Direito fundamental ao tempo razoável do processo judicial: limites e possibilidades de concretização no ordenamento jurídico pátrio

This dissertation aims to address the limits and possibilities of realizing the fundamental right to reasonable time of the Brazilian legal system process. From this perspective, we analyze a reasonable time concept for the process, consistent with the civil homeland process; the relationship between efficiency, effectiveness, legal security and reasonable time of adjudication; a formal recognition of the fundamental right to reasonable time of the procedure in the Constitution of 1988; and the immediate applicability of this fundamental right. As indicated, the crisis of the Judiciary and procedural delay are problems directly related to the limits and possibilities of realization of the fundamental right under study. Moreover, we also present some mechanisms that can be used to overcome these problems. The subject was developed based on constitutional interpretation of fundamental rights, an approach that will always have this concern to be based on a methodology which includes the normative and empirical-dogmatic fields, realizing the fundamental right to reasonable time of the process. We adopted as methodological approach the study of this issue in judicial aspect, more specifically in the field of civil procedure. Finally, we weave through a critical and analytical view, our conclusions, which demonstrate the possibilities of overcoming the limits imposed to immediate implementation of the fundamental right to reasonable time of the process in our legal system

DEVIDO PROCESSO LEGAL E PROCESSO ADMINISTRATIVO SANCIONADOR NAS AGÊNCIAS REGULADORAS

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

Apelação no código de processo civil: uma análise sob o prisma do princípio da efetividade

The present dissertation, elaborated is based on the deductive method, through the use of the General Theory of Resources concepts, by the main types of judgments existing in the Code of Civil Procedure, the interlocutory judgment and sentence, as well as the features and effects that challenge these decisions, we sought to identify on this theme one of the greatest evils facing the justice system in the world, which is the processing delays. This slowness in adjudication affects seriously the principle of effectiveness, one of the postulates of procedural law and society as a whole. Thus, the use of tort serves to fight the interlocutory decision and appeal which challenges the judge`s ruling. It is a resource for excellence in appellate system as it meets with the most awaited decision of the process. In weighing the importance of the appeal that seeks to oppose the court decision today by the numerous reforms that the procedural system has been through, it has ended up to transform the process ineffective or inconsistent, for it is much easier to have efficacy in a interlocutory decision for preliminary injunction than by judgment on the merits of the judge. This is due to the prevision of the resources and their effect to those decisions. That is, the interlocutory decision involves interlocutory appeal only in the devolved effect, allowing its provisional execution, and the sentence has as recourse to appeal the double effect, remanding and suspension, which necessarily prevents its provisional execution. But it undeniably shows a paradox, because as to give effect to a measure that is based on a mere probability by a summary cognition, partial and superficial, and stop it on a decision by a court that is closer to the truth and sure, for a full and depleting cognition? It is seriously affect the principle of effectiveness. Therefore, starting from this ineffectiveness, sought to defend the solution of this problem with the approval of the bill n. º 3.605/2004 or the new Code of Civil Procedure project that modifies the general rule the effects of appeal. That is, remanding and suspensive, as to merely remanding effect to and thereby enable the provisional execution of the judgment of the court of the first degree of jurisdiction, giving effectiveness and enhancing the decision of the magistrate, making a fair distribution of time in the process and better guaranteed principle of access to justice

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

Efeitos individuais e interativos da diversidade de detritos, contexto e variabilidade ambiental sobre a magnitude e estabilidade do processo de decomposição

Studies on the effects of changes in biodiversity and ecosystem functioning have been a central theme in ecology over the past two decades. Several studies have showed that the diversity of plant debris differently affects the decomposition process in aquatic and terrestrial environments, but we know very about the effects of detritus diversity on decomposition under fluctuating environmental conditions. We tested whether and how the environmental contexts, as well as the dynamic of their alternation, influence the effects of detritus diversity on the decomposition process. We performed a field experiment where we manipulate the litter diversity of 8 species of terrestrial plants decomposing (litterbags) in single and in mixture containing the eight species together in three different environmental contexts: the terrestrial environment (T), aquatic (A) and interface (I) - experimental treatment that simulates variation in flooding regime. We measured the rate of decomposition through the loss of mass of the community and each individual detritus in monocultures and mixtures. Species richness and environmental variability had no effects on the magnitude and stability of the decomposition process. However, there were significant diversity effects on the decomposition of an individual alien species, F. benjamina. Environmental context had significant effects on the magnitude and variability of decomposition. Detritus decomposition was faster and more variable on aquatic, interface and terrestrial conditions, respectively. Our results demonstrate that the diversity of plant detritus has minor effects to the decomposition across disparate environmental conditions and suggest that it is necessary to consider the potential of other abiotic factors in affect the magnitude and variability of the decomposition processes

Remoção de matéria orgânica, de nutrientes e de coliformes no processo anaeróbio em dois estágios (reator compartimentado seguido de reator UASB) para o tratamento de águas residuárias de suinocultura

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Controle estatístico aplicado ao processo de colheita mecanizada diurna e noturna de cana-de-açúcar

The system of mechanized harvesting can seek process improvements using quality tools that can assist in reducing losses, damaged ratoons and increase the longevity of sugarcane crop. Therefore, the objective this study was to detect the effective control of the variability of losses and damage to ratoon and identify whether they are within acceptable standards. Thus, 40 points were sampled in two periods of harvest, diurnal and nocturnal, in rectangular grids (55 x 45 m) for determining visible losses (whole and shattered billets, fixed and loose piece, stump and shrapnel), using frames of 10 m(2). Also, we measured the height of cut and degree of damage to ratoon (without damage, partial injury and fragmentation). The statistic used was descriptive variables for the loss of sugarcane during the diurnal (D) and nocturnal (N) periods, analysis of variance using the F test at 5% probability and the Tukey test for comparison of the mean, also using the statistical control through charts process. There was no difference to ratoon damage. In the process of harvest, losses of whole and shattered billets by grinding were considered under control, so as losses from the stump. on the other hand, the losses of fixed piece, shrapnel and whole-cane were not controlled. The cutting height and total losses were higher during the nocturnal harvest. The charts were shown to be effective for the evaluation of control process of diurnal and nocturnal harvests.

Autoconhecimento e práticas corporais: para uma educação transpessoal integradora do saber ao ser no processo de formação inicial dos alunos de educação física

This thesis deals with the self-knowledge importance and corporal practices and the contribution of the Transpersonal Education for the initial formation process of students of Physical Education. In this context, students are stimulated to come in contact with the bases of learning to know, to make, to live together and to be for the promotion of integral education. We give priority to holistic conception of educating based in Emergent Paradigm. In this conception, student in initial formation is led to get back the view of integral being, life and love as education basis. We had as starting point, the essential dimensions to the learning geared toward the embodiment integration, autopoiesis and trans-disciplinarity. This work presents tracks for the teacher formation of Physical Education. It deals with the unfolding of teaching experiences in 2006, in Graduation Course in Physical Education of Universidade Federal do Rio Grande do Norte, in subject of Corporal Conscience, offered to undergraduate students which can be characterized as an action-research. This process was chosen as knowledge and intervention method because it allowed knowing and acting at the same time, studying the conditions and results of accomplished experience. In shared meetings with reflected experiences, we appeal to the experiences of situations that had mobilized the corporal, emotional, mental and spiritual dimensions of participants. The data collected through observations, accounts, questionnaires and interviews of learning processes had been starting points for the beginning of dialogue along with students of Graduation Course in Physical Education. The findings had been interpreted through of hermeneutics and discourse analysis. In this research, participants are considered as protagonist and boosters of educative process. The theoretical basis was supported by Transpersonal Education which contributed for a peace culture and respectful relationship. In its initial formation process, this research protagonists had evidenced of the importance of transpersonal education, geared toward action and changing, new ways of being and living together, facing the daily conflicts from a human and rational perspective. The research emphasized the importance of a new look on the teacher formation of Physical Education to face the limits of fragmented formation. Thus, we recognize that through the teacher education process, the transpersonal education provided wide significant changes reported during research, extending and re-meaning different learning levels such as: cognitive, emotional, attitudinal, and behavioral geared toward the personal and transpersonal development, reiterating the relevance of self-knowledge for development and establishment of pedagogical practice which prioritizes the life direction. The necessity of integrating knowledge to being in the initial process of teaching formation was emphasized in all the transpersonal meetings

O processo avaliativo institucional de desempenho do sistema público municipal de Teresina-PI (2001 a 2005): entre a lógica da excelência e a lógica da aprendizagem

This work focalize the institutional and educational evaluation, aiming to investigate the Municipal System Institutional Evaluation Performance of Teresina City Piauí (2001-2005), and to reflect about Institutional System Performance and its contribution to compose a new learning evaluation practice. In this sense, classifies elements about the evaluation practice in two Elementary Education municipal public schools, involving Education Municipal Bureau technicians as managers, pedagogues, teachers and students. Based on the ethnographic studies principles in the educational area, the work employs investigative procedures like document analysis, interviews with groups and individuals and also participator s comments. Intending to comprehend the complexity produced by the institutional and education evaluation processes, the wok reveals the Institutional Evaluation legal and educational political basis and the several positions assumed by the Learning Evaluation, as a classification tool or as a learning enhancement. This work points, as results, to a evaluation culture bipolarity carried out by the Municipal Education System as a explicit control and regulation toll, related to the classification and learning in a interaction process that operates both in the pressure and the reflection, as a culture practice established between excellence of logic and learning. The evaluation history has been construct on the evaluation actions dialectics, joint simultaneously between the Institutional Evaluation Performance and the learning evaluation. The senses, meanings and actions bipolarity is a interaction process product sustained between the institutional evaluation, under the scholar ranking application, and the learning evaluation. In this relativity, the teacher evaluation practice is found, ruled by interesting, thoughts and actions on the school evaluation, allowing a higher security and support to the learning results. Grounded in the researched reality, its possible to say that the teacher s evaluation practice is diversified, with different characteristics, when it is done in the learning search and in the learning intention. In the first case, reflects, rearranges and constructs new actions that lead the student to produce learning. In the second, shows the will, the wish of learning, but is a weak action, producing a not really significant learning and development; as a result, remains the mark approach as a determinant in the student future. The work s hope is to contribute not just to rethink these two evaluations dimensions the institutional and the learning ones but also to organize the school and to improve the pedagogic process

O processo de invenção de si: um estudo sobre a construção identitária de pedagogas em formação

This work was developed in the course of Pedagogy, Universidade Federal do Rio Grande do Norte. Aims to understand the process of identity construction of teachers and educators in initial training. We started from the idea that such process was made by a complex and interdependent movement, once it was an inventive phenomenon wrought by individuals who are authors and actors of the story of their "real life" (KAUFMANN). This identity is rooted in the trajectories and social biographical experiences (FERREIRA), relationships with the constructed and accumulated knowledge in this route (CHARLOT) and in the developing of a sense of cultural belonging institutionally constructed (Luckmann, Berger). Then, the training involves relationships with knowledge in several instances, considering the effects, in one hand, the historic-social production and, in another hand, from the positions of subject and their biographical itinerary, existential and formative. We used the methodology of the Comprehensive Interview (KAUFMANN; SILVA), associated with a network of theoretical references, empirical and very analytical and interpretive activity. She researcher also relied on the "sensitive listening" (BARBIER), empathic attitude of "listening / seeing" the subject, and the notion of "intellectual artisan" (MILLS). The individual interviews were supplemented by the Focus Group. The approach was multi-referential (ARDOINO; MACEDO), with the intertwining of different perspectives, allowing a more complex configuration and less reductionist. In the analysis and interpretation we located the starting point, genesis of identity whose dynamics is not rigidly determined, but localized in space-time that precedes entry into the initial training. It is the time of concerns, questions and reflections about what you want to be in the future professional life. In sequence, we saw the route, multifaceted process whose the direction is the increasing involvement of individuals with their training. This training is engendered by the relations with the curricular, extracurricular and discursive knowledge, as simultaneous dynamics of self training and socio training. The self training of the individuals, understanding the critical, ethic and authority reading of their own experiences, is also seen as an exercise of shared responsibility, it assumes that the relationship with others meanings and professor mediation. The socio training refers to the collective subject and turns to the historical production and diversified knowledge, and comprehension of the various training instances. Self training and socio training are both objects of negotiation, because they are provocative of new designs, and cultural and identity maps, mobilizing the senses towards new meanings of themselves and the professional reality. It is in this interdependence between what is historically produced and the experiences of the subjects, who we located the arrival, considering it as a radically incomplete process of the professional identity and the building itself.

Itinerário educacional de uma aluna cega e a busca pela imagem adaptada

The scope of this study directs an investigation in search of how the blind person learns knowledge at school mediated by the image in context of an inclusive education and how it can be (or is) triggered by the adaptation of images to the tactile seizure of the blind person and his correlative process of reading. To achieve this intent we choose a qualitative approach of research and opted for the modality of case study, based on the empirical field of a public school in the city of Cruzeta, RN and as a the main subject a congenitally blind female student enrolled in high school there, focusing, often, on the discipline of geography in its words mapping. Our procedures for construction of data are directly involved to the documentary analysis of open reflective interview and observation. The base guiding theory of our assessments is located in the current understanding about the human psychological development of its educational process inside an inclusive perspective, of contemporary conceptions about the visual disability as well of image as a cultural product. Accordingly, the human person is a concrete subject, whose development is deeply marked by the culture, historically built by human society. This subject regardless of his specific features, grasping the world in an interactive and immediate way, internalising and producing culture. In this thinking, we believe that the blind person perceives in multiple senses the stimuli of his environment and acts in the world toward his integration into the social environment. The image as a product of culture, historically and socially determined, appears as a sign conventionally used as an icon that in itself concentrates knowledge of which the student who does not realize visually himself and his surroundings cannot be excluded. In this direction, the inclusive educational process must build conditions of access to knowledge for all students without distinction, including access to the interpretation of the images originally intended for the seizure strictly visual to other perceptive models. Based in this theory and adopting principles of content analysis, we circulated inside the interpretation of the data constructed from the analysis of documents, from the subject speeches, from records of the observation made in the classroom and other notes of the field daily. In the search for pictures on the school contents, adapted to the tactile seizure of blind student, was seen little and not systematic in practice and teaching at the school. It showed us the itinerary of the student life marked by a succession of supports, most of the time inappropriate and pioneers in cooling the construction of her autonomy. It also showed us the tensions and contradictions of a school environment, supposedly inclusive, that stumbles in search of its intent, in the attitudinal and cumulative barriers brought, because of its aggravating maintenance. These findings arose of crossing data around of a categorization that gives importance to 1) Concepts regarding the school inclusion, 2) Elements of the school organization, educational proposal and teaching practice, 3) Meaning of the visual image as the object of knowledge, 4) Perception in multiple senses and 5) Development and learning of the blind person before impositions of the social environment. In light of these findings we infer that it must be guaranteed to the disabled person removal of the attitudinal barriers that are against his full development and the construction of his autonomy. In that sense, should be given opportunity to the student with visual disability, similarly to all students, not only access to school, but also the dynamics of a school life efficient, that means the seizure of knowledge in all its modalities, including the imagery. To that end, there is a need of the continued training of teachers, construction of a support network in response to all needs of students, and the opportunity to development of reading skills beyond a perspective eminently focused in the sight

Uma ação reflexiva sobre o processo de (re)escrita de textos: a prática pedagógica da professora Maria

T he reflexive action on the process of texts (re)writing, central topic of this study, is still a challenge within the elementary school. What made this issue a special theme of study was the fact that the chosen focus is based on a lived experiences with (re) writing activities where the uniqueness of the professional practice would be transformed into a place of knowledge production, offering theoretical and a practical support to a teacher, in order to understand the interactive nature of language as a space for recovery of the individual (as a historical, social, and cultural being). The empirical field research, structured in the light of assumptions of qualitative research into the action research format, was a public school in Bahia, in a third grade classroom. The instruments of data collection were open questionnaire, semistructured interviews, observations with video recording, documentary analysis of texts produced by students, and reflective sessions. The objectives that supported the research study were: 1) Investigate, in the pedagogical action of teacher Maria, activities on the writing process, 2) Interact with the teacher, in the form of action inquiry to: a) reflect on the procedures for theoretical and methodological development of reflective practice on the process of the (re) writing of the text, b) intervene in the construction of didactic situations that enable the learning and the development of reflexive actions in the (re) writing of texts. To accomplish these goals, it was established as a commitment a dialogic communication with the protagonist, providing reflection sessions so she could examine her teaching practices. The most relevant theoretical arguments to the establishment of this research came from the theoretical and methodological approaches of Bakhtin s theory of enunciation-discourse (2003, 2004) and Vygotsky s socio-interactionist theory (1989, 1998), as it is believed that both theories, through a paradigm shift, in which the constitution of the individual and the participation of others in the actions of analysis and reflection on the language, would give opportunities for internalization and construction of knowledge. The systematic and critical pondering led the participating teacher into reviewing her teaching praxis, compelling her to promote a more insightful understanding of the writing process of her students. That experirence brought into evidence three categories of actions: 1) actions that reflect the technical rationalism, 2) actions that reflect an emancipatory metamorphosis, and 3) actions that reflect empowerment and awareness. The results confirm that the action / reflection on the process of the (re) writing of a text has a dimension of increasing levels of awareness and self criticism, reproducing other meanings for teaching praxis

Avaliação da eficiência da desinfecção de teteiras e dos tetos no processo de ordenha mecânica de vacas

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

As relações entre o público e o privado no processo de expansão do ensino superior no Brasil: democratização ou mercantilização?

The present study analyzes the expansion of Brazilian superior education, investigating how the public and the private sectors are inserted in this process, taking as analysis dimensions the philanthropic actions, the democratization and the mercantilism. The study had for general objective to analyze the dynamics of the expansion of superior education in Brazil, investigating how it configures the overlap between the public and the private in this process. More specifically was tried: a) to understand the process of participation of the non-state public, state and private sectors with lucrative goals in the expansion of superior education; b) to analyze the limits between the democratization and mercantilism in the process of expansion of superior education; c) to analyze the mechanisms that express the privatization in the process of expansion of superior education; d) to investigate, in a program of the government, how is materialized the overlap between the public and the private, in the expansion of superior education. In the development of the study, was adopted as theoretician and methodological way a historical and critical perspective, because is considered it allows to understand the mediations between the inquiry subject and the historical context in which it is developed, allowing, this way, the true explanation of the studied object. About the technician procedures, it was adopted documentary and bibliographical research. Also, secondary data were searched on the main governmental web sites (INEP, SISPROUNI, INEP, PNUD; IBGE) which produce statistics on superior education and sponsors of private institutions of superior education, as example ABMES and the Court of Accounts of the Union, amongst others. The study results had delineated a picture that allows to evidence that has been occurring, in the country, a process of expansion of superior education, marked for the articulated participation of the public state, private with lucrative ends and private without lucrative ends sectors, but it is distinguished in recent years the prevalence of the private sector with lucrative ends. In result, it is concluded that this process of expansion cannot be considered as dimension of the democratization because it occurs by means that move it away from the education as a right to be placed in the scope of the market, changing the right into a service that is appropriated by mercantile relations

Morfometria de fibroblastos e fibrócitos durante o processo cicatricial na pele de coelhos da raça Nova Zelândia Branco tratados com calêndula

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)