant mortality in the first year of life was highest there. Ms. Terekhina recommends further studies to more precisely assess the effectiveness of the methods she tested, but has drawn up a proposed map of environmental hazard for the population, taking into account prevailing wind directions.

Physicochemical parameters of water sample the four coastal lagoons at the Peninsula of Yucatan

Study sites. Samples of surface water were taken from 4 coastal lagoons on the Yucatan Peninsula in Mexico: Celestun (20° 45' N - 90° 22' W), Chelem (21° 15' N - 89° 45' W), Rosada Lagoon (21º 19' N - 89º 19' W), and Sabancuy Estuary (18° 58' N - 91° 12' W). The sampling was performed from august to October of 2011 (Chelem 08/24; Laguna Rosada 09/06; Celestún 09/28; Sabancuy 10/25). The sampling was random without replacement and 10 samples of surface water were collected along a transect parallel to the coastal axis. Samples were deposited in sterile plastic bottles and conserved in refrigeration at 4°C. All samples were processed within 24 hours after sampling. According to the Mexican laws and regulations no permissions are required to obtain water and sediment samples from open public areas. Analysis of environmental and physicochemical parameters. Determinations of the environmental parameters were performed with a Hach 5465000 model 156 multi-parameter measuring instrument. The Lorenzen method was used to determine chlorophyll-a (21) with 90% acetone and the concentration was calculated according to the formula: Chla= 27.63 (OD665o - OD665a)(VA)/VM x L Where, OD665o: absorbance at 665 nm before acidification; OD665a: absorbance at 665 nm after acidification; VA: volume (ml) of acetone for extraction; VM: volume (ml) of filtered water; L: length (cm) of the photometric cell. Determinations of the physicochemical parameters (silicates, phosphates, nitrates, nitrites and ammonia) were performed using the spectrophotometric techniques described and modified by Strickland and Parsons (1972).

El nexo entre urbanización y turismo: análisis de la opinión pública

Este estudio contribuye al conocimiento del contexto de opinión en el que tiene lugar el proceso de modernización turístico-residencial. Los resultados se basan en una encuesta a una muestra de 430 personas residentes en tres municipios del sur de la provincia de Alicante, en los que el proceso de modernización turística vinculado al crecimiento de la oferta residencial de viviendas destinadas a un uso no principal —típico de las regiones mediterráneas españolas— se ha mostrado con especial intensidad. El análisis de los datos confirma la existencia de un contexto general de legitimación que contrasta con los diagnósticos críticos realizados por la mayoría de los investigadores que han estudiado el proceso. Ello parece indicar un contexto de opinión pública en el que los principios que garantizan el equilibrio del sistema no se cuestionan. En cambio, la discusión se centra en debatir la intensidad con la que deben aplicarse las recetas conocidas.

A hora da alfabetização: atores, ideias e instituições na construção do PAIC-CE

The objective of this thesis is to understand how a certain social condition becomes relevant enough to be regarded as an issue worthy of government action and how certain proposed initiatives prevail while others are discarded. More specifically, the goal is to discuss public policy for education and check whether the analytical models employed are significant enough to explain how the literacy issue became part of the policy agenda of the government of the State of Ceará in Brazil, and how the Literacy Program at the Right Age (PAIC) developed over time. From the empirical perspective about public policy for education in Brazil, this is a relevant case when one takes into account that, historically, the literacy policies are focused on teenagers and adults, implying a lack of specific initiatives towards children at the proper age of learning to read and write. In order to understand what drove this issue to the top of the state government agenda, this thesis is primarily based on the literature about public policy analysis, with focus on the agenda setting process and development of proposals. A hybrid approach is used, combining analytical tools from Kingdon’s Multiple Streams Model (1995), the Advocacy Coalition Framework by Sabatier and Jenkins Smith (1993) and the historical new institutionalism lens. The research method is qualitative and based on the single case study method. The data set was assembled from institutional PAIC-related documents, tachygraphy notes from sessions at Ceará’s State House of Representatives, press clippings, academic studies and interviews with key participants from several organizations. The conclusion of this thesis is that, given the complexity of the case in point, the combination of the three analytical methods is adequate and necessary to understanding the multiple drivers for this issue to have entered Ceará’s state government agenda and the design of the PAIC itself. Particularly relevant are the ideas and the policy entrepreneurs, the processes of problem recognition for the composition of a wide coalition and for the specification of alternatives, and the path dependence of the education policy in Ceará. This study adds, as a result, to a better understanding of the stages that make up the agenda setting in public policy, in particular in the field of education.

A hora da alfabetização: atores, ideias e instituições na construção do PAIC-CE

The objective of this thesis is to understand how a certain social condition becomes relevant enough to be regarded as an issue worthy of government action and how certain proposed initiatives prevail while others are discarded. More specifically, the goal is to discuss public policy for education and check whether the analytical models employed are significant enough to explain how the literacy issue became part of the policy agenda of the government of the State of Ceará in Brazil, and how the Literacy Program at the Right Age (PAIC) developed over time. From the empirical perspective about public policy for education in Brazil, this is a relevant case when one takes into account that, historically, the literacy policies are focused on teenagers and adults, implying a lack of specific initiatives towards children at the proper age of learning to read and write. In order to understand what drove this issue to the top of the state government agenda, this thesis is primarily based on the literature about public policy analysis, with focus on the agenda setting process and development of proposals. A hybrid approach is used, combining analytical tools from Kingdon’s Multiple Streams Model (1995), the Advocacy Coalition Framework by Sabatier and Jenkins Smith (1993) and the historical new institutionalism lens. The research method is qualitative and based on the single case study method. The data set was assembled from institutional PAIC-related documents, tachygraphy notes from sessions at Ceará’s State House of Representatives, press clippings, academic studies and interviews with key participants from several organizations. The conclusion of this thesis is that, given the complexity of the case in point, the combination of the three analytical methods is adequate and necessary to understanding the multiple drivers for this issue to have entered Ceará’s state government agenda and the design of the PAIC itself. Particularly relevant are the ideas and the policy entrepreneurs, the processes of problem recognition for the composition of a wide coalition and for the specification of alternatives, and the path dependence of the education policy in Ceará. This study adds, as a result, to a better understanding of the stages that make up the agenda setting in public policy, in particular in the field of education.

Entre reglas y excepciones. Es decir, como legitimar las decisiones colectivas

El ensayo examina la cuestión de la aplicación de las reglas y de la capacidad real para tratar casos específicos, llegando a la conclusión de que es la excepción la que confirma la regla, a condición de que sea dialógicamente construida, para que sea interpretable y aplicable por parte de sus numerosos destinatarios en las políticas públicas más complejas y conflictuales, sobre todo a nivel local.

Refocusing regulatory exclusivities: Regulatory data protection and marketing exclusivity as forms of pharmaceutical innovation policy

Protection of innovation in the pharmaceutical industry has traditionally been realised through protection of inventions via patents. However, in the European Union regulatory exclusivities restricting market entry of generic products confer tailored, industry specific protection for final, marketable products. This paper retraces the protection conferred by the different forms of exclusivity and assesses them in the light of recent transparency policies of the European Medicines Agency. The purpose of the paper is to argue for rethinking the role of regulatory data as a key tool of innovation policy and for refocusing the attention from patents to the existing regulatory framework. After detailed assessment of the exclusivity regime, the paper identifies key areas of improvement calling for reassessment so as to promote better functioning of the regime as an incentive for accelerated innovation. While economic and public health analysis necessarily provide final answers as to necessity of reform, this paper provides a legal perspective to the issue, appraising the current regulatory framework and identifying areas for further analysis.

Relatos y Redes de Política Pública de Niñez en Colombia 1991 - 2014

El presente estudio describe los cambios en la políticas públicas de niñez en Colombia entre 1991 y 2014, mediante el análisis tanto de las narrativas y contranarrativas de política gestadas en este periodo de tiempo, como de los factores que propiciaron la conformación de una red de política pública y el posterior desarrollo de diversos modos de interacción entre los grupos de actores identificados. Parte esta investigación de situar antecedentes y factores relevantes que permiten contrastar, por un lado, contenidos y perspectivas entre diferentes periodos de tiempo, y por otro lado, el número, tipo, y dinámica de relaciones entre los diversos actores involucrados en este campo antes de 1991, y posterior a este año hasta 2014. En síntesis, a través de los hallazgos y análisis realizados se busca no solo plantear qué se transformó entre 1991 y 2014 respecto a la construcción de la niñez como referente de políticas públicas, sino también, cómo se gestó esta transformación, con el fin de proveer elementos que permitan comprender principalmente los énfasis y las variaciones que han tenido las políticas públicas de niñez en el país, pero también, algunas continuidades por periodos más específicos de tiempo.

Condicionantes económicas de Colombia y la alianza del Pacífico

La principal finalidad de este estudio, es presentar una visión actualizada y genérica respecto a las condicionantes económicas de Colombia en particular y las relacionadas con el conjunto de países que conforman la Alianza del Pacífico en general –Chile, Colombia, México y Perú. Se trata de un estudio no experimental, descriptivo-interpretativo con énfasis en la revisión de datos. Entre las conclusiones más importantes se destacan los niveles de crecimiento económico con mayor estabilidad se presentan en Chile y Perú, una dependencia comercial exterior de México hacia Estados Unidos y que en Colombia se tiene el caso de que el aumento de producción que se hace evidente, no impacta tanto como era de esperarse, en la variable empleo.