Duas mãos e o sentimento do mundo: Hélio Vasconcelos

This thesis deals with the intellectual itinerary of the humanist, lawyer and educator RN Helio Vasconcelos in building a more cohesive society, just and egalitarian, less marked by inequality, by poverty, ignorance and lack of freedom of his people suffered and loved. It also shows, as after suffering the hardships caused by the political persecution and imprisonment, exile faced with dignity, developing an exemplary job of defending the rights of children and adolescents. For this, redo the way that intellectual humanist, simple man who never gave up their way of thinking, of viewing the world, to love and respect all that surrounds him, thinking globally and acting locally, always holding the defense Rights human. Helium shows how solidarity exercised intensely and as bothered with the real interests of the community to hold public office. It seeks to demonstrate the need for reformulation of Legal Education in order to stimulate the formation of a lawyer gifted humanist profile

O princípio constitucional da livre concorrência como instrumento de desenvolvimento socioeconômico

The freedom of concurrence, firstly conceived as a simple market fundament in productive systems that recognized the productive forces freedom of action, appears as a clear instrument of protection and fomentation of the market, recognizing the importance of the simultaneous existence of various economic forces such the proper capitalism reason of constitution. It has, thus, a directly role linked to the fundamental idea that the market and its productive forces needed of a protection against itself, because it exists inside the market situations and circumstances, provoked or not, that could prejudice and even annihilate the its existence and functioning, whilst a complex role of productive forces presents at all economic creation space. It was the primacy of the classic liberalism, the first phase of the capitalism. The Constitutions, in that historic moment, did not proclaim any interference at the economic scenario, simply because it recognized the existence of an economic freedom prepared to justify and guarantee the market forces, with its own rules. Based on the structural changes that occurred at the following historic moments, inside the constitutionally recognized capitalism, it was verified changes in the ambit of treatment of the freedom of concurrence principle that, in a progressive way, passes to present a configuration more concerned with socialist and developing ideas, as long as not only a market guarantee. It emerges a freedom of concurrence which aim is instrumental, in relation to its objectives and constitutional direction as a role, and not anymore stagnant and with isolated treatment, in special at the constitutional systems the present s clear aspects of social interventions and guarantor of fundamental rights more extensive and harmonious. That change is located at a space of state actuation much more ample and juridical important, this time comprehending the necessity of managing the productive scenario aiming to reach a national social and economic development effectively guarantor of fundamental rights for all citizens. Those Constitutions take as point of starting that the social and economic development, and not only anymore the economic growth, is the effective way for concretization of these rights. In that way it needs to be observed and crystallized by political and juridical tools that respect the ideological fundamental spirit of the Constitutional Charters. In that scenario that seeks for solutions of rights accomplishment, in special the social rights, the constitutional principle of freedom of concurrence has been seen as an instrument for reaching bigger values and directives, such as the social justice, which only can be real at a State that can implement a comprehensive and permanent social and economic development. The freedom of concurrence tries to valorize and defend something larger and consonant to the political values expressed in the Constitutional Charters with social character, which is the right to a social and economical sustainable development, guarantor of more clear and compromised collective benefits with social justice. The origin of that constitutional imposition is not only supported by vague orientations of the economic space, but as integrated to it, with basis formed of normative and principles posted and prepared to produce effects at the proper reason of the Constitution

O direito à saúde: a medida do dever do estado de fornecer Medicamentos de dispensação excepcional à sociedade sob a ótica do desenvolvimento

It is a fact that the fundamental rights of citizens are being recognized and guaranteed by the state over time, regardless of the belief that if these rights has always been part of the heritage of subjective individuals, or whether they will be aggregated during the course of human history. In that, emerged the rights of freedom of men and, subsequently, the rights to create a situation of equality between the humans, the so-called social rights. In turn, as these rights known as social, to be implemented, need a positive action by the state, more precisely by the state power whose function is to manage public money and create policies for implementation of fundamental rights. Given this, pay attention to the right to health, was created the Programa de Medicamentos de Dispensação Excepcional, which aims to provide high-cost medicines to citizens Brazilian carriers of serious diseases, such as Alzheimer's and Mal Hepatitis C. Also on the program, it provides a way which will be mandatory that the drugs will be offered in such situations, and does not include a means of updating the list predicted able to monitor the progress of medicine that have been in the interest of the program. Given that, at present it is necessary to mention the recognition of another fundamental right: the right to development, which is the right of access to positive actions being implemented by the State, which are nothing more than public policy, gender which the Programa de Medicamentos de Dispensação Excepcional is kind. Thus, through the search in legislation and doctrine in relation to the theme, this work has the aim to examine the extent of the state to provide exceptional dispensing of medicines. Specifically, if the State in attention to the right to development and the implementation of the right to health, can really list exhaustively the drugs to be provided by the State, and what are the elements guiding this choice and how to control the same

O direito à informação jornalística: garantias constitucionais ao direito de ser informado no sistema brasileiro.

The freedom of social communication referred to those freedoms exercised under of the media. The journalism is professional activity responsible for factual information, real, pluralistic and of the public interest, directed diffusely to social orientation. The right of the information, characterized as diffuse right or of fruition by uncertain and numerous holders, is subdivided in the right of the inform, inform yourself and right to be informed. The journalists, as occupants of a enlarged spectrum concerning of right of the inform, have responsibility for the information they disseminate, devoir that puts on the basis of the constitutional right to be informed. This duty is divided with journalistic companies, when them realized. In the research, examined the existence of constitutional guarantees the right to be informed. To answer the question, realized research to support bibliographical and documentary. The guaranty is a empirical preoccupation coated with legality, since lends itself effect concretize a right. Traced so a panel of guarantees of institutional imprint, substantive and procedural. Treating of the institutional guarantees the right to information, it would refer to true institutions (as the free press) and may begin subjective rights. In the case of substantial guarantees, we would have access to information, the confidentiality of the fonts and the incensurable feature of journalistic information. A guarantee peculiar would be constitution of bodies responsible for monitoring the quality of the vehicles of communication. Trace it also a panel strict of procedural safeguards, such as public civil action, the security s warrant, and the rights of petition and answer.

Liberdade de expressão: amplitude, limites e proteção constitucional no deireito brasileiro.

This dissertation focus, as main objective, to address the issue of fundamental rights and political freedoms of the individuals, guaranteed by the Constitution of 1988, with emphasis of study in the constitutional guarantee of freedom of speech, as well as in national related constitutional law institutions and its derivatives, and the connection with the historical and political affirmation of fundamental human rights and its importance for the construction, maintenance and consolidation of constitutional democracy in the Federative Republic of Brazil. This paper mainly deals with aspects of juspostive nature, focused mainly within its doctrinal aspect, making, for such, references both to the patrian doctrine and the foreign one, without forgetting the necessary jurisprudencial focus and analysis of the positive patrian planning with references to comparative law, in order to describe and analyze the emergence, evolution and dissemination of the institute, both in the major countries of the Western World and along the Brazilian constitutional history.

A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights

Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

Os crimes de mídia no paradigma democrático constitucional

The criminal responsibility of the media is analyzed when the criteria for production of news and events involving public safety are produced without considering the technical, legal and ethical practice of journalism in the media factors. Freedom of speech, expression of thought, necessary for professional qualifications and constitutional limits, reaching criminal constitutional principles and the possibilities of criminal liability for offenses practiced in the media are present as key factors legal dialogue in this work. The judgment of the Supreme Court on the unconstitutionality of Law nº. 5.250/67 called Media Law caused a gap in the national legal system, forcing the use of the criminal code to address issues that involve crimes produced in media professional performance. The presumption of innocence is ignored by the professional media during a police investigation where the information published does not respect, including constitutional guarantees: the right to privacy, honor and image. The right to information and the duty to inform media are worked in its constitutional aspect, considering that the same information should be produced is guided by the quality and guiding principles of truth. The constitutional concept of media is presented as information with the appropriate language of the news media, produced and disseminated through the vehicles of mass media, whether in print or digital platform. The presented model of the legal right to information is outlined from a constitutional hermeneutics, increasing the production of news as a result of the occupation of journalist in different news platforms, guaranteeing the quality of this prolific law. Under the Freedom of professional activity of the journalist, the constitutional limits are addressed in line with the reality of (non) regulation of their profession, considering the constitutional abuses committed in the exercise of that activity linked to communication fences. Jusphilosophic field reaches the limits of the duty of truth in journalism as a tool for spreading news, respect the audience and compatibility with the constitutional state. Using the conceptual and doctrinal aspects, this criminal offense is parsed from the journalistic practice and the publication of news involving public safety, with the hypothetical field consummation of that crime through the eventual intention. As a form of judgment against these crimes produced in honor media presents the court of the jury as a legitimate form of democratic decision

Universidade e educação ambiental

The society consists of the inter-relations between diverse symbolic fields of performance, where some agents if identify for values, habits and goals. The present thesis analyzed, taking for base the Theory of the Social Field of Pierre Bourdieu, the ambient field and the university, leaving of the principle that the university is one of the propitious places for the quarrel, study, knowledge elaboration, and that the ambient education is one of the ways of dissemination of knowledge and action in favor of the ambient question. It was looked to contextualize and to identify the main factors that configure the university while a social field, and to evidence the conflict and connector links with the ambientalism. It is perceived university as space of tensions, whose produced capital stock in the academic scope must be enough convincing in the direction of the social transformation, of the expansion of conscience, the critical matureness, and thus to appear as agent of social transformation. The joint between the diverse social fields, promoted for the university, will be able to contribute for knowledge formularization that can consist base for elaboration of politics and programs to answer to the problems of the society contemporary. It has the inter-relationship between the two fields, however, this relation still is fragile, needing that a continuity practical social that they make possible that the ambient question is part of the culture of the university. This will be able to give with the intensification of the actions and the inclusion of the ambient questions in the communication mechanisms and administrative management. To surpass discontinuities caused for changes of groups leading and for interests politician conjunctural are necessary that they create habitus, what passes for the institutionalization of practical and the constitution of a culture that the agents allow if to reorganize defending the interests of social transformation front to the economic interests, as much in the university how much in the ambient field

Livre expressão :para que te quero? o interesse público no ensino do Jornalismo

The main objective of this research was studying the meanings of the freedom of expression and what professors of Journalism think about the way those meanings are used in pedagogical practices. The term freedom of expression is commonly used in journalism even though it is not so studied, consequently we don t have a word to define it. Therefore, we related the term freedom of expression in Journalism teaching to the condition as the object of this study, aiming to establish a connection among the term, the right, free expression and the endurance of the right. The theorical support to understand the dynamic of the meanings of the freedom of expression in the social practice of Journalism teaching was based in the Hegeliana dialetic theorical principles and in the language philosophy more specifically in Bakhtin s perspective from which we can mention the social auditorium, immediate conditions of production and a wider social horizon as the main categories of analysis. This study is a qualitative research with an interacionist perspective anchored in a semi-structured interview as a privileged method of data collecting made with ten professors from Journalism graduation. The analysis reveals that, in the interviewers perspective, there would be a deceiving practice from freedom of expression in the journalism teaching in which emerges either in speeches with handbills spreading the fear and/or under a stimulus form to concealment

Corpo e aprendizagem em Boris Cyrulnik e em Merleau-Ponty

This research seeks to identify views of the body and learning the authors Boris Cyrulnik and Merleau - Ponty, thus tracing reflective for the educational field in several areas, with emphasis on physical education paths . We notice that the above authors present a wide collection of books, needing to develop this theoretical construct a limitation in their works. Therefore , on the theme of the body , were used mainly books The Sixth Sense , Boris Cyrulnik and Phenomenology of Perception , Merleau- Ponty , as both present in their organizational context a specific chapter on this subject . The phenomenological approach is included as path to be taken to devise this study because it is based on daily reflections that the human being perceives through his experiences with his peers and mainstream culture. The phenomenological reduction was carried out from the readings and interpretations of texts, writers and commentators, as well as approaching with life aspects of experience as a police officer and professor of ethics. The interpretation points to the understanding of body and learning that can be propagated within the Physical Education and as a way to understand and learn the constructs lived through sensitivity. The design of the body, feelings and affections of Boris Cyrulnik firm the empathetic bonds between human beings, bringing confidence to explore the world, learning through the new link with the other. This notion is close to the notion of expressive body Merleau Ponty, who holds intentions in their gestures (movements), entwining in time and space. Boris Cyrulnik and Merleau-Ponty expressed as the human being is enigmatic, lying embedded in a social and cultural world, so the experiences to traçarem existential trajetória and learning need in order to enaltercer freedom of expression as a mechanism that can be deployed in the appropriation of concepts and the criticality of the subject facing widespread theories (biological, social, anthropological , etc.) . From the reflections of the research is that recomneda Physical Education , as epistemological working area apprenticeships stemmed body movements should enable reflection on their practice, other do be done, but enabling the creation of different senses and meanings each body attitude

Cultura organizacional e comprometimento dos funcionários do Soleil Suíte Hotel

This study examines the relationship of the types of organizational culture perceived in a business hotel with the nature of the link between individual and organization. This linkage between commitment and organizational culture has been little explored, both national and international, requiring more studies. Thus, the survey was conducted in Soleil Suite Hotel, located on the beach of Ponta Negra, city of Natal, Rio Grande do Norte. The independent variable of the proposed model was represented by the types of organizational culture, while the dependent variable was represented by the four dimensions of commitment. It was used in addition to the correspondence analysis, the arithmetic mean, the Pearson s correlation and the simple regression analysis. The results indicated the existence of relationship of the types of organizational culture with the kind of commitment shown by the officials, where the cultures of Group and Innovative, capable of generating an environment dedicated to the work as a team, the development and professional growth of the employees, as well as the creativity and individual freedom of each one to try new things, encourage the dominance of the dimensions Affective, Affiliative and Normative of the tie person-organization

Desgaste de polímeros estruturais de engenharia em contato de deslizamento com cilindro metálico

Present work proposed to map and features the wear mechanisms of structural polymers of engineering derived of the sliding contact with a metallic cylindrical spindle submitted to eccentricity due to fluctuations in it is mass and geometric centers. For this it was projected and makes an experimental apparatus from balancing machine where the cylindrical counterbody was supported in two bearings and the polymeric coupon was situated in a holder with freedom of displacement along counterbody. Thus, the experimental tests were standardized using two position of the two bearings (Fixed or Free) and seven different positions along the counterbody, that permit print different conditions to the stiffness from system. Others parameters as applied normal load, sliding velocity and distance were fixed. In this investigation it was used as coupon two structural polymers of wide quotidian use, PTFE (polytetrafluroethylene) and PEEK (poly-ether-ether-ketone) and the AISI 4140 alloy steel as counterbody. Polymeric materials were characterized by thermal analysis (thermogravimetric, differential scanning calorimetry and dynamic-mechanical), hardness and rays-X diffractometry. While the metallic material was submitted at hardness, mechanical resistance tests and metallographic analysis. During the tribological tests were recorded the heating response with thermometers, yonder overall velocity vibration (VGV) and the acceleration using accelerometers. After tests the wear surface of the coupons were analyzed using a Scanning Electronic Microscopy (SEM) to morphological analysis and spectroscopy EDS to microanalysis. Moreover the roughness of the counterbody was characterized before and after the tribological tests. It was observed that the tribological response of the polymers were different in function of their distinct molecular structure. It were identified the predominant wear mechanisms in each polymer. The VGV of the PTFE was smaller than PEEK, in the condition of minimum stiffness, in function of the higher loss coefficient of that polymer. Wear rate of the PTFE was more of a magnitude order higher than PEEK. With the results was possible developed a correlation between the wear rate and parameter (E/ρ)1/2 (Young modulus, E, density, ρ), proportional at longitudinal elastic wave velocity in the material.

A produção da subjetividade no contexto institucional de um seminário católico

Esta pesquisa visa estudar a produção da subjetividade no contexto institucional de um Seminário Católico. Este estabelecimento funciona em regime de internato no qual atualmente 70 seminaristas estudam Filosofia durante 3 anos, numa etapa preparatória para o sacerdócio. Pesquisamos o funcionamento da vida institucional através da observação participante e utilizamos entrevistas semi-estruturadas para entender como o seminarista experiencia sua vida. Os resultados preliminares indicam que a vida no contexto institucional do Seminário produz diversas modalizações da subjetividade nos seminaristas internados no estabelecimento: há uma perda considerável de autonomia pessoal, da liberdade de ir e vir, agir e decidir, originando comportamentos de dependência excessiva, de resistência à mudança, de conversão ao papel proposto, de rivalidade fraterna. A contradição detectada entre o aparelho repressivo e o discurso participativo parece produzir nos indivíduos características marcadas pela clivagem e pela recusa.

O conceito de liberdade em o ser e o nada de Jean-Paul Sartre

This dissertation aims to address the concept of freedom from the perspective of the French philosopher Jean-Paul Sartre with reference to the main work Being and Nothingness. After presenting the concept of freedom we will try to show that it is related to the notion of responsibility, which will lead, ultimately, to define the Sartrean philosophy as a philosophy of action. In the first chapter we will present in passing the phenomenology of Edmund Husserl, philosopher from which Sartre will develop his concept of freedom. The Husserlian notion of consciousness (intentionality) is the way to develop his analysis of Sartre phenomenon of being. From this analysis Sartre submits their concepts of being in-itself and being for-itself. Being initself is defined as the things of the world devoid of consciousness, are the things that surround us. The In-itself has as its main brand positivity: it is what it is, is all that can be said about him. In turn being For-itself is the very being of man, which differs radically from the In-itself. The For-itself has as its main intentionality, ie, its ability to project outside itself in existence. That's when Sartre shows that this type of being realizes its existence on the basis of a constant nihilation. Here comes the notion of anything. Among the relations of the For-itself with the surrounding world stands a very special: relationship between consciousnesses. It is when we discuss the issue of another. Intersubjectivity, through sartrean analysis of look, show that the For-itself assumes a new existential dimension: the being-for others. That's when Sartre will emphasize his notion of conflict. The conflict in intersubjectivity would come from the fact that you want to take another- For-itself as an object. Given this we will analyze what Sartre called the concrete relations with others. The philosopher submit such relations in the form of ducts and conduits assimilation of ownership. In the first my-self to try to "get lost" in the consciousness of another, ownership of my conduct in-itself tries to "take ownership" of the subjectivity of the other and try to treat others as things, as objects. In this sense Sartre examines the experiences of love, masochism, indifference, desire and sadism. Following this route we will enter the land of freedom itself, which is the major theme of our work. Since Sartre defines the For-itself as a being that is projected to create your way of being, it can only define it as freedom. The freedom of the For-itself is taken in terms of autonomy of choice. Once the For-itself has no way of being a thing as being in-itself, it just may be picking up, that is, making your being. Here Sartre speaks of the anguish that would be the symptom of freedom itself. The fact that the For-itself have to choose on whether the call as one being distressed. However, in most cases the For-itself tries to escape from the anguish of freedom and takes refuge in bad faith. After setting the man (For-itself) as freedom Sartre defends that he is totally responsible for what he does of himself. Once the philosopher holds that man is not predetermined, ie, does not have an a priori essence, his philosophy has as its basic assumption the action. If Sartre argues that the For-itself must constantly choose your way of being, the action is the basis on which man will exercise his own freedom. In this sense we conclude the work with an approach to work Existentialism is a Humanism, which represent the entry of the philosopher on the practical aspects of life