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

Perfis do controle jurisdicional de políticas publicas: parâmetros objetivos e tutela coletiva

This paper focuses on a study of public policy jurisdictional control as some effectiveness mechanism for cultural, economical, and social fundamental rights. It investigates the juridical profile of public policies based on premises of the current (Neo)Constitutional State model and the assertion of an essentially constitutionalist Law paradigm from its genesis to its most peculiar elements, and through tormenting issues, such as: its position between Law and Politics, the difference with reflective subjective rights, and the problem of high financial costs. Once its object is identified, it moves forward into the theme itself, which is that of jurisdictional control, investigating its legitimacy based on paradigmatic judicial precedents and the facing of themes such as: current role of the Judicial Power, the splitting of state functions, administrative discretion, financial affordability, illegal omissions, and budget control. Finally, it examines, as its study central object, objective parameters for definition control, execution, and transparency of public policies, as well as identifying the most appropriate collective jurisdictional tutoring to its purposes together with some of its law process means. Therefrom, it shows new perspectives for the recent study on jurisdictional control of public policies, building foundations for the fundamental rights effectiveness

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional

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

Análise da comercialização de energia elétrica cogerada pelo setor sucroalcooleiro no estado de São Paulo

O Brasil viveu, em 2001, uma crise de oferta de energia elétrica sem precedentes que coincidiu com o processo de reestruturação do setor elétrico brasileiro e possibilitou aos autoprodutores de energia elétrica,como o setor sucroalcooleiro, comercializarem o excedente de energia, obtidos pelo processo de cogeração, que apesar do elevado potencial de comercialização, não está sendo devidamente aproveitado. Este trabalho teve por objetivo caracterizar o mercado de energia elétrica cogerada e analisar os obstáculos à comercialização da energia cogerada, à luz da existência dos custos de transação e econômicos, enfrentados pelo setor sucroalcooleiro e distribuidoras. Para a coleta de informações, foram realizadas entrevistas semi-estruturadas com o responsável pela área de cogeração das usinas e distribuidora de energia, que consistiam em perguntas pré-determinadas que foram lidas na mesma ordem e da mesma maneira para todos os entrevistados para assegurar a comparabilidade dos resultados. As entrevistas foram gravadas, transcritas e examinadas por meio da análise de conteúdo. Os resultados indicaram que poderiam ser estabelecidos contratos de longo prazo, mas os custos de transação e econômicos entre os agentes podem estar superando os benefícios da comercialização de energia elétrica cogerada, fazendo os agentes atuarem preferencialmente no mercado spot

A credibilidade do testemunho da criança vítima de abuso sexual no contexto judiciário

Violência sexual contra crianças não é um evento incomum; no entanto, há a dificuldade de denúncia, pois, além do estabelecimento da relação de dominação que o agressor exerce sobre a vítima, a maneira como tal fato é recebido pela sociedade e como é encaminhado pelas instituições judiciárias responsáveis também é determinante para as omissões. Inserida no universo dos interrogatórios, muitas vezes, a criança causa confusão ao desmentir o que havia falado antes, reforçando possíveis preconceitos em relação a si mesma. O presente trabalho traz a análise das relações entre a infância e a instituição judiciária, com principal enfoque no sistema de comunicação e de notificação dos crimes sexuais contra a criança e as consequentes intervenções profissionais que buscam a validação, ou não, de seu testemunho. Para tanto, foram pesquisados 51 processos judiciais, dos quais foram selecionados dois casos exemplares. Este trabalho evidencia a possibilidade de preservar a criança da revitimização causada pela multiplicidade de interrogatórios, sem deixar de cumprir as normas jurídicas necessárias. A fragilidade da palavra da criança está na forma como é acolhida pelos adultos, desde a revelação na família até a denúncia aos órgãos oficiais, revelando a urgência de alterações nos procedimentos judiciais relacionados a essa problemática

E Rimbaud se fez Rimbauds

Rimbaud, de 16 à 20 ans, a promu le nouveau des idées et formes de la poésie, en abandonnant la tradition par la recherche de l'inconnu, du nouveau verbe poétique où «je est un autre» et contient Rimbauds, multiple. Selon cette perspective, nous limitons la première partie de ce travail, un profil de ce Rimbauds qui concerne: son «Adieu» à la poésie sous la forme de silence: «Je est un autre» - dans laquelle nous avons également parlé du style, l'innovation et caractéristiques, la question - projet poétique?, et, enfin, le mimétisme littéraire de ses premiers poèmes. Dans la seconde partie, on aborde sa poésie, en particulier ses deux proses majeures «Une saison en enfer» et «Illuminations». De la Saison, ont fait des considérations sur ses proses, les proses narratives précédants et les sept proses centrales, dont détaillée de la «Nuit de l'enfer» et illustrent deux caractéristiques de Rimbaud: indécidabilité et incompossibilité. Des «Illuminations» on a saisi les poèmes Ville et Villes «I et II» pour les étudier sous l optique du non-lieu. On travaille encore un autre concept, de la façon dont il est présenté, sept fois dans les Proses, la notion de l Orient :commme il apparaît dans chaque livre, ce qu il signifie et où Rimbaud a cherché ces représentations

Liberdade e negação da vontade: análise do ser-livre como representação e na angústia

Common understanding about what freedom means has always been more or less related to the power to realize something intended, desired, a capability. Therefore, being free is commonly interpreted under the concept of free-will and the category of possibility to act. Although there are predecessors in History of Philosophy, Schopenhauer refuses the thesis of free will proposing otherwise the denial of willing (to live) as the ultimate possibility for human freedom, if not the only one left. The thesis that would make him famous was deeply misunderstood and so miscarried somewhat due to the way it was many times presented by the means of exotic examples wrapped in a mystical mood besides exaltations to Eastern traditions, which may satisfy anthropological curiosity instead of being capable to satisfy the reader in a philosophical way. It seems to result from Schopenhauer s thought a kind of pessimism against life. Otherwise, typical readings on the Schopenhauerian thesis are found full of inconsistencies once closely regarded, which blame does not belong to the author but to his interpreters. A new reading about the denial of willing as the ultimate possibility for human freedom demands a criticism on the inconsistencies and prejudgments deep grounded. For this, we firstly clarify the ways of understanding the willing nothing , which cannot be reduced to the mere refusal or conformism, being instead positively understood as a special manner of willing: the admission of oneself for the sake of one is. A few more than a century later The world as will and representation came to light, Heidegger proposes in his fundamental ontology that the proper being-free concerns to originary decision by which, in anguish of being suspended in nothingness, Dasein renders itself singular as the being who is in-a-world and to-death, concluding that the ultimate possibility of freedom is being-free-to-death. Developing the hypothesis that freedom, properly understood, concerns to nothingness as to indeterminate possibilities, we seek for a dialogue between Schopenhauer s thought and existential philosophy aiming to reconstitute and overcome Metaphysics tradition turning the question about freedom into a matter of Ontology. From the factual existence perspective, as we must show, every human activity (or inactivity) is ordinarily mediated by representations, in which me and world appear as distinct entities. So, each one among determininate individuals finds itself connected to the things in the world by interest, which proper concept must be sufficiently explored. Starting from this point, we may proceed to detailed analysis of usual representations of freedom aiming their destruction by Ontology and then reaching existential thesis according to Kierkegaard and Heidegger. Turning back to the analysis of Schopenhauer s work, we conclude existential understanding of freedom as will-to-be can also be found in Schopenhauer. In this way, denial of willing means ultimate freedom once the Will turns back to its own essence by suppressing the world as representation, which means the originary absolute indetermination of the extreme possibility to-be

A evolução da rotação estelar na vizinhança solar

Different studies point for an rotation age link following a α tα relationship. The value of the α -parameter has a strong role on the evolutionary behaviour of rotation, because it indicates how strong is the spindown once stars evolve. The well known Skumanich s relation α t −1/2, which is consistent with simple theories of angular momentum loss from rotating stars with magnetic fields and winds, is one of the best accepted. Nevertheless, several studies show clearly that such a relation cannot hold for stars much younger or much older than the Pleiades (100 Mega years) without leading to velocities much greater or much lower than those presently observed. The present study aims at improving this picture on the basis of an enlarged analyses taking into account the role of mass and metallicity on the rotation age relation, based on an unprecedented sample of about 14 000 stars in the solar neighbourhood. From this new approach we show that the α parameter it depends strongly on the stellar age and, by consequence, on the metallicity. In addition, one observes a strong dependence of the referred parameter on the single or binary status of the stars

Percepção ambiental de crianças em ambientes naturais protegidos

This study aimed at exploring and describing children s perceptions in threatened natural settings, specifically, the Rain Forest in Brazil. Several studies point to the significance of perceptions for people s pro-environmental attitudes and actions. We try to understand the person-environment interaction from an ecological perspective, and we present theoretical references for the understanding of how crucial nature is for psychological development and well-being. The children s drawings, individual interviews, discussion groups, photographies and informal and indirect sources, as teachers, brought material for the analysis. Participated in our study, carried on through a multi-method strategy, 209 children from six to eleven years old, living in the neighborhood of the Biological Reserve of Una, State of Bahia, created to protect Rain Forest fragments. The Rain Forest landscape is well portrayed in children s drawings, the vegetal elements prevailing over artificial and human elements. The figured plants and trees, however, are pointed with no precision as to their species. Most of the defined species are eatable. The children seem to be aware of the environment degradation, and of the importance of its conservation, but they describe episodes of hunting and feeding wild threatened animals. Our results indicate a utilitarian trend in the perception of living beings, in terms of their immediate usefulness for people. The multimethod approach seems to be appropriate to the complexity of the theme; the methodological strategies were well accepted by the children, offering them opportunities to express themselves. We observed how children, in different life phases, organize natural elements and processes in their drawings, and how these images relate to the local landscape. We discuss the results in the light of theoretical references of personenvironment studies and from previous investigations about children s perceptions of natural environment

Histórias de vida de mulheres idosas :um estudo sobre o bem-estar subjetivo na velhice

The elderly population growth in Brazil and in the world is an incontestable reality, arising from a significant declining rate in mortality and fertility, resulting from the remarkable improvements in the quality of life of the people. Associated with the introduction of new technologies in the medical area, these issues have been highly contributing for the increase of the population longevity. The numbers of the elderly in Brazil and in the world show female population predominance within the aging segment, a phenomenon known as the feminisation of the old-age . Aging, therefore, is nowadays one of the primary issues and that has been mobilizing the Brazilian s society, since the development raised from this new reality brought with it enormous challenges and complex social implications which are already felt in the daily lives of the societies. My work experience among some age groups has shown that aging is a much differentiated process which has instigated my interest in understanding why aging has to face an overwhelming and painful experience for some people and enriched and full of signification for others. Overviewing, this research aimed to understand the aging development through the analysis of the processes of signification and production of meaning that permeate the aging and the subjective well-being of three aged women participants of the Project Health and Citizenship on Third Age /CEFET-RN, that evidenced attitudes and behaviors concerning the integration and the activity toward the elderly population. The methodological strategy used was History of Life, starting from collecting data based on deep interviews. The analysis of data evidenced that the elderly well-being is a unique and distinct meaningful experience for each person, concerning each story of their lives within differentiated social, cultural, economic context, from this perspective one can demystify the concept of that aging occurs in a homogeneous way for everyone, everywhere and with the same rhythm. The narratives presented in this research showed the human development as being a dialectic, discursive and interactionist process which extends throughout the adult life and continues to the aging life. The guarantee that development and aging are a parallel phenomenon always in interdependence on the preceding phases of live, are corroborated within the studies. This present study confirms that the elderly population can be a phase of growth, personal realization and continued development, without disrespecting the heterogeneous and the subjectivity of the person who ages. Notifying those healthy and well-succeeded aging experiences, this issue has the intention to contribute to demystify the concept of aging as a social problem, illness needed to be treated, and the stereotypy of the elderly being dependent and unproductive

Constitucionalismo internacional: direitos humanos sob a ótica da globalização

The work presented here is the result of research on the issue of human rights in the face of conflicting issues such as the incorporation of international treaties, the sovereignty of states, globalization and multuculturalism. Specifically, we will investigate the origin of human rights, alongside his growing recognition, from the Revolutions until its completion in the Universal Declaration of Human Rights in 1948. The question, however, has become broader, when analyzed from the perspective of the internationalization of these rights as conditions and limits of democracy. Given the convergence on the reception of international treaties on human rights, we analyze a series of positions, including recent placements of the Supreme Court, and Constitutional Amendment n.45/2004. The study aims to review the classical concept of sovereignty, now within a new perspective based on the appearance of certain limitations of the state and a crisis in the face of the protection of human rights. We analyze the phenomenon of globalization in light of its complexity and its relation to sovereignty and human rights in pursuit of an expansion of democracy. The theme is consistent also with the line of contemporary constitutionalism, since their approach has a close connection with the issues of sovereignty and globalization, as well as a current relationship with the protection of human rights. The research aims to analyze the formation of a new society within a global vision of the constitutionalization of international law. It seeks to glimpse the invocacion model of foreign precedents and the possibility of dialogue betweem States as a way of protecting and enforcing the protection of human rights

Mecanismos de alojamento de magmas granitóides :exemplo do plúton de Japi(RN)

This dissertation describes the igneous suites of the Japi granitoid pluton, intrusive in the Paleoproterozoic gneiss-migmatite complex of the eastern domain of the Seridó Belt, northeastern Brazil. Field relations show that the pluton is affected by strong deformation associated to the Brasiliano orogeny (known as the D3 phase) , with a NW-trending extensionalleft-hand senestral shear zone (the Japi Shear Zone, JSZ) bordering the intrusive body to the west. Four plutonic suites are found in the main pluton and as satellyte intrusions, besides Iate pegmatite and pink leucogranites. An alkaline granitoid suite, dominated by syenogranites bearing sodic augite (and subordinate hornblende), define a main elliptical intrusion. In its northern part, this intrusion is made up by concentric sheets, contrasting with a smaller rounded stock to the south. These granites display a pervasive solid-state S>L fabric developed under high T conditions, characterized by plastic deformation of quartz and feldspar. It is especially, developed along the border of the pluton, with inward dips. A regular magmatic layering is present sometimes, parallel to the tectonic foliation. The syntectonic emplacement as regards to the Brasiliano (D3) event is indicated by the common occurrence of dykes and sheets along transtensional or extensional sites of the major structure. Field relations attest to the early emplacement of the alkaline granites as regards to the other suites. A basic-to-intermediate suite occurs as a western satellyte body and occupying the southern tail of the main alkaline pluton. It comprises a wide variety of compositional terms, including primitive gabbros and gabbro-norites, differentiated to monzonitic intermediate facies containing amphibole and biotite as their main mafic phases. These rocks display transitional high-K calc-alkaline to shoshonitic affinities. Porphyritic monzogranite suítes commonly occur as dykes and minor intrusives, isolated or associated with the basic-tointermediate rocks. In the latter case, magma mingling and mixing features attest that these are contemporaneous igneous suites. These granites show K-feldspar phenocrysts and a hornblende+biotite+titanite assemblage, displaying subalkaline/monzonitic geochemical affinities. Both suites exhibit SL magmatic fabrics overprinting or transitional to solid-state D3 deformation related to the JSI. Chemical data clearly show that they are related to different parental magmas. Finally, a microgranite suite occurs along a few topographic ridges paralell to the JSI. It comprises dominantly granodiorites with a mineralogy similar to the one of the porphyritic granitoids. However, discriminant diagrams show their distinct calc-alkaline affinity. The granodiorites display an essencially magmatic fabric, even though an incipient D3 solid-state structure may be developed along the JSI. Intrusion relationships with the previous suites, as well as regards to the D3 structures, point to their Iate emplacement. All these suites are intrusive in a Paleoproterozoic, high-grade gneiss-migmatite complex affected by two previous deformation phases (D1, D2). The fabrics associated with these earlier events are folded and overprinted by the younger D3 structures along the JSZ. The younger deformation is characterized by NE-dipping foliations and N/NE-plunging stretching lineations. In the JSZ northern termination the foliation acquires an ENE orientation, containing a stretching lineation plunging to the south. Symmetric kinematic cri teria developed at this site confirms the transpressional termination of the JSZ, as also shown by orthorrombic quartz c-axis patterns. E-W-trending d extra I shear zones developed in the central part of the JSZ are interpreted as antithetic structures associated to the transtensional deformation along the JSZ. This is consistent with its extensional-transcurrent kinematics and a flat-and-ramp geometry at depth, as shown by gravimetric data. The lateral displacement of the negative residual Bouguer anomalies, as regards to the main outcropping alkaline pluton, may be modelized by other deeper-seated granite bodies. Based on numerical modelling it was possible to infer two distinct intrusion styles for the alkaline pluton. The calculated model values are consistent with an emplacement by sheeting for the northern body, as already suggested by satellyte imagery and field mapping. On the other hand, the results point to a transition towards a diapir-related style associated to the smaller. southern stock. This difference in intrusion styles may relate to intensity variations and transtensional sites of the shear deformation along the JSZ. Trace element and Sr and Nd isotopes of the alkaline granites are compatible with their derivation trom a more basic crustal source, as compared to the presently outcropping highgrade gneisses, with participation (or alternatively dominated by) of an enriched lithospheric mantle component. Like other igneous suites in the Seridó Belt, the high LlL contents and fractionated REE patterns of the basic rocks also point to an enriched mantle as the source for this kind of magmatism. Geochemical and isotope data are compatible with a lower crustal origin for the porphyritic granites. On the basis of the strong control of the JSZ on the emplacement of lower crustal (porphyritic and alkaline granites) or lithospheric mantle (basic rocks, alkaline granites or a component of them) magmas, one may infer a deep root for this structure, bearing an important role in magma extraction, transport and emplacement in the Japi region, eastern domain of the Seridó Belt

Sub-registro de acidentes do trabalho em localidade do Estado de São Paulo, 1997

OBJETIVO: Estimar o número de acidentes do trabalho ocorridos em determinada localidade e intervalo de tempo e a extensão do sub-registro de casos. MÉTODOS: Amostraram-se 4.782 domicílios residenciais do município de Botucatu, SP, contendo 17.219 moradores, em primeiro de julho de 1997. em cada um dos domicílios, um morador adulto era entrevistado para identificar ocorrência de acidentes do trabalho nos três meses precedentes à entrevista. Nos casos positivos, os acidentados foram entrevistados. Para cálculo do intervalo de confiança utilizou-se a formula de Cochran. RESULTADOS: Confirmaram ter sofrido acidente do trabalho 76 indivíduos, estimando-se em 1.810 o número desses eventos em Botucatu no ano de 1997 e a proporção de incidência em 4,1% (IC95% 3,0%-5,3%). Dos 76 acidentados, 39 não eram cobertos pelo seguro acidente previdenciário (51,3% IC95% 41,1%-61,6%), não se enquadrando na obrigatoriedade de emissão de Comunicação de Acidente do Trabalho (funcionários públicos estatutários, autônomos, assalariados sem registro em carteira, proprietários e outros). Dentre os 37 casos com obrigatoriedade de emissão desse documento, 20 casos não possuíam (54,1% IC39,4%-68,7%). Houve maior proporção de sub-registro de casos em trabalhadores de micro, pequenas e médias empresas, do que entre grandes empresas. Apenas 22,4% (IC13,8%, 30,9%) dos acidentes do trabalho informados nas entrevistas domiciliares foram captados pelos registros previdenciários CONCLUSÕES: Os achados indicam a necessidade de melhoria de utilização de outras fontes de informação, além das Comunicações de Acidentes do Trabalho, para elaboração das estatísticas oficiais sobre acidentes do trabalho.

Balance Preliminar de las Economías de América Latina y el Caribe 2005

Incluye Bibliografía