Espaços especiais em Natal (moradia e meio ambiente): um necessário diálogo entre direitos e espaços na perspectiva de proteção aos direitos fundamentais na cidade contemporânea

Some protected special spaces on behalf of fundamental rights to the environment and the housing at the city of Natal are fragile by facing actions and attempts to suppress and changing (or omission in the implementation) of standards in furtherance of those rights at the local level, which seems to reflect a situation that goes beyond the context of the city. Based on integrated approach of the housing rights and the environment and its protection of special spaces on the field of fundamental rights, the thesis seeks to understand the weaknesses that affect the legal state duty under the realization/implementation of fundamental rights to the environment and housing in cities, focusing on the issues of flexibility of the founding legislation of special spaces to the detriment of the attributes they protected and the lack of implementation of the legal system that allows their effectiveness. So, it looks initially to understand the environment and housing rights and their special protected areas in the brazilian legal system, looking forward the evolution of its legal protection, as well as the weaknesses that emerge in the field of their effectiveness. Analyzing the trajectory of the environment and housing rights and their special protected areas in Natal, considering its standards, attributes, protection indicators, weaknesses and negative evidence within its legal protections and their enforcement by state entity, this thesis proposes to verify the existence of forms to confronting the weaknesses founded in the maintenance of legal protection and its implementation. At this point it discusses the legal basis and safeguard instruments of protection, especially within the juridical field, as part of a (re)discussion about issues of legislative and administrative discretion in the face of objective legal state duty to realization/implementation of fundamental rights in the urban space. With all these issues together the thesis does not ignore the scenario where the dividing line between public and private (economic) are becoming ever more tenuous in the field of state action and where the city stands as a special commodity to the reproduction of real estate, according to the interests of capitalist logic

Mortalidade materna no estado da Paraíba, 2000 a 2004

Esta tese articulou as áreas do conhecimento da Epidemiologia, Saúde Pública, Demografia e Estatística. Para esta investigação, traçaram-se duas estratégias: por um lado, buscou-se relatar a trajetória dos direitos femininos em saúde no Brasil a partir do período pós-guerra até os dias atuais; por outro lado, objetivou-se analisar diferenciais da morte materna e suas associações com variáveis sociodemográficas das mulheres residentes no estado da Paraíba no período de 2000 a 2004. As explorações decorrentes destes objetivos resultaram na produção de três abordagens. Na primeira, procedeu-se a um olhar retrospectivo sobre as políticas de saúde da mulher no país e seus desdobramentos regionais, enfocando a saúde materna. A análise permitiu reconhecer que, apesar de todas as conquistas adquiridas pelas mulheres desde os anos 80, a população feminina brasileira, em particular a paraibana, ainda carece de melhorias nas condições de saúde, sendo esta situação retratada pelo elevado número de mortes maternas ocorridas nos últimos anos. Também se buscou retratar os esforços dos sistemas oficiais na luta pela melhoria da qualidade dos dados reconhecida, na agenda nacional, como sendo ainda uma grande preocupação atual. Na segunda, o objetivo foi identificar o poder associativo entre a raça das mulheres residentes no estado da Paraíba e algumas variáveis sociodemográficas. Os resultados mostraram que houve indícios significativos de que as mulheres não brancas da Paraíba tiveram maiores chances de morrer que as brancas com baixa escolaridade e por morte obstétrica direta. Na terceira, centrou-se no tipo de óbito materno, cujo objetivo consistiu em analisar associações entre o tipo de óbito materno das mulheres paraibanas e as variáveis: grupo etário, escolaridade e raça, no período de 2000 a 2004. Os testes estatísticos realizados apontaram que a mulher paraibana teve cinco vezes mais chances de morrer por morte obstétrica direta ou indireta na faixa etária abaixo dos 20 anos e acima dos 34 em relação a faixa etária entre 20-34 anos

Dos direitos da personalidade e a lei de doação de órgãos: o que há para cartografar?

This study aimed at examining the representation and the level of knowledge as well as getting acquainted whether there had been significant divergence among three social groups of 3rd year Law students, 7th period Medical students at UFPB and a group of people from the Catholic Church in vila dos pescadores in João Pessoa - about organ donation, transplant law and ethical issues that raise questions. In order to accomplish the qualitative analysis, Bardin´s content analysis technique was applied in conjunction with the Chisquare test which was applied with significance level of 5% to quantitative data. The data revealed that most informants agree with organ donation, Although they are not acquainted with the law of transplants, and with the lack of confidence in the single list of recipients. The problem is that there is an encouragement to trades with organs and the possibility of any person legally authorized to donate organs in life. The statistically significant difference was observed in only two questions, ie, in response to the confidence in the diagnosis of brain death: 64% of 7th period Medical students at UFPB trust this diagnosis versus 12% of the evangelizing group of vila dos pescadores. The other difference refers to the answer about the confidence in the single list of recipients: 36% of the 7th period Medical students of UFPB said to trust the list versus 12% of the 3rd law students of UFPB. This is was a multidisciplinary study with Involvement of lawyers and doctors

Abordagem dos aspectos psicológicos da mulher infértil :um estudo quali-quantitativo

Purpose: assess the frequency of stress and anxiety levels in infertile women, correlate these aspects with risk factors and qualitatively analyze feelings resultant from the inability to conceive, in order to obtain data for specific psychological guidance. Methods: the case-control study included a total of 302 women, 152 being infertile (case group: 30.3 ± 5.4 years), and 150 non-fertile (control group: 25.7 ± 7.9 years). The quantitative approach involved the application of Lipp s Stress Symptoms Inventory (LSSI) and State-Trait Anxiety Inventory (STAI), whereas the qualitative approach consisted of a semi-structured interview. Response variables considered were: stress frequency and anxiety scores (State and Trait). Statistical analysis compared frequencies and medians between groups, by means of qui-squared and Mann-Whitney tests, respectively, and constructed logistical regression models to test associations between response variables and risk factors considered. Qualitative data were analyzed descriptively and categorized in order to perform correspondence analysis. The level of significance was 5%. Results: in the study sample, stress frequency was higher in the case group than in the control(61.8 and 36.0%, respectively), however, significant differences were not observed between groups in relation to stress phases and predominant symptomology type. With respect to anxiety, there were no significant differences between case and control groups as to median state scores [39.5 (35.0 46.0) and 41.0 (35.7 47.0 ); respectively) and anxiety trait scores [44.0 (34.0 51.0) and 42.0 (36.0 49.2); respectively). Risk factors significantly associated with greater risk for high anxiety scores in the case group were: primary infertility, unawareness of the causal factor, diagnostic phase investigation, religion, lack of children from other marriages and the fact that the woman was previously married. The qualitative approach demonstrated that infertility provokes emotional responses, such as sadness, anxiety, anger, fear and guilt. Conclusions: it can be concluded that infertile women are more vulnerable to stress; however, they are capable of adapting to stressful events without serious physical or psychological compromising

Religião e mulher: liderança feminina no pentecostalismo evangélico.

The study aims to discuss women in the priesthood pentecostalism evangelical. The role of women as agents of leadership in the religious sphere allows the discussion about the possibility of the universe as a religious area of significant changes with regard to a reduction in gender differences in the present. The participation of women as agents of leadership of churches Pentecostals is interpreted as a new option for women beyond the domestic space, however, want to clarify the existence and occurrence of on-imposed limitations and inserted in the hierarchy of female power of religious denominations, noting are fruits of a structure hierarquizante not thought of women, but from the male universe.

Arche Tupi : uma leitura arquetípica da mulher índia em Casa-Grande & Senzala

This dissertation is a proposal for dialogue between Brazilian Social Thought, History of Portuguese America and the Analytical Psychology of C.G. Jung, highlighting the following archetypes: Anima, Animus, Shadow and Persona. Directing the study to the image of Indian women in this Brazilian interpretation of Casa-Grande & senzala by Gilberto Freyre, have largely centered on denial of the feminine image as a creative and positive in the minds of Brazilian culture, where a more specific analysis. We assume that your work has inspired several bridges over imaginary things in Brazil, including aspects relating to miscegenation, the study of foreign travelers, Jesuits and settlers / invaders of the sixteenth and seventeenth centuries the Portuguese disembarked in America and in this sense, the influence of his work as wasteful image through time and space of the Portuguese slave order. Above all, we intend to do a reading of Native women thought in his book

Antigos sujeitos, novos direitos: as relações homoafetivas estáveis e o direito de reconhecimento

Esta dissertação é um estudo sobre as representações e práticas sociais relativas à construção da conjugalidade homoafetiva e o direito de reconhecimento. Nesse contexto, são analisados os embates ideológicos decorrentes das tentativas de redefinição das representações e práticas sociais relativas à família e a conjugalidade, em sua feição heterocêntrica, a partir das disputas em torno do reconhecimento social e jurídico das uniões homoafetivas, desencadeadas no contexto da sociedade brasileira, a partir da apresentação, no Congresso Nacional, do Projeto de Lei n° 1.151/95, da Deputada Marta Suplicy, que disciplina a união civil entre pessoas do mesmo sexo

Mulher chefe de família, na cidade de Aracaju:dominação e poder

The research was focada in the feminine head of family, the City of Aracaju and its impacts in the nuclear familiar nucleus. Considering that, the papers of the men are in general, not valued and rewarded that the papers of the women in almost all the cultures. The women generally load the responsibility to take care of of the children and the domestic work, while the men traditionally are born with the responsibility to support the family. However, we find changes in this mainly north-eastern scene and, where through quantitative research, already one evidenced that they are majority as family support, therefore, we observe the construction of social identities of the women family heads and uncurling of the adaptativos aspects, the existing mechanism between domination and power, in the familiar nucleus. The impacts in the family if had change in the social relation for them to be family heads. One is about qualitative research that has left of the construction of a theoretical landmark, analyzing given of bibliographical sources and from interviews with women family heads, power to observe the forms of joints in the nuclear families, as they deal with the power to decide power, the financial power, the fragility, the domination and the influences of the traditional models. Analyzing the familiar relations between the woman, the children and the spouse, searching the excellent questions for the briefing of the thematic one, demystifying the dichotomy between the mother/wife and woman head of family in the residential environment

Direitos humanos e dilemas da democracia no Brasil: um estudo sociológico do trabalho policial (1985-2009)

According to the Public National Security Plan, the security is "[ ] a right by democratic excellence legitimately desired by all sectors of society, which is the fundamental right of citizenship, obligation of the constitutional state and responsibility of each one of us." The 1988 Constitution recognized the rights of life, liberty and personal integrity, considered torture and racial discrimination as crimes. The prime directive of the National Security and Citizenship (Law No. 11,707 of June 19, 2008 - PRONASCI-Brazil) expresses the commitment of the Brazilian state with the promotion of human rights. But despite this formal recognition, official violence continues to be used as a means of maintaining social order, consolidating a police action violating human rights (Amnesty International report "They go in shooting" - AI Index: AMR 19/025/2005) . This thesis analyzes the police work combined with the extension of citizenship rights, the spaces of freedom and democracy as a measure for the degree of affirmation or denial of the Human Rights in Brazil, and proposes the construction of a human friendly Police Force (Post - Colonial, Post-Abyss, Intercultural and Democratic)

O renascimento do parto e da (reinvenção da) emancipação social na blogosfera brasileira: contra o desperdício das experiências

The birth models of care are discussed, in the light of classical and contemporary social science theoretical background, emphasizing the humanistic model. The double spiral of the sociology of absences and the sociology of emergences is detailed, being based, on one hand, on the translation of experiences of knowledge, and, on the other, on the translation of experiences of information and communication, by revealing the movement articulated by Brazilian women on blogs that defend and bring into light initiatives aiming to recover natural and humanized birth. A cartography of the thematic ideas in birth literature is produced, resulting in the elaboration of a synthetic map on obstetric models of care in contemporaneity, pointing out the consequences of the obstetric model that has become hegemonic in contemporary societies, and comparing that model to others that work more efficaciously to mothers and babies. A symbolic cartography of the activism for humanizing birth on the Brazilian blogosphere is configured by the elaboration of an analytical map synthetizing the main mottos defended by the movement: Normal humanized birth; Against obstetrical violence; and Planned home birth. The superposition of the obstetric models of care s map and the rebirth of birth s analytical map indicates it is necessary to reinforce three main measures in order to make a paradigmatic turn in contemporary birth models of care possible: pave the way for the humanistic care of assistance in normal birth, by defending and highlighting practices and professionals that act in compliance with evidence based medicine, respecting the physiology of birth; denaturalize obstetric violence, by showing how routine procedures and interventions can be means of aggression, jeopardizing the autonomy, the protagonism and the respect towards women; and motivate initiatives of planned home birth, the best place for the occurrence of holistic experiences of birth. It is concluded that Internet tools have allowed a pioneer mobilization in respecting women s reproductive rights in Brazil and that the potential of the crowd s biopower that resides on the blogosphere can turn blogs into a hegemonic alternative way to reach more democratic forms of social organization. In that condition of being virtually hegemonic in contesting the established power, these blogs can be understood, therefore, as potentially great contra-hegemonic channels for the rebirth of birth and for the reinvention of social emancipation, as their author s articulate and organize themselves to strive against the waste of experience, trying to create reciprocal intelligibility amongst different experiences of world

A prioridade absoluta na Constituição Federal de 1988: cognição do art. 227 como princípio-garantia dos direitos fundamentais da criança e do adolescente

The study undertakes the analysis of the constitutional warranty principle of the Absolute Priority of the children and adolescents fundamental rights concerning to the sense, reach, content, addressees and effectiveness. Then, we begin with the study of the Constitution, text where is inserted the principle on examination, opportunity on which it verifies the concept and conceptions of the Constitution, theories, functions, it normative power and the constitutional feeling. Soon after, the fundamental rights theory is analyzed, focusing your origin, importance, functions, protection, restrictions, duties, characteristics and effectiveness. Then, it is led in general to the place of the principles, moment that leans to their concept, evolution, functions, classification and characteristics. Finally, it is appreciated the principle of the Absolute Priority approaching to the meaning and reach, the normative force and importance, historical precedents, materialize rules, addressees and its normative power and enforcement

A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

A construction como método concretizador de direitos fundamentais: aplicação na jurisdição constitucional brasileira

The way of organization of the constitutional jurisdiction implies the possibility to extend the democratization of the same one in function of the popular participation in the active legitimacy to constitutional process (procedimentalist model) e, at the same time, to assure technical viable decisions fast and to the complex problems of the constitucional law (substancialist model). The comparison with the constitutional jurisdiction of U.S.A. becomes interesting from the knowledge of the wide power to decide experience of Supreme the Court that for a methodology of construction of rights and not simply of interpretation of the Constitution, brought up to date and reconstructed throughout its historical evolution the direction of the norms of basic rights and the North American principles constitutional. Construction while constitutional hermeneutic method of substancialist matrix works with techniques as the measurement of principles, the protection of interests of minorities and the entailing of the basic rights with values politicians, what it can be brought to evidence of the Brazilian constitutional jurisdiction in order to improve the construction of basic rights that comes being carried through for the judicial ativism in control of the diffuse and abstract constitutionality. To define the limits of construction is to search, on the other hand, a dialogue with the procedimentalists thesis, aiming at the widening of the participation of the citizen in the construction of the basic rights for the constitutional process and to argue forms of the society to evaluate the pronounced decisions activist in the controls diffuse and abstract of constitutionality

Desenvolvimento como acesso às políticas públicas: a reforma do estado e a concretização dos direitos prestacionais

The state s evolution, after its liberal and the social stages, arrives at the post-social state, also regarded as regulatory state, which, in order to accomplish the state s aims, employs indirect interventions in the economy. The new model of administration adapts principles and concepts form the private sector such as the quest for efficience and tangible results, also striving for the decentralization of state s power to improve effectiveness before the new paradigm of handling of affairs of public interest. Present state derives its legitimacy from the efficiency principle, the legitimacy of the public administration cannot be limited to an analysis of legality, but the fulfillment of the ends envisaged by the public authority on its policies. These public policies have the objective of satisfying fundamental rights of the citizens. The access to public policies set by states as a way of enjoyment of the aforementioned rights constitute a legal and demandable path of development. The creation of public policies and the access to them must abide to the efficiency principle. This access must be taken unther the principles of legal and material equality, inasmuch as the liberty and real liberty. The access must also be observed as a matter of limited resources to grant, in reality, the access and enjoyment of these rights. The demandable nature of the access to public policies binds the public authority into broadening the range of these policies to every one who needs them. Thus, in this spectrum, the role of the Regulatory State, as the legal instruments for access of public policies as a legal path to development, is analyzed in the present work

A legitimidade da jurisdição de primeiro grau na concretização dos direitos fundamentais: proposta de um novo modelo jurídico-administrativo para o segundo grau de jurisdição

The current study is about the legitimacy of lower court jurisdiction as a way of exercising basic legal rights, proposing, therefore, a new legal-administrative model for appellate court. In order to achieve that, a demonstration of the importance of basic legal rights in the Brazilian legal system and an open interpretation in light of the Constitution, as a way to affirm said rights, among which are accessibility to the justice system and proper legal protection, is required. As a result, the legitimacy to access the legal system resides in the Constitution, where the interpreter should seek its basic principles to achieve basic legal rights. It is observed that the lack of credibility regarding lower court decisions comes from the dogmatic view of truth born from power, and therefore, that the truth resides in decisions from appellate court and not from lower court judges. A lower court judge holds a privileged position in providing basic legal rights for citizens, considering his close contact to the parties, the facts, and the evidences brought forth. Class action suit is presented as an important instrument able to lead the lower court judge to provide basic legal rights. Small Claims Courts may be used as paradigm to the creation of Appellate State Courts formed by lower court judges, reserving to higher jurisdiction courts and Federal Circuit Courts, the decisions of original competency and the management and institutional representation of the judiciary system. Instilling an internal democratization of the judiciary is also required, which means the participation of lower court judges in electing their peers to chief positions in the court system, as well as establishing a limited mandate to higher court judges.