921 resultados para Right to development
Resumo:
This dissertation documents the everyday lives and spaces of a population of youth typically constructed as out of place, and the broader urban context in which they are rendered as such. Thirty-three female and transgender street youth participated in the development of this youth-based participatory action research (YPAR) project utilizing geo-ethnographic methods, auto-photography, and archival research throughout a six-phase, eighteen-month research process in Bogotá, Colombia. ^ This dissertation details the participatory writing process that enabled the YPAR research team to destabilize dominant representations of both street girls and urban space and the participatory mapping process that enabled the development of a youth vision of the city through cartographic images. The maps display individual and aggregate spatial data indicating trends within and making comparisons between three subgroups of the research population according to nine spatial variables. These spatial data, coupled with photographic and ethnographic data, substantiate that street girls’ mobilities and activity spaces intersect with and are altered by state-sponsored urban renewal projects and paramilitary-led social cleansing killings, both efforts to clean up Bogotá by purging the city center of deviant populations and places. ^ Advancing an ethical approach to conducting research with excluded populations, this dissertation argues for the enactment of critical field praxis and care ethics within a YPAR framework to incorporate young people as principal research actors rather than merely voices represented in adultist academic discourse. Interjection of considerations of space, gender, and participation into the study of street youth produce new ways of envisioning the city and the role of young people in research. Instead of seeing the city from a panoptic view, Bogotá is revealed through the eyes of street youth who participated in the construction and feminist visualization of a new cartography and counter-map of the city grounded in embodied, situated praxis. This dissertation presents a socially responsible approach to conducting action-research with high-risk youth by documenting how street girls reclaim their right to the city on paper and in practice; through maps of their everyday exclusion in Bogotá followed by activism to fight against it.^
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The etiology of central nervous system tumors (CNSTs) is mainly unknown. Aside from extremely rare genetic conditions, such as neurofibromatosis and tuberous sclerosis, the only unequivocally identified risk factor is exposure to ionizing radiation, and this explains only a very small fraction of cases. Using meta-analysis, gene networking and bioinformatics methods, this dissertation explored the hypothesis that environmental exposures produce genetic and epigenetic alterations that may be involved in the etiology of CNSTs. A meta-analysis of epidemiological studies of pesticides and pediatric brain tumors revealed a significantly increased risk of brain tumors among children whose mothers had farm-related exposures during pregnancy. A dose response was recognized when this risk estimate was compared to those for risk of brain tumors from maternal exposure to non-agricultural pesticides during pregnancy, and risk of brain tumors among children exposed to agricultural activities. Through meta-analysis of several microarray studies which compared normal tissue to astrocytomas, we were able to identify a list of 554 genes which were differentially expressed in the majority of astrocytomas. Many of these genes have in fact been implicated in development of astrocytoma, including EGFR, HIF-1α, c-Myc, WNT5A, and IDH3A. Reverse engineering of these 554 genes using Bayesian network analysis produced a gene network for each grade of astrocytoma (Grade I-IV), and ‘key genes’ within each grade were identified. Genes found to be most influential to development of the highest grade of astrocytoma, Glioblastoma multiforme (GBM) were: COL4A1, EGFR, BTF3, MPP2, RAB31, CDK4, CD99, ANXA2, TOP2A, and SERBP1. Lastly, bioinformatics analysis of environmental databases and curated published results on GBM was able to identify numerous potential pathways and geneenvironment interactions that may play key roles in astrocytoma development. Findings from this research have strong potential to advance our understanding of the etiology and susceptibility to CNSTs. Validation of our ‘key genes’ and pathways could potentially lead to useful tools for early detection and novel therapeutic options for these tumors.
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From the second half of the twentieth century the state bega n to use exaction beyond your fiscalist character, also as a means of alignment deformities economic and social balance, influencing in different directions, according to economic, social and political policy. It is what is usually called the extrafiscalit y. It is in light of this phenomenon and the constitutional perspective, the present work aims to analyze item IV of article. 8 of Law n. 6.967/96, regulatory Property Tax Vehicle Automotive (property taxes) in the State of Rio Grande do Norte, in view of its possible incompatibility with the principles of the Basic Statute and with international guidelines for protection of the environment The problem of this research is Seated in art. 225 of the Constitution, which provides that everyone has the right to an ecologically balanced environment. From the reading of this standard, extracted it is the responsibility of the state protecting the environment, which requires the adoption of suitable actions to that end. However, we look to state law cited follows th e constitutional path, since it exempts the collection of property taxes automotive vehicles with over 10 years of manufacturing, which could encourage the conservation of a fleet of old vehicles, mostly more polluting and harmful to the environment and hu man health. Would the state legislature oblivious to the constitutional principles and the global trend of environmental preservation? Thus questions whether such an incentive for more polluting vehicles, emitting more gases in the atmosphere. Moreover, th e international community is already moving through important conventions in an attempt to minimize and control global warming and climate change. Predicting the theme in CF/88 demonstrates that the country is no stranger to the issue. Thus, the work is a retelling of Law No. 6.967/96 order to check whether it is compatible with the existing system. The methodology consists of a documentary, deductive, dialectical literature. At the end of the survey, it was found that provide a tax benefit to these vehicle s is encouraged to maintain them in circulation and contribute to the increase in air and noise pollution, in addition to the traffic problems generated. Thus, this potiguar anything standard can be expressed extrafiscality because the medium and long term there is encouragement and worsening environmental problem. Despite the ability to pay clause, but this remission is an affront to legally protected interests. Thus, this device goes in reverse order compared to the values of the legal system and in relat ion to sustainable development. Modern Tax Law should be used as a tool to achieve the purposes collimated by the State, and not otherwise. It was noticed that the vast majority of Brazilian states does not follow this rule, including Mato Grosso and Minas Gerais have no such exemption. Therefore, the RN State does not constitute a model for sustainable public policies, nor example of environmental protection by state law.
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The citizenship is a fundamental category to the democratic progress and the development and concretization of human rights, in addition to being one of the essential foundations of democratic contextualized in the rule of law of the Federative Republic of Brazil. That’s exactly why the discussion about its concept and content is a paramount requirement to the understanding and interpretation-application-concretization of the Federal Constitution of 1988, as well as its democracy, since there is no democracy without citizenship. That is why the general objective of the research is to determine the characteristics of the citizenship, relating it to the Law, as well as to discuss (critically) its inclusion in the list of fundamental rights and delimitate the scope of protection and the limits of this right, in the context of Brazilian law post-1988 Constitution. The specific objectives are: a) to analyze the concept of citizenship, its extent and scope, contextualizing it historically; b) to examine the evolution of the legal and regulatory treatment of the citizenship in Brazilian constitutions, focusing on the 1988 Constitution; c) assess whether citizenship can be considered a fundamental right; d) to investigate which implications, theoretical and practical, of assignment fundamentality character to the right to citizenship. This research identifies and deconstructs current conceptual confusions, such as the lack of distinction between citizenship and nationality; citizenship and electoral capacity; citizenship and person. It also helps to identify and oppose the generalizations, as well as the excessively abstract associations which tend to purely metaphysical understandings, fluid and empty of any content. The main virtue, however, is the proposed of understanding of the citizenship as a fundamental right and the examination of the relationship between citizenship and human dignity. In this context, citizenship appears as a corollary of human dignity and it goes beyond. This (human dignity) requires equality, non-arbitraries, non-excessive, disproportionate or unreasonable impositions affecting their freedom rights, and, yet, doesn’t affect a minimum core of possibilities of have to a decent life, in conditions of freedom and self-conformation involved in the necessary consideration of the individual as a subject. All of this requires a decision-making process, molded by the citizenship, which reaches the entire development process of possible state interventions, to ensure the person as a subject, the right holder and the objective point of reference of the juridical relations. Thus, the citizenship represents a substantial and beneficial addition to the human dignity, since the emancipated citizen is a person, formally and materially, qualified, to be able to build their own and collectively organized history, to participate effectively in the making processes decision juridical and social
Resumo:
While essential to human nature, health and life have been protected since ancient times by various areas of knowledge, particularly by the Law, given its dynamics within the regulation of social interactions. In Brazil, health has been granted major importance by the Federal Constitution of 1988, which, disrupting the dictatorial authoritarianism, inaugurating a Social State and focusing on the values of freedom and human dignity, raises health to the condition of a social right, marked predominantly by an obligational bias directed, primarily, to the State, through the enforcement of public policies. Although, given the limitation of the State action to the reserve for contingencies, it turns clear that an universalizing access to public health is impossible, seen that the high cost of medical provisions hinders the State to meet all the health needs of the rightholders. As a result of the inefficiency of the State, the effort of the Constituent Assembly of 1988 in creating a hybrid health system becomes nuclear, which, marked by the possibility of exploration of healthcare by the private initiative, assigns to the private enterprise a key role in supplementing the public health system, especially through the offer of health insurance plans. At this point, however, it becomes clear that health provisions rendered by the private agents are not unlimited, which involves discussions about services and procedures that should be excluded from the contractual coverage, for purposes of sectoral balance, situation which draws the indispensability of deliberations between Fundamental Rights on one hand, related to the protection of health and life, and contractual principles on the other hand, connected to the primacy of private autonomy. At this point, the importance of the regulation undertaken by the ANS, Brazilian National Health Agency, appears primordial, which, by means of its seized broad functions, considerable autonomy and technical discretion, has conditions to implement an effective control towards the harmonization of the regulatory triangle, the stability and development of the supplementary health system and, consequently, towards the universalization of the right to health, within constitutional contours. According to this, the present essay, resorting to a broad legislative, doctrinal and jurisprudential study, concludes that economic regulation over the private healthcare sector, when legitimately undertaken, provides progress and stability to the intervening segment and, besides, turns healthcare universalization feasible, in a way that it can not be replaced efficiently by any other State function.
Resumo:
This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study still has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to effect the Fundamental Right to Public Administration proba, efficient and honest. Thus, to achieve this mister, the proposal is to expose the pesamento the classic contractualist, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. After, it will be studied the theories of Fundamental Rights in order to demonstrate the need for the Civil Service should be veiled in a more specific custody rights, given the deep crisis in the Public Administrative practice due, especially, corruption. On the other side, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, which, to join a deliberative governance program needs to be politicized, adopting full participation, dialogue, as duty citizen. Furthermore, taking as most heart, will be presented the doctrine of Jürgen Habermas, whose Discourse Theory element is to be followed for the implementation of a This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of the government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study also has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to actualize the Fundamental Right to a just, efficient and honest Public Administration. Thus, to achieve this necessity, the proposal is to expose the thought of the classic contractualist thinkers, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well as how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. Later on, the theories of Fundamental Rights will be studied in order to demonstrate that the need for the Civil Service should be veiled in a more specific right custody, given the deep crisis in the Public Administrative practice due to, especially, the corruption. On the other hand, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, who, to join a deliberative governance program, needs to be politicized, adopting full participation and dialogue as a citizen responsibility. Furthermore, taking as the major heart, it will be presented the doctrine of Jürgen Habermas whose Discourse Theory element is to be followed for the implementation of a broad deliberative and emancipatory democracy, with effective citizen participation. It will also be considered the Condorcet Constitution Project as a comparative link in the linking of the public deliberative will, and the Central Power, in the face of the Theory of “Sluice” Habermas. The proposal, based on communicative action, must allow a continuous flux and influx process of social interests towards the exercise of administrative power. The dialogical deal, brought to the center of the decisions, will allow discussions in the public scope, and may contribute to the legitimacy of government actions, inasmuch as it creates the feeling of politicization demanded by the man in a democratic state.
Resumo:
The setting up of wind power enterprises at Permanent Preservation Areas reflects the obvious conflict and necessary convergence between free market and energy security on the one hand, and the promotion of environmental quality on the other. From the perspective of energy sustainability, and in order to achieve development (in its complex meaning, which converges economic, social, environmental and cultural aspects), the harmonization between free market and an ecologically sustainable environment is required. This work aims to identify the link between the protection system of the Permanent Preservation Areas and the current constitutional order, by analyzing the implementation of wind power enterprises in these protected zones focusing on the proportionality aspects. A legal and purposeful research was developed, from a theoretical method, followed by collecting and analyzing both primary and secondary data. From these data, the law, the legal literature and judicial decisions were cross-examined, under the light of the Constitution and guided by the theory of proportionality and related development imperatives. In this context, the present study identified the link between the principles of the economic order, environment and energy law, finding their basis under the Federal Constitution and development. By reproducing this interrelationship and by means of post-crisis institutional reforms, the guiding objectives of the Brazilian electric sector began to corroborate the precepts of development, although issues regarding its sustainability still persist. The appraisal of proportionality indicates that the Permanent Preservation Areas protection system is insufficient to materialize the right to a healthy quality of life upon the implementation of wind projects at Permanent Preservation Areas, albeit seeking the harmonization between free market and environmental protection.
Resumo:
The setting up of wind power enterprises at Permanent Preservation Areas reflects the obvious conflict and necessary convergence between free market and energy security on the one hand, and the promotion of environmental quality on the other. From the perspective of energy sustainability, and in order to achieve development (in its complex meaning, which converges economic, social, environmental and cultural aspects), the harmonization between free market and an ecologically sustainable environment is required. This work aims to identify the link between the protection system of the Permanent Preservation Areas and the current constitutional order, by analyzing the implementation of wind power enterprises in these protected zones focusing on the proportionality aspects. A legal and purposeful research was developed, from a theoretical method, followed by collecting and analyzing both primary and secondary data. From these data, the law, the legal literature and judicial decisions were cross-examined, under the light of the Constitution and guided by the theory of proportionality and related development imperatives. In this context, the present study identified the link between the principles of the economic order, environment and energy law, finding their basis under the Federal Constitution and development. By reproducing this interrelationship and by means of post-crisis institutional reforms, the guiding objectives of the Brazilian electric sector began to corroborate the precepts of development, although issues regarding its sustainability still persist. The appraisal of proportionality indicates that the Permanent Preservation Areas protection system is insufficient to materialize the right to a healthy quality of life upon the implementation of wind projects at Permanent Preservation Areas, albeit seeking the harmonization between free market and environmental protection.
Resumo:
The right to the preservation of a healthy environment is perceived as a Fundamental Right, inserted in the National Constitution and referring to present and future generations. The preservation of the environment is directly connected to the right to Health and Human Dignity and, therefore, must be treated as a personal right, unavailable, claiming for a positive response from the Brazilian State, through the development of related public policies, control of potentially harmful economic activities, with special focus on the principles of precaution and solidarity. The Brazilian judiciary must thus be attentive to the guardianship of the Fundamental Right. The judiciary control over the execution of public policies is based on obeying the principle of the separation, independence and harmony between the Powers, however it should never deviate from the constitutional obligation of caring for the effectivation of the rights and guarantees within the Magna Carta. In the balance between the principle of human dignity, from which springs the right to a healthy environment and the principle of separation of powers, the former should prevail, maintaining the latter to a core minimum.
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Estudo das condições para que os meios de comunicação comunitária venham a contribuir com a participação e organização dos movimentos populares. Os objetivos são analisar as relações entre as rádios comunitárias e o direito à moradia e compreender as implicações no desenvolvimento de processos político-comunicacionais subsidiados por uma metodologia de ação dialógica na produção de conteúdos realizados por agentes do movimento de moradia. A abordagem dialética é fundamentada principalmente no pensamento de Paulo Freire. As técnicas de pesquisa são a bibliográfica, a documental e a pesquisa-ação, a qual se desenvolveu junto à Associação para o Desenvolvimento Habitacional do Brasil – ADEHAB que atua na região conhecida como Área do Chafik, no Jardim Zaíra, em Mauá- SP, em parceria com a Rádio Comunitária Z FM, situada na mesma localidade. Concluise que a criação de novos fluxos comunicacionais comunitários incidem no fortalecimento do movimento popular e da rádio comunitária e os principais condicionantes para este processo reside na disposição dos movimentos populares em se apropriar dos espaços comunicativos reinventando sua práxis.
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The work is to demonstrate the scope of modern-day major regulatory provisions and the policies implemented to adoption of biofuels in the national energy matrix. The adoption of biofuels as an alternative to fossil fuels, is based on the realization of the fundamental right to an ecologically balanced environment mitigating hazards and environmental hazards arising from a postmodern society. However, the change in the Brazilian energy matrix observe the precepts of certain environmental principles to essentially environmental preservation The proposed Environmental rule of law is founded on the realization of the right (duty) key to an ecologically balanced environment for sustainable development. Thus, it is up to the State, in addition to considering the dangers and risks fruits of government decisions, present the possible instruments to mitigate the irreversible environmental damage to the environment. The management of environmental risks present in the ideals of an Environmental rule of law, plays an important role in the preservation and economic development, using, therefore, of acautelatórios legal instruments, such as environmental licensing and the ecological-economic zoning, measures adopted in the light of the principles of precaution and preservation. The adoption of research in the environmental field, improvement and development of environmental technology, building a system to observe ecological changes, imposition of environmental policy objectives to be achieved in the medium and long term and systematization of organizations plan a protection policy environmental, are essential measures to control possible environmental risks and damage guided by the aforementioned environmental principles. Thus, it will be used the inductive method of approach, starting from the analysis of the new perspective of Environmental rule of law and the implementation of biofuels in the context of a post-modern society, marked by uncertainty and the risk of damage, from the study of the principles of caution, maintaining and cautionary measures in mitigating the hazards and potential risks.
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La question du développement en Afrique a été perçue, dès 1962, par l’agronome René Dumont, comme le fait d’une occasion perdue. Mais peu à peu, ce diagnostic lucide a fait l’objet d’une vulgate colportée jusque dans les salons diplomatiques et enceintes officielles du développement international, de Washington à Paris en passant par Londres et Ottawa. Sujette à toutes les complaisances, la critique du développement international est elle-même devenue une « occasion perdue ». Mais en remontant la piste historique, on constate que les séquelles postcoloniales, tant politiques qu’économiques, ont façonné le contexte dans lequel les Africains se sont vus durablement privés de l’occasion de prendre en main leur destin. C’est ainsi que la structure économique extravertie et le poids d’une dette insolvable ont projeté plus profondément encore les pays africains dans la dépendance et la tutelle au monde industrialisé, en particulier à travers les programmes néolibéraux de la Banque mondiale, quelle que soit la mouture sous laquelle ils s’affichent (ajustement structurel ou lutte à la pauvreté). Dans cette veine, le critère de sélectivité dans l’aide publique au développement, mis en avant par l’institution internationale, et qu’adopte notamment le Canada, ouvre la porte aux abus de toutes sortes que commande le réalisme politique.
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The question of evaluations of development projects has been widely debated within the field of international development, with scholars and development practitioners calling for increased community-driven evaluations. However, there has been a paucity of research in community-led project evaluations, and a largely absent investigation utilizing visual anthropology/sociology methodologies. This paper seeks to shift this power by giving voice to the intended beneficiaries of an eco-tourism project in a rural indigenous Guatemala village. Through photographs taken by community members and corresponding interviews, this paper shows the way in which community members have and continue to reframe the idea of development in their village. Specifically, my analysis reveals how residents see changing forms of access, how they reframe ideas of beauty and modernization, and how they reframe their relationship to the land through Western conservation and private property ideals. This research thus provides an alternative narrative to the Western NGO’s evaluations and knowledge production, especially in respect to development and indigenous knowledge. By showing how community members are reframing the story of development, this paper demonstrates the usefulness of using participatory documentary photography in community-led evaluations, and helps balance the playing field by providing a much-needed alternative narrative of project evaluation.
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The over-riding perceptions of Victor Hugo’s attitudes towards women are intensely coloured by his deep-seated Romanticism and his well-testified, stifling and over-bearing treatment of women in his personal life. As such, Hugo’s contribution to the feminist struggle of his time has been woefully overlooked in the larger scheme of his social and political activism. Through a close examination of his largely unstudied public discourse on women’s rights, this thesis situates Hugo’s feminist views firmly in the context of Enlightenment feminism and 19th century feminism, while also drawing heavily on the illuminating principles of Enlightenment feminism. In particular, this thesis examines Hugo’s support for several of the most determining issues of 19th century French feminism, including women’s right to education, equal citizenship, universal suffrage rights, and the issue of regulated prostitution. Further, by examining the way in which Hugo’s views on women’s maternal role extended far beyond the limited vision of domesticity bolstered by the ideology of ‘republican motherhood’, this thesis engages in a re-appraisal of Hugo’s literary representation of maternity which identifies the maternal as a universal quality of devotion and self-sacrifice to which all humankind must aspire for the creation of a just, egalitarian, and democratic society. Though at times inevitably constrained by his Romanticism, this thesis demonstrates the extent to which Hugo’s feminism is grounded in his wider vision of social emancipation and is underpinned by a profound empathy, compassion, and moral conscience – qualities which are just as fundamental today, as they were for Hugo when participating in the fitful, though decisive, feminist struggle in 19th century France.
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L’étude des polymorphismes et des aspects multifactoriels des déterminants de la santé suscite un engouement majeur envers la recherche populationnelle en génétique et génomique. Cette méthode de recherche requiert cependant la collecte et l’analyse d’un nombre élevé d’échantillons biologiques et de données associées, ce qui stimule le développement des biobanques. Ces biobanques, composées des données personnelles et de santé de milliers de participants, constituent désormais une ressource essentielle permettant l’étude de l’étiologie des maladies complexes et multifactorielles, tout en augmentant la rapidité et la fiabilité des résultats de recherche. Afin d’optimiser l’utilisation de ces ressources, les chercheurs combinent maintenant les informations contenues dans différentes biobanques de manière à créer virtuellement des mégacohortes de sujets. Cependant, tout partage de données à des fins de recherche internationale est dépendant de la possibilité, à la fois légale et éthique, d’utiliser ces données aux fins pressenties. Le droit d’utiliser les données personnelles, médicales et génétiques de participants dans le cadre de recherches internationales est soumis à un ensemble complexe et exhaustif d’exigences légales et éthiques. Cette complexité est exacerbée lorsque les participants sont décédés. Fondée sur une révision de l’interprétation individualiste du concept de consentement éclairé, ainsi qu’une perspective constructiviste des concepts de confiance et d’autonomie, cette thèse se situe au carrefour de la recherche, du droit et de l’éthique, et a pour objectif de proposer un modèle promouvant l’harmonisation éthique et juridique des données aux fins de recherches internationales en génétique.