Imunidade recíproca e livre concorrência: considerações acerca de sua fruição por empresas estatais

This study begins with a brief overview of tax immu nities in general, dealing with the concept, legal, doctrinal ratings and limits. Then enters into the reciprocal immunity, since its birth in the United States, its justifica tions, until her current developments in the Brazilian Supreme Court, which has expanded it quite considerably. That Court has extended to state owned enterprises, even if pa id by public prices or rates, or if acts somewhat away from its essential functions, es pecially if they are public services provider. Given this linkage, these are also treate d in own topic, grounded in newer doctrinal proposals and less attached to historical formalisms (see such Supremacy of Public Interest over Private one). Public services are approached in its diversity, oblivious to traditional monolithic nature and accu stomed to the modern doctrine of fundamental human rights. It deals also the princip les of free enterprise and free competition, given that the public service provider s have lived intensely in this environment, be they public or private agents. In d ialectical topic, these institutes are placed in joint discussion, all in an attempt to in vestigate their interactions and propose criteria less generic and removed from real ity, to assess the legitimacy of the mutual enjoyment of immunity by certain agents. Sev eral cases of the Court are analyzed individually, checking in each one the app lication of the proposed criteria, such logical-deductive activity and theory of pract ice approach. At the end, the conclusions refer to a reciprocal immunity less rhe torical and ideological and more pragmatic and consequentialist. It is proposed the end to the general rules or abstract formulas of subsumption, with concerns on the one h and the actual maintenance of the federal pact, and on the other by a solid econo mic order without inapt advantages to certain players, which flatly contradicts the co nstitutional premises.

Hermenêutica constitucional: neoconstitucionalismo e mitologia jurídica no automatismo do juiz

Elabora-se estudo de hermenêutica constitucional que envolve neoconstitucionalismo e estruturas míticas da realidade jurídica em face do automatismo judicial. Utiliza-se de método dialético em estudo teórico-descritivo de base documental. Busca analisar se há relação entre mitos jurídicos e automatismo do juiz na interpretação constitucional, bem como procura identificar se a mitificação do direito e o automatismo judicial influenciam o exercício da jurisdição pelo magistrado. Constata-se que há diferença entre interpretação constitucional e interpretação da Constituição, bem como que inexiste especificidade da interpretação constitucional em relação à interpretação jurídica. Comprova-se que os marcos histórico, filosófico e teórico do neoconstitucionalismo perdem seu sentido quando submetidos a apreciação crítica. Demonstra-se que a realidade jurídica decorre de processo mítico, no sentido de uma representação da realidade através da verdade compartilhada na crença e disseminada nos mitos, tal qual ocorre nos mitos da força normativa da constituição e do sentimento constitucional. Identifica-se a relação implicação recíproca entre mitos jurídicos e automatismo do juiz, além de verificar que o maagistrado atua no automático não apenas quando se conforma em ser o juiz boca da lei, mas também quando torna-se juiz boca do juízo, quer do juízo pessoal subjetivo, quer do juízo Institucional do Judiciário. Verifica-se que, uma das nuanças dos mitos está na representação de uma construção social compartilhada que descreve a realidade cultural circundante através das normas jurídicas e, nesse sentido, os mitos jurídicos são histórias com fundamento em verdades que merecem confiança, mas que, por outro lado, há mitos que atuam contra a normatividade positivada, como o mito do neoconstitucionalismo. Conclui-se que é imprescindível ao magistrado perceber que trabalha com mitos, compreender o processo de atuação e difusão dos mitos, e atuar de forma comprometida com sua atividade em benefício da sociedade, evitando incidir em automatismos de pensamento e ação, haja vista que o constitucionalismo é síntese de mudança (para adequar-se ao tempo vivencial) e permanência (para salvaguardar seu núcleo primordial) e precisa de um magistrado em estado de vigília para operar adequadamente a perspectiva de um direto de Estado democrático.

O objetivo constitucional de desenvolvimento e o instrumento jurídico-normativo do conteúdo local na indústria petrolífera

On the petroleum industry, the State developed the Local Content police as a regulatory action to guarantee the preference of the national supply industry. Observing that, this paper will analyze the Local Content police aware of the constitutional goal of development as wright in the Constituição Federal de 1988. For it, will be used the hypothetical-deductive method for identifying the Local Content police as State strategy of development turn it in the object of critics in a dialectic way of thinking to in the final, present a conclusion about the police. As result was saw that the existent structure of the police at Brazil is inefficient, claiming for a rebuilt. For conclusion, is said that because of the inadequate construction of the Local Content police created inside of the Agência Nacional do Petróleo – ANP, the efficiency of the full potential of the police is been stopped, something that can be only corrected although a re-make of the police

Mudanças na relação entre estado e mercado na produção de habitação de interesse social em Parnamirim-RN

The formulation of public policies, particularly those relating to social housing – SH -, follow a dialectical process of construction, which are involved in the figures of the State and tha Market.The combination of the State and Market remains in constant tension and struggle for power, which provides beyond products (policies, programs and projects), periods of crises and disruptions that can give rise to new institutional arrangements. It is possible to verify a change in the relationship between the State and the Market in the formulation of public policies of SH financing, justified by the context of the Brazilian economy growth, especially after 2003, year that began the first Lula Federal Government , and through the international financial crisis (in 2008). Thus, the State and the Real Estate Market has been undergoing a process of redefinition of their interrelations, articulating new arrangements, new scales of action and new logics of financial valorization of urban space. This peculiarity demanded the rapid thinning of speech and the proposals in the reformulation of housing policies, with the primary result within the pre-existing Growth Acceleration Program – PAC -, the release of My House , My Life – PMCMV -, established by Law 1.977 of the year 2009. Given the above, this research has as study object the relationship between financing public policies of SH, promoted by the State, and behavior of Formal Housing Market. It is believed that the established roles for each agent in the new housing finance model introduced with the PMCMV, have been adapted according to the needs of each location to make this a workable policy. It remains to identify the nature of these adaptations, in other words, what has changed in the performance of each agent involved in this process. Knowing that private capital remains where there is more chance of profit, we tend to believe that most of the adjustments were made on scale of State action. The recommendation of easing urban legislation taken by PMCMV points to how the State has been making these changes in activity to implement the production of social housing by this program. We conclude that in the change for PMCMV, the direct relationship for construction and housing projects financing began to be made between the Caixa Econômica Federal bank and the builders. The city was liberated from the direct interlocutor role between all actors involved in the production of SH and could concentrate on negotiating with the parties, focused on the effectiveness of SH public policies proposed by PMCMV. This ability and willingness for dialogue and negotiation of municipal government (represented by their managers), undoubtedly, represents a key factor for rapprochement between State and Real Estate Market in the City of Parnamirim.

Promoção da alimentação saudável na atenção primária à saúde: contribuição para construção coletiva do saber-fazer

The recognition of the food as determinant and health-disease process etching requires new explanations and interventions of the food and nutrition policy action and demand health care model based on the completeness of the actions and focused on health promotion. This study, characterized as research-action of interventionist character, sought to develop strategies to support the transverse insertion of healthy eating promotion in professionals practices a core of support for the health of the family and a family health strategy Unit in the city of Natal, capital of Rio Grande do Norte, from the analysis of perceptions and work processes of these teams. Several methodological strategies were adopted: Dialectical Hermeneutical Circle, direct observation, reflective and Thematic Meetings Workshop "Rethinking the educational practices for promoting healthy eating". For data logging, search diaries - SD were used and moments. The analysis of procedural form occurred in conjunction with research participants, in constant movement of reflection-action-reflection, based on hermeneutics-dialectic. About the results, in relation to the promotion of health, showed the following insights: health promotion and disease prevention-related harms; health promotion related to quality of life and well-being, in its various dimensions; health promotion as a responsibility of the State; health promotion related to the actions of health education; health promotion as an expression of efficaciousness and accessibility to health services. Regarding healthy nutrition, predominated the perceptions relating to nutritional aspects. With regard to food and nutritional education - FNE, it was observed a predominance of perception of FNE as information, guidance and knowledge transfer for changes of dietary practices. As regards the working process, it was observed that among the actions for health promotion, educational activities predominate, such as lectures, conversations, groups that mostly occur in fragmentary form, without joint planning teams, varying according to the professionals and the moment of work in which they are carried out. The results pointed to the need for reorganization of the work processes, in the context of intra-and intersectoral coordination and the construction of new technologies, such as: Health project of the territory – HPT, Unique Therapeutic Project- UPT, Expanded Clinic and educational practices, Shared with active teaching and learning methodologies. From the results we believe that it is necessary to "thought reform", from changes in vocational training and strengthening of the permanent education spaces, whereas the complexity that involves feeding, food and nutrition education and health promotion. The reformation of thought must be articulate and closely tied to the production of knowledge and practices that encourage intersectoral approach, the transversality, dialogue and democratic and supportive attitude, based on the collective construction of know-how. We hope that this study can contribute with reflections and initiatives that encourage building practices that promote healthy eating in primary health care, in terms of completeness of the care and the attainment of food security and nutrition.

O corpo em Michel Onfray

This inquiry looks it to think of the body through Hedonistic Philosophy of Michel Onfray. To compose his written, the philosopher launches strong criticism to the asceticism (constituted by the philosophical tradition and by the monoteístas religions), accusing it of despise the body and the pleasure of his teachings, anchored by the Christian moral. However, his philosophy defends the hedonismo and emphasizes the pleasure as an ethical / moral beginning, which aims the other as much as the individual himself, elevating the body and his potentialities through five senses. The contemplated philosophy allowed us think on the Physical Education, area wich, traditionally, was tied to the execution of disciplinary tasks of the body, disregarding the sensibility of his pedagogic practice. In this scenery, there is an ideal of body that attacks us daily, intensified by this area, which turns in the ethical problem of the body. From then, we launch our questions: From Michel Onfray philosophy, how the body shapes between the asceticism and the hedonismo?, What are the possible implications for the Physical Education? Ruled in the method of the Hedonistic Materialism, proposed by Michel Onfray, we think about this inquiry on two central points that contemplate our categories of study to be known: Glorious body and Loose living Body. We resort to Michel Onfray´s books, as well as, interviews given by the author in magazines / newspapers to help in our inquiry intentions. For the approach ethics / esthetics in the Physical Education, we use the texts of Silvino Santin and Hugo Lovisolo. Besides, we brought the cinema dialog. We classify this inquiry as a true Odyssey that transported us to unknown places and as a return to other already visited. This travel provided teachings that will help our wisdom on how survive the life, alerting us for the worship to the body like the cultivation of ourselves, and not as search of reaching physical standards stipulated by the society in force.

Políticas públicas, desenvolvimento local e participação social nas instâncias de governança associadas ao turismo no Rio Grande do Norte

In contemporary dynamics, a change is observed in the institutional structure of the state, culminating in several policies for the tourist sector which promote a new management format. The from this view, the Tourism Regionalization Macro Program (TRP), considered a significant program to Ministry of Tourism, arose as an answer to this new reality, having as strategy a joint working of structuring and promotion turned at decentralization of actions, valuing the residents participation in the search of the permanent dialogue between peers and revaluation of places and territories, based in the regionalization process. Based on this bias, this study aims to examine the role of the Tourism State Council of Rio Grande do Norte, with regard to the tourism planning, trying to understand it and solve it as governance Instance, through the Tourism Regionalization Program interventions, given the participation context of its actors and agents. For purposes of this study is delimited as time frame the year 2007 at 2014, understanding that it was this time, there was greater council members accession, as well as different types of sectors representation of civil society, as a result of a tourism public policy based on principles of innovation and participation. In relation to the research problem, this study is conceptualized as a qualitative and the chosen method is the materialist dialectic. Still on the methodological options, utilize the Content Analysis. The results show that the institutionalization of governance instance as the Conetur does not contributes, ideally, in the planning and management process of participatory and integrated tourist activity, facing a fair direction of your space production. The research indicates that there are debates, discussions and guidelines (still in a timely and targeted form), but not reverberates practical effects, by act in a conjuncture that Is strategically designed for political and economic power game, setting the hegemonic actors performance, which uses this arena to instill personal desires and wishes, that are decided in absentia to the council.

Concepção de ser humano subjacente à discussão sobre saúde na psicologia: uma proposta de orientação heideggeriana

A reading method (Cervo & Bervian, 1983) was applied to select psychology publications on health. The rejection of the biomedical model is a recurring theme in these publications. Its point of view is that the model is reductionistic because it emphasizes (1) the disease (2) as a body dysfunction and by consequence health is understood as the absence of disease. The implications of the biomedical model for health are biological materialism and physiological mechanicism. Psychology publications counterpoint to biomedicine is to include attention to life contexts and consider the role of individual behavior and lifestyle in the health-disease process. Those thoughts about the nature of health imply a conception of man, especially when some articles claim that Descartes’ ideas are the ground to biomedicine development. Psychology publications reviewed highlight health characteristics related to a different view of the human mode of being. The thesis presented develops an understanding that Martin Heidegger’s Dasein Analytic is a conception of human being consistent with the selected psychology works’ view of health. It means psychology’s discussion about what is health is based on an implicit approach to the human being, one that allows the rethinking of health. The heideggerian Dasein is a vision of man in tune with the comprehension of health presented in the selected publications. It is understood that the manner a human phenomenon is conceptualized is related even implicitly to a conception of man. To take into account health’s contextual aspects like society, environment, and culture call attention to the man world relationship to which Heidegger calls being in the world. To highlight the role of behavior on one’s own health makes a point of the relationship man has with her/his own being, which Heidegger calls mineness.

Dinâmica de expansão urbana de Ceará-Mirim-RN: aspectos locais e metropolitanos?

This study aims to understand the growth dynamics of Ceará-Mirim city considering the aspects that define its current urban sprawl. We chose to use as methodological approach the concept of space as a product and producer of social relations and the same constitutes by objects and actions that relate in a dialectical process over time. As a research tool, it took place bibliographical study that features the historical aspects of use and occupation, in order to evidence the regional ground agents that explain its current urban setting. Then, it was collected a secondary data of economic analysis activities from municipality and their impact on local social structure. Between these aspects, the sugar economy, even in decline, had appeared as defining the boundaries of urban growth. At the regional scale, other factors were discussed in a way of urban influence processes forming the Greater Natal (RMNatal), and Ceará-Mirim appears integrating into this scale in a very low level according to Metropolis Observatory (2012). However, we have pointed out that in recent years, especially in growth vector of BR 406, settled metropolitan scope equipment. These objects have been associating in a real estate sector's reasoning while the possible "metropolization" have been promoting as investments in the city's expansion area.

Da voz que cala ao corpo que fala: o assédio moral no ambiente de trabalho como desafio para o serviço social

The changes ocurred in the world of capitalist labor, especially from the last decades of the 20th century, accentuated the process of manipulation and domination of the working class, materialized mainly through naturalization and / or trivialization of violence, conducted in the work environment. From this process, emerge the elements of bullying, that is, the embarrassing and humiliating practices which extend through time, degrading human race, and becoming fruitful object for study, debate and the intervention of the professionals of the Social Service area. Thus, we assume the perspective of analyzing the concepts and the work of social workers, whom work at people management area before the bullying in the workplace. We propose the following objectives: apprehend the settings of bullying, in the contemporary context of competitiveness and flexibility of work, as well as its implications for workers' health; characterize the background of this expression of violence at work in the municipality of Natal- RN; and analyze the powers and duties of the social worker in the process of prevention, identification and addressing of bullying in the context of work. This study consisted of a qualitative approach, based on the dialectical-critical method as soon as we adopt methodological procedures such as: theoretical knowledge, documental and field research, and performed using semi-structured interviews. The subjects of this research were nine (09) the Social Service professionals working in personnel management area, in five (5) institutions with legal and branches of different activities, located in Natal-RN. Even interviewed one (01) representative of the Public Ministry of Rio Grande do Norte Office (MPT-RN). The findings of this analysis indicate that bullying is a contemporary expression of "social question", which is presented as a demand for the Social-assistants – covered up and / or camuflage – under the guise of problems related to workers' health or mere conflicts of interpersonal relationships, that is, without any causal connection with the organization of work. The fear of losing job, not to be inserted in the labor market, and / or suffering reprisals, deepens the subject levels of the victims of bullying. Hence the importance of Social Workers are capable to understand the social reality, by preventing and combating the elements of bullying.

A produção audiovisual do #foramicarla: características da apropriação do vídeo nos movimentos sociais em rede

Este trabalho se debruçou sobre a produção audiovisual das movimentações de protesto ocorridas em Natal, capital do Rio Grande do Norte, entre maio e junho de 2011, denominadas #ForaMicarla. Objetivou-se caracterizar esta produção numa tentativa de responder o porquê e como eles lançaram mão do vídeo em suas ações, sob as hipóteses de que a midiatização e o acesso facilitado a estas tecnologias tinham a ver com suas opções. Lançou-se mão de procedimentos histórico-dialético e teoria fundamentada (Fragoso, Recuero e Amaral), a partir das técnicas de observação não-participante, aplicação de questionário e entrevistas em profundidade. Posicionou-se estas movimentações sociais em redes, na conceituação de Castells, dentro de uma perspectiva da contra-hegemonia como uma Mídia Radical (Downing), sendo um Audiovisual de Combate (Bustos). Esta mídia possui as características do Novo Protesto (Assis), inserido no contexto da midiatização da sociedade de Verón e Sodré. Tentou-se também identificar historicamente as origens do poder hegemônico e a estrutura oligárquica, coronelística e familiar que fundou o poder no Brasil, apropriando-se do conceito de Coronelismo Eletrônico de Lima e Lopes e Assistencialismo Midiático de Guareschi, Dias e Hartmann. Através dos dados obtidos houve a emersão das categorias para análise deste tipo de audiovisual.

A compreensão de reação química como um sistema complexo a partir da discussão dos erros e dificuldades de aprendizagem de estudantes do ensino médio

The study of chemical reactions is among the most important contents to the understanding of Chemistry discipline in basic education. However, there are still few studies about chemical reactions as a complex system because, generally, this content is presented in textbooks, taught and even researched in a fragmented form. The thesis here presented aims to investigate, identify and characterize the mistakes and learning difficulties of the students about chemical reactions as a complex system, using for that purpose the analysis of the answers of 126 exams of candidates for the bachelor’s degree in Chemistry Teaching on the entrance exam for the Federal University of Rio Grande do Norte (UFRN). The mistakes and learning difficulties about the parameters ΔG°, Kp, Ea and of the calculation of the amount of substance in a chemical reaction have been identified, as well as the levels of development of the ability to interpret the chemical reaction as a system. The main theoretical source of this study is structured based on the mistakes and learning difficulties (NÚÑEZ, RAMALHO, 2012), of the chemical reactions as complex systems (NÚÑEZ, 1994; RESHETOVA, 1988; SANDERSON, 1968). As methodology, it was prioritized the analysis of the answers to the exams and the interview with the teachers. The results showed typical mistakes in the study of this subject, especially low levels and skill development. No student was able to integrate the different aspects in the systemic understanding of the chemical reaction. From the interviews with Chemistry teachers from High School, it was determined the reasons the teachers assign to those mistakes and learning difficulties. The interviews revealed that the teachers do not work in the perspective of integration of the contents which leads the students to present difficulties and make mistakes related to the content previously mentioned. The study presents a proposal for the organization of the contents of Chemistry discipline for High School as a possibility of a dialectic systemic integration of contents, understanding that this systematic vision, leads to important contributions to the development of the theoretical thinking of the students. We can mention as one of the conclusions of this study, the fact that the non-systemic organization of contents do not favor this kind of thinking in students.

Assistência social ao idoso no município de Natal na proteção social básica: identificando demandas e desafios

Over the past decades, starting mainly in the 1960s, the number of elderly has grown in the country and an aging population is considered a remarkable global phenomenon. Given the speed of this process, this growth has produced different implications for the structure of the social, economic and cultural societies and, as such, constitutes new challenges for public policy, and particularly for the Brazilian social assistance policy. Considering the significant increase aging population in Natal and the challenges of social welfare policy, this research aims to identify and analyze the demands and challenges of Social Assistance Policy in the city of Natal / RN, in particular the access of the elderly to social protection basic in the Reference Centers of Social Assistance. This research uses a critical dialectical method, and the methodological procedures that guided the study: the bibliographical research, documentary and field as well as systematic observation. Some initial questions were important to guide this work: What are the demands that come to CRAS the elderly population? What are the answers to these demands by the Basic Social Protection? How this CRAS has implemented social protection responses to these demands as rights guarantee the elderly population? The services offered by CRAS meets user needs? To get the results of this research, bibliographic sources were used, documentary and observation for four (4) CRAS of different district areas of the city of Natal. The results of this research show that basic social protection is quite fragile, leaving part of the population at risk and social vulnerability still without attention due to several factors, including the reduced technical team and the impossibility of service to all neighborhoods referenced by CRAS in the respective zones, and 50% of elderly assisted arising from spontaneous demands.

Assistência social ao idoso no município de Natal na proteção social básica: identificando demandas e desafios

Over the past decades, starting mainly in the 1960s, the number of elderly has grown in the country and an aging population is considered a remarkable global phenomenon. Given the speed of this process, this growth has produced different implications for the structure of the social, economic and cultural societies and, as such, constitutes new challenges for public policy, and particularly for the Brazilian social assistance policy. Considering the significant increase aging population in Natal and the challenges of social welfare policy, this research aims to identify and analyze the demands and challenges of Social Assistance Policy in the city of Natal / RN, in particular the access of the elderly to social protection basic in the Reference Centers of Social Assistance. This research uses a critical dialectical method, and the methodological procedures that guided the study: the bibliographical research, documentary and field as well as systematic observation. Some initial questions were important to guide this work: What are the demands that come to CRAS the elderly population? What are the answers to these demands by the Basic Social Protection? How this CRAS has implemented social protection responses to these demands as rights guarantee the elderly population? The services offered by CRAS meets user needs? To get the results of this research, bibliographic sources were used, documentary and observation for four (4) CRAS of different district areas of the city of Natal. The results of this research show that basic social protection is quite fragile, leaving part of the population at risk and social vulnerability still without attention due to several factors, including the reduced technical team and the impossibility of service to all neighborhoods referenced by CRAS in the respective zones, and 50% of elderly assisted arising from spontaneous demands.

A PESQUISA ACADÊMICA SOBRE COMUNICAÇÃO POPULAR, ALTERNATIVA E COMUNITÁRIA NO BRASIL: análise de dissertações e teses produzidas em Programas de Pós-Graduação em Comunicação entre 1972 - 2012

Mapeamento das dissertações e teses referentes à subárea da comunicação popular, alternativa e comunitária (CPAC) desenvolvidas nos Programas de Pós-Graduação em Comunicação stricto sensu no Brasil, de 1972 a 2012. Dentre os objetivos estão localizar as pesquisas; os autores; sua distribuição no tempo e espaço; identificar as instituições e orientadores que impulsionam a subárea; definir as abordagens teórico-metodológicas; e apontar autores/conceitos referência. Por meio de pesquisa exploratória e aplicação de quatro filtros, chegou-se a uma amostra final de 102 pesquisas, 87 dissertações e 15 teses, submetidas à análise quantitativa, por meio de Análise de Conteúdo a partir de partes pré-definidas (Resumo, Palavras chave, Introdução, Sumário, Considerações Finais e capítulo metodológico, quando presente), e a uma análise qualitativa do conteúdo completo das 15 teses. O método que orienta esta pesquisa é o histórico dialético, na perspectiva da busca de uma análise de conjunto e atenta às contradições e mudanças que o objeto está implicado; e a pesquisa bibliográfica que a fundamenta se ancora em autores como Jorge González, Cicilia Peruzzo, Regina Festa, Pedro Gilberto Gomes, Gilberto Giménez e Augusto Triviños e foi realizada com o apoio do software NVivo. Resultados quantitativos indicam: a) predominância de pesquisas sobre comunicação comunitária (68%) b) predominância de estudos empíricos (79%); c) a variedade de denominações atribuídas às experiências pelos pesquisadores; d) a constante luta das classes populares por democratização da comunicação e por direitos sociais ao longo dos anos; e) a influência e importância dos intelectuais orgânicos nas experiências estudadas, f) problemas metodológicos; g) UMESP, USP e UFRJ como instituições protagonistas, e, h) Cicilia Peruzzo e Raquel Paiva como as que mais orientam teses e dissertações sobre a temática. Quanto à análise qualitativa verificaram-se alguns critérios que permeiam a CPAC: 1) a definição de classes subalternas; 2) a importância da participação ativa das comunidades nos processos de comunicação; e 3) formas, conteúdos e objetivos que se complementam e dão identidade às experiências