A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

A contribuição de Diké na formação do Emílio ou o papel da jurisdição constitucional na concretização do direito social à educação

The fundamental social right to education has a lengthy constitutional argument, having been declared as a right to everyone in the Title dedicated to the fundamental rights and warrants and, later, scrutinized in the Social Order Chapter exclusively devoted to this theme, where specific rights are guaranteed and fundamental duties are imposed to family, society, and state. In that which concerns education, the 1988 Constitution is the result of a historical-normative process which, since the days of the Lusitanian Empire wavering between distinct levels of protection warrants in some way the educational process. Nevertheless, not even the State s oldest commitment to education has been fully achieved, namely, the annihilation of illiteracy. Even as other fundamental social rights, education is inflicted with the lack of effective political will to reach its fulfillment, and this is reflected in the production of doctrine and jurisprudence which reduce the efficacy of these rights. The objective of this work is to analyze what part is to be played by the constitutional jurisdiction in the reversal of this picture in regards to the fulfillment of the fundamental social right to education. Therefore it is indispensable to present a proper conception of constitutional jurisdiction its objectives, boundaries and procedures and that of the social rights in the Brazilian context so as to establish its relationship from the prism of the right to education. The main existing obstacles to the effective action of constitutional jurisdiction on the ground of social rights are identified and then proposals so as to overcome them are presented. The contemplative and constructive importance of education in the shaping of the individual as well as its instrumental relevance to the achievement of the democratic ideal through the means of the shaping of the citizen is taken into account. The historical context which leads to the current Brazilian educational system is analyzed, tracing the normative area and the essential content of the fundamental right to education aiming to delineate parameters for the adequate development of the constitutional jurisdiction in the field. This jurisdiction must be neither larger nor narrower than that which has been determined by the Constitution itself. Its activity has been in turns based on a demagogic rhetoric of those fundamental rights which present a doubtful applicability, or falling short of that which has been established showing an excessive reverence to the constituent powers. It is necessary to establish dogmatic parameters for a good action of this important tool of constitutional democracy, notably in regards to the fundamental social right to education, for the sake of its instrumental role in the achievement of the democratic ideals of liberty and equality

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

As organizações não-governamentais e a educação básica oferecida aos pobres: do consenso da oferta à ação privatizante

This work articulates a discussion about the role of the Non-Governmental Organizations (NGOs) in the social policies scenario, privileging the basic education directed to the poor in Brazil, in the period from 1992 to 2002. It is a relevant theme, particularly due to the importance of the NGOs in both the national and international scope actions. The study assumes that the NGOs are instruments of control (social control) that filter the social demands towards the State, specially regarding the basic education directed to the poor. It also discusses the process of acknowledgement e expansion of the NGOs as a result of the political and economic conjuncture leading to the State reform, which had an impact on the field of social policies. A close examination of these complex relations was only possible through the understanding of the third sector establishment, having the NGOs as the main means. In this movement, relevant information of the reality are considered in order to delimit the extents of this phenomenon, with a brief reference to its origins, to the marks of its conjunctural relations, registering the multiple faces of these Organizations and the constutive elements of the debate among different visions regarding the third sector, having the NGOs as a part of its composition. With this approach, documents and publications by the NGOs and the government are researched. Based on this material, the purposes announced by these organizations are analyzed, considering the Brazilian social, political and economic conjuncture. The State of Maranhão has been chosen as an example of this context, due to the high levels of poverty and low school performance, and also given that a great many NGOs actions are more and more being held in that location in order to promote social policies. It has been concluded that the NGOs help strengthen the theses that show the decrease in the State responsibilities on free, public and quality education, and that such principle is being negotiated through the partners actions

O dia mais feliz da minha vida: a entrada na universidade segundo os alunos recém-ingressos no curso de Pedagogia da UFRN(2004.1)

The present work, based on the methodological principles of the Comprehensive Discourse Analysis, aimed, through the speech of twelve newly arrived students at the Pedagogy course of the Federal University of Rio Grande do Norte, to understand the moment students start university. It also aimed to analyze the relationship between the schools they were coming from and university entrance as well as the relationship between university and their new students. In the first part of the work, which focused on school knowledge, a comprehensive listening of the speeches of the students led primarily to a distinction, established by the students, between public and private schools, a distinction especially based on the view of superiority of private schools against public ones. The abovementioned interpretation is found in the discussion of the structural duality of Brazilian education which, historically, offers different pedagogical appliances among students of more priviledged social classes and those who come from lower levels of society. The overcome of this duality, aspired by the Brazilian Constitution of 1988, was stopped by the advent of a new economic model neoliberalism, which reinforced the differences between public and private when it prioritized the market on the economic, political and social relations, including educational projects. Impoverishment of public institutions and pauperization of the work of professors affected also the relationship between teachers and studens at the current institution. This is how the teacher becomes the greatest villain at the public management system. All of these references concerning differences in the quality of teaching at public and private schools, expressed by the students interviewed, however, were centered in the preparation for the entrance exam, called vestibular, thus showing a view that the relationship between the student and the school he came from is of a propedeutic kind and even so, reduced to a preparation for an entrance exam. In the second part of the work, which analyzed the relationship between newly arrived students and their university, it was noticed that the latter represents a whole new world. This world is seen as the change at the student´s social statute for now he is grown, takes more responsibilities and is socially respected. This change of attitude established by society and the discovery of a new world which requires more independence from the students, creates in them feelings of pride and fear and they feel insecure when it comes to making decision in the campus because now their decisions deliver a greater load of responsibility. This is when students understand they need to develop autonomy, which is seen, in this work, as the capacity to make conscious decisions. Nevertheless students expressed an understanding of autonomy as something that comes as a gift for those who enter university and not as a process that is constructed from social experiences. For these students, the need to be autonomous refers to the relationships with their teachers and the search for information. This search, however, is also related, according to interviews, to public school financial cuts, which penalize university, and to the lack of employers

Avaliação do programa escola ativa como política pública para escolas do campo com turmas multisseriadas: a experiência em jardim do seridó/rn (1998-2009)

This work aims at developing an evaluation of the implementation of the Program Escola Ativa as a public policy for rural schools with combined grade classrooms in Jardim do Seridó RN (1998 2009) focusing on the following dimensions: school s physical environment, training, follow up, and didactic usage of the methodology. In order to develop this research we refer to the literature that analyzes the cycle of policies (FREY, 2000). In this approach, evaluation represents an important step in the process of analyzing the implementation of public policies, as a way of measuring up their performance, as well as a guide for realignments and redefinitions (PRESSMAN; WILDAVSKY, 1998). In order to accomplish this function, the evaluator of policies must be acquainted with scientific concepts and methods that consist of describing, interpreting and analyzing the policies in the governmental sphere (MENY; THOENIG, 1992; LIMA JÚNIOR, 1978). In this perspective, we intend to investigate whether in its proposition of minimizing the blanks in the Brazilian educational system, the implementation of the Program would be contributing to the improvement of the political-pedagogical practices in the rural schools with combined grade classrooms in Jardim do Seridó RN. In order to do this research, we have developed a theoretical-methodological matrix made of analysis dimensions, variables, indicators and instruments, such as literary revision, documental analysis, semi-structured interviews with four teachers and three supervisors that work and/or have worked in Escola Ativa in that town in the period comprised among 1998 2009, besides notes taken from field observation and photographs from four rural schools with combined grade classrooms. With this research we have identified that the Program, at a national level, has gone through different phases in its implementation process, for the town was not ready to fully take the responsibilities of the autonomous expansion, in 2002. From that period on, the execution of Escola Ativa has suffered several discontinuities, such as the lack of professional training and supervising. It is also noted that the methodology contributes to the dynamization of the didactic-pedagogical activities and promotes the cooperation and autonomy of the students in the organization and the applicability of the components of the curriculum, especially of Governo Estudantil and Cantinhos de Aprendizagem. Although the directions of the Program (BRASIL, 2005) point out that Escola Ativa has among its principles social transformation, we identified that, isolated, the initiative is not capable of promoting the changes that the rural schools need, namely investments in the physical, material, pedagogical and technological infra-structure, besides the estimation and a career plan for the teachers. In a general draft of the results of this research, we realized that some aspects presented about the peculiarities of Escola Ativa in Jardim do Seridó as a governmental Program, reinforce the need for the public policies to be evaluated, in order to confront critic and operationally the planning with the practice, revising action, whenever necessary

Trabalho e formação docente na rede municipal de ensino de natal

The study Teacher work and education in the municipal schools of Natal objectifies the analysis of the education and work conditions of the teachers in the municipal schools of Natal, placing them within the scenario of the public policies outlined for Basic Education (2005-2010). The thesis is based on the perspective that the educational reforms implemented by the Brazilian government in an attempt to answer to the new contextual demands originated from the world of work and globalization, demanding increasingly higher levels of qualification and constant extension of the teaching functions in school from the teachers, have been configured withal as a strategy for intensifying the teacher s work. The empirical field of study was constituded by thirteen municipal schools that offer basic education. Four hundred and seventeen teacher subjects that work in the municipal school system of Natal, two representatives of the Secretaria Municipal de Educação de Natal (SME)1 that work in the pedagogical team and one representative of the Sindicato dos Trabalhadores em Educação do Rio Grande do Norte2 took part in the study. The procedures/instruments used in the research were: bibliographic review, document research, questionnaires and recording of information in a field journal. The study confirmed that the majority of the teachers that work in the municipal school system were admitted by means of public entry exams, therefore meeting the requirements set by Law 9.394/96. Most of the teachers have the initial education demanded to work in basic education, although with some limitations due to the fact that they do not correspond to the needs of the educational system. The SME has a plan for continued training of the teachers in accordance to the current ideas defended by researchers of this field. There is, although, a disconnection between the purpose of the plan and the training strategies, because, in truth, predominate repetitive and specific actions that do not contemplate the training needs of the teachers, nor the demands of the system. Although the work conditions are evaluated, by the teachers, as relatively good, limits in relation to the physical structure of the schools are observed (dirty walls with holes in them, broken ceiling fans, old chairs and desks, old and stained black boards, inadequate restroom installations, poor maintenance of the computers, amongst other items). It was also verified the an increase in the functions of the teachers and an intensification of their work, materialized through an overburden of activities undertaken daily at school (and outside of it) and through the demand in taking part in activities that go beyond those inherent to the teaching process, such as the elaboration of political-pedagogical projects, participation in collegiate, registration of student information solicited by the SME and the participation in commissions, has been happening

A implementação do programa Gestão nota 10 no sistema municipal de educação em Mossoró/RN (2005 a 2009)

This research work is focused to show the changes in educational administration from the agreements between the Mossoró / RN and the Ayrton Senna Institute IAS, for education provision. Nowadays, the partnership policy is a constitutive element of the reform of the Brazilian State, which dropped its action on social policies and to strengthen its regulatory role, encouraging private participation in planning, preparation and implementation of public policies, new printing setting the political-social. In this context, the 10 Note Management Programme, developed by the IAS, is part of the neoliberal logic of modernization of public school systems, focusing on results and developing strategies for control and regulation of schools work and its efficiency, effectiveness and greater productivity. The 10 Note focuses on two dimensions: the management of learning and teaching in networking, in a managerial perspective to overcome the culture of failure (expressed as age-grade, dropout and repetition rates in) and implantation of culture of success (as measured in the improvement of the indices). To understanding the process, we have delimited as the object of study, the process of implementing them mentioned program in the city, which its objective is to analyze implications for the school community from the perspective of democratic management, adopting the dimensions of autonomy and participation in institutional processes as a criterion of analysis. From a methodological point of view, the survey was conducted from a literature review and documentary about educational policy developed in the country since the 1990´s, seeking to understand, in a dialectical perspective, the political dimensions of teaching, training and performance of the subjects involved in the school work. Besides the empirical observation, it was also used semi-structured interviews with a methodological tool for gathering information and opinions about the partnership and the implementation of the 10 Note Management Program in the county. The interviewee participants were ex-former education managers, coordinators, school managers, secretaries and teachers. Regarding the dimensions inside the analysis (autonomy and participation), the research led to the conclusion: that GEED, under the guidance of IAS promoted regulation of school autonomy, set up the selection process for exercising the office of school administration and system awards to schools, pupils and teachers, subject to results, there is mismatch between the managerial logic and the democratic management principles, that the ideological discourse of modernization of municipal management coexists with traditional practices, centralizing patronage, which ignores the democratic participation in the school decisions processes, the goals of the partnership were partially achieved, since that the city has improved over the approval and dropouts, although the approval of the Education Municipal Plan of the rules institutional (administrative, financial and educational) and the creation of the Councils observed that the school community participation is still limited, not being characterized as a coordinated intervention, capable of promoting the transformation and improvement its quality in the county. In the same way, the orientation of networking is a limit to the autonomy of schools, given the external definition of goals and strategies to be adopted, along with pressure exerted through the accountability of each school community for their achievements

O livro de leitura da campanha de pé no chão também se aprende a ler/RN: um estudo dos pressupostos histórico-culturais

This work is about the historical and cultural assumptions inserted in the contents of literacy of the Campanha de Pé no Chão Também se Aprende a Ler, a movement of culture and popular education, developed in the State of Rio Grande do Norte in the period between 1961 and 1964. The hypothesis is the one of the existence of a romantic-political ideology which permeated a national developmentalist conception sited in its didactic-pedagogic instrument of literacy, the Book of Lecture of De Pé no Chão Também se Aprende a Ler/RN (1963). It has the aim to understand how the popular critical consciousness marked by conceptions of culture and popular education in its social, cultural and ideological relations, happened. Analyses the object of study by the symbolical cartography, methodological procedures which have as principles to retire from an antecedent source implicit meanings that can discover new realities, articulating the keywords of that document to the ideology that surrounded the Campanha de Pé no Chão Também se Aprende a Ler /RN. As results, the research showed that, considering the historical-cultural assumptions of the national developmentalist thought sited in the studied Book of Lecture, the conditions of the political-cultural context and of the advance of the Brazilian national industry on the beginning of the 1960th , admitted a process of social integration lavished by the popular literacy on the Campanha de Pé no Chão/RN, linked with the possibility of transition of the popular conscience, in a romantic-political perspective of the culture and the popular education

A configuração da educação física no Instituto Federal de Educação, Ciencia e Tecnologia do Rio Grande do Norte IFRN: contexto e perspectivas atuais.

Over time the Physical Education on IFRN has considered the sport as the only possibility of pedagogical action. In the purpose of investigating the aspects that determine this condition, this study aimed the context of physical education within the institutional framework and its current perspectives in the process of institutional transformation. In this sense, were addressed the following study questions: What political pedagogical aspects that influenced the context of Physical Education on IFRN and how the pedagogical experience on Mossoro s campus incorporated the perspectives of curricular proposals transformation for the High School and the theoretical changes of the Brazilian Physical Education. Methodologically the work was based on a qualitative approach characterized as a descriptive- comparative research. The technique of discourse analysis was employed in the speech of research collaborators having as categories of analysis the professional activities time in the institution; The ratio of official use of the assumptions to the pedagogical practice of Physical Education in IFRN; The sport in the education process of students and The Prospects of Physical Education in the current configuration of IFRN. The data analysis allowed us to infer that the theoretical methodology of pedagogical practice of Physical Education in IFRN need to be reformulated and that it is necessary a contextualization with the curricular principles of the political institutional pedagogical project and with the Curriculum Guidelines for Secondary Education. The teaching experience developed in the Mossoro s Campus was contextualized with the national curriculum guidelines for secondary education and the theoretical changes of the Brazilian Physical Education. We conclude that it is necessary a collective action of the group of teachers to transform the educational profile of Physical Education of IFRN, beyond the institutional support to be able to consolidate the physical education curriculum component in the current dimensions of society, human being, education, science, technology and work, proposed by the philosophical principles and epistemological political project of IFRN educational

Gestão democrática: autonomia e participação na Escola Estadual 11 de Agosto Umarizal/RN

The object of analysis of this work is the implementation of the election of director in the State School August 11, situated in the city of Umarizal, State of Rio Grande do Norte, period 2005-2008. The understanding of the politics concerning the school democratization, triggered in Brazilian society in the 1990s, requires taking into consideration the changes occurring in recent decades in the national and international, which impressed significant changes in the role and functions of the state. The election of a director is part of the policy of administrative decentralization and educational reform that focuses on the democratization of the management of public education with the involvement of social actors in decisions within the educational institutions as a way to address the problems that hinder the actions management education, especially school management. To better understand this process of political democratization of school management developed our analysis seeking to answer the following questions: implementation of direct election for a director ensures democratic management in schools? What are the ramifications for the school, caused by direct election on the school autonomy and participation of the subjects in school processes? From these questions, we set as standard for analysis of democratic management in schools of two dimensions: participation and autonomy within the school. For this we take as a theoretical and methodological literature: Pateman (1992); Rousseau (2010); Bourdieu (2007), Castoriadis (1991); Macpherson (1978); Marx; Engels (2007), among others dealing with participation, autonomy, decision power and election of director, and guidelines dealing with the democratization of school management. As data collection procedure, we use the semi-structured interviews and analysis of meeting minutes of the School Council and the Minutes of the final results of elections, to understand the empirical aspects of the implementation of the election of a director. The survey results indicate some progress and setbacks regarding the participation of subjects from issues relating to the school's educational project. Also underline the political interference as a factor crystallizer the centralization of power in the figure of the director as well as the advancement of the spaces that nurture the mobilization of political debate on the democratization of management. About the extent of autonomy observed that social actors to relate predominantly to the power of decision and the involvement of subjects in the school's actions

Trilhas da inclusão escolar percorridas por uma aluna com paralisia cerebral na EJA: concepções e práticas

On this qualitative study, it has been discussed the school inclusion paths done by a student with cerebral palsy, who we call Liz, and who was also the reference and indirect subject for this study. For the representation of landscapes found, it follows throughout historical, political and pedagogical paths, getting through the case study method references on the current Brazilian educational context, analyzing, which concepts are attributed to the inclusion and which practices are developed by educational managers and teachers in a regular school of the City of Natal/RN. The theory which based this research is supported on Vygotsky's central ideas (1991, 1997, 2004) and his followers. Furthermore, it was essential to bring to this investigative journey a literature which could dialogue with the most relevant aspects of the cultural-historical approach, emphasizing the assumptions of a progressive education tendency, which promotes the subject involvement of his/her work in the world and for the world. This way, it was necessary to seek for theoretical support on assistive technology and on alternative communication, in order to show the importance of establishing other communications, which is, to break away from the conventional pattern established by the school. On this journey it was used procedures for the data construction, such as: observation, conducting semistructured interviews and questionnaires; and document analysis that supported and legitimized the inclusion, besides the permanent field diaries record. On the access paths to this landscape it entered in the Youth and Adults Education (Educação de Jovens e Adultos - EJA), seeking to establish a dialogue among Youth and Adult Education and Special Education. It was verified that, still, there are large gaps in these policies articulation. Among the results obtained it was raised discussions on new scenery, in which Youth and Adults Education (EJA) emerges as prominent mode of the established relationships throughout the school inclusion process. There were target reflections on: the planning and evaluation systematic, the pedagogical articulation among the Youth and Adults Education (EJA) teachers and the multifunctional resource room teacher's actions and the continuous training importance of the educators involved. It was considered, therefore, that the necessary mediations for school inclusion may be sustained if the walkers are involved in a permanent contact with the nature of a proposal from the Special Education inclusive perspective

Search for Salmonella spp. in ostrich productive chain of Brazilian southeast region

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

O cidadão técnico em enfermagem :analisando as mudanças na sua profissionalização

The study analyzes the changes occurring in the professional qualification of the Nursing Technician in the Natal School of Nursing. It provides a historical discussion of Brazilian professional education, of the pertinent legislation in this type of teaching, and the repercussions related to the institutionalization of the Educational Directives Law. It interprets the discourse of the graduates of the complementary course of nursing auxiliary to nursing technician, for the year 2002, using the collective subject analysis and individual interviews. These revealed changes in the areas of knowledge-learning, knowledge-doing, knowledge-being, and an awakening to other changes besides the challenges being confronted. In this sense, nursing as a participant in a society that is effervescent with process changes, interacts socially, politically and professionally in this context, able to experience advances and retrogrades, depending on its political competency

The relationship between pasture degradation and soil properties in the Brazilian amazon: a case study

Pasture degradation is one of the greatest problems related to land use in the Amazon region, forcing farmers to open new forest areas. Many studies have identified the causes and the factors involved in this degradation process, in an attempt to reverse the situation. The purpose of this study was to examine the relationship between pasture degradation and some soil properties, to try to identify the most significant soil features in the degradation process. A cattle raising farm in the eastern Amazon region, with pastures of different ages and degrees of degradation, was used as the site for this study: a primary forest area, PN; three Guinea grass (Panicum maximum Jacq.) pastures in an increasingly degraded sequence-P1, P2 and P3; one Gamba grass (Andropogon gayanus Kunth) pasture following an extremely degraded Guinea grass pasture, P4. Aboveground phytomass data showed differences between the pastures, reflecting initially observed degradation levels. Grass biomass decreased sharply from P1 to P2 and disappeared at P3. Pasture recovery with Gamba grass at P4 was very successful, with grass biomass higher than P1 and weed biomass smaller than P2 and P3. Root biomass also decreased with pasture degradation. Soil bulk density increased with pasture decrease at the topsoil layer. Results from the soil chemical analysis showed that there were no signs of decrease in organic carbon and total nitrogen after the forest was transformed into pasture. In all pastures, degraded or not, the soil pH, the sum of bases and the saturation degree were higher than in the forest soil. The extractable phosphorus content, lower in forest soil, remained quite stable in pasture soils, but it could become a limiting factor for the maintenance of Guinea grass. Results indicated that pasture degradation does not seem to be directly related to the modification of the chemical features of soils. (C) 2004 Elsevier B.V. All rights reserved.