1000 resultados para Princípios fundamentais
Resumo:
O impacto cultural e religioso causado pelo encontro dos indígenas e europeus no Novo Mundo me levou à busca de uma reconstrução do universo mental, simbólico e religioso dos povos que viveram no Brasil, nesse período.Para entender as origens, as matrizes fundantes, da religiosidade brasileira busquei, através da análise dos relatos dos cronistas quinhentistas, uma via para essa compreensão. Sabe-se que durante muito tempo a historiografia brasileira desconheceu o fenômeno das Santidades Ameríndias , ou seja, a dimensão dessa religiosidade envolta em magia, mas que pode ser observada e relatada pelos cronistas. Podemos verificar que o sagrado perpassa o campo social e o político dos indígenas brasileiros. Além da crença religiosa, existe a crença em outras forças que regem esse mundo: a crença nas profecias, nas benzeções para afastar os males e na cura ou nos feitiços que podem fazer o mal para seus desafetos. Todavia, nosso propósito não é um estudo da magia ou da religião, mas uma tentativa de abordar as crenças, a religiosidade indígena, nesse Paraíso Terrestre, que por um bom tempo foi o Brasil do Século XVI. O principal personagem: o profeta-caraíba é, ao mesmo tempo, sacerdote e fiel seguidor dos princípios tradicionais, fundamentais de sua tribo. Esse guia espiritual, com a missão de derrotar as forças do mal e libertar sua tribo das garras do inimigo, é quem deverá os conduzir até a Terra sem Mal.
Resumo:
This study begins with a brief overview of tax immu nities in general, dealing with the concept, legal, doctrinal ratings and limits. Then enters into the reciprocal immunity, since its birth in the United States, its justifica tions, until her current developments in the Brazilian Supreme Court, which has expanded it quite considerably. That Court has extended to state owned enterprises, even if pa id by public prices or rates, or if acts somewhat away from its essential functions, es pecially if they are public services provider. Given this linkage, these are also treate d in own topic, grounded in newer doctrinal proposals and less attached to historical formalisms (see such Supremacy of Public Interest over Private one). Public services are approached in its diversity, oblivious to traditional monolithic nature and accu stomed to the modern doctrine of fundamental human rights. It deals also the princip les of free enterprise and free competition, given that the public service provider s have lived intensely in this environment, be they public or private agents. In d ialectical topic, these institutes are placed in joint discussion, all in an attempt to in vestigate their interactions and propose criteria less generic and removed from real ity, to assess the legitimacy of the mutual enjoyment of immunity by certain agents. Sev eral cases of the Court are analyzed individually, checking in each one the app lication of the proposed criteria, such logical-deductive activity and theory of pract ice approach. At the end, the conclusions refer to a reciprocal immunity less rhe torical and ideological and more pragmatic and consequentialist. It is proposed the end to the general rules or abstract formulas of subsumption, with concerns on the one h and the actual maintenance of the federal pact, and on the other by a solid econo mic order without inapt advantages to certain players, which flatly contradicts the co nstitutional premises.
Resumo:
With the intention of studying and developing the design process based on a specific methodology, the object of this work is to present the design of a gated condominium community in Natal based on the application of principles of shape grammar, used in their design process. The shape grammar is a design method developed in the 1970s by George Stiny and James Gips. It is used for the analysis of the project as well as for its synthesis, with the goal of creating a "formal vocabulary" through mathematical and/or geometrical operations. Here, the methodology was used in the synthesis of the design process, through the relationship between formal subtractions and the houses’ architectural planning. As a result, five dwellings configurations were proposed, each one different from the other with respect to their shape and architectural programming, distributed in three twin groups, which are repeated until the final total of nine architectural volumes. In addition to studies of the condominium’s ventilation and the buildings’ shading simulations, studies of spatial flexibility and acoustic performance were also performed. The mapping of the design process, one of the specific objectives of the dissertation, was composed not only by the record of formal constraints (the preparation and application of rules), but also by physical, environmental, legal and sustainability aspects in relation to, on one hand, the optimization of the shading and passive ventilation for hot and humid climates, and, on the other hand, the modulation and rationalization of the construction.
Resumo:
The Brazilian juridical ordain has suffered several transformations on Family Law as of the 1988 Federal Constitution, which incorporated the changes in socio-cultural values and behaviors that appeared in the post-modern Brazilian society, with the repersonalization of the family, beginning with the principles of human dignity, affectivity and familiar solidarity; occurring an enlargement of the concept of family, increasing the relevance of socioaffectivity and eudaimonia. The general purpose of this dissertation is to analyze the constitutional interpretations of paradigmatic cases of the Brazilian Superior Courts checking the conditions and behaviors required to achieve the principles of affectivity and familiar solidarity. To do so, uses an exploratory and descriptive research trough books, scientific papers, jurisprudence, monographs and consult to specialized magazines to identify the reasons and specific purposes of the principles of affectivity and family solidarity within the constitutional norms, systematizing the primary meaning of these principles, then to observe the trial of patriotic courts, the criteria and standards of behavior used in their application. The analysis of recent decisions of the Supreme Federal Court and the Superior Court of Justice on the topic of the familiar relations, utilizing the new interpretative approach to the law that considers man as an ontological being of language, demonstrate that the affectivity and familiar solidarity are constitutional principles concretized in decisions, that don’t affect the principle of protection of the juridical security, that is, don’t cause uncertainty despite the incipient specification of criteria to its use
Resumo:
Considered as one of the oldest activities done by men, the civil construction represents one of the most important sectors for the economic growth of a country, in spite of the low results of growth in the past few years and also in the current year. To make this industry grow, even with an unfavourable economic scenario, it is necessary to implement an effective planning in its activities. This is one of the most important concepts brought by the Lean Construction philosophy, which had its origin through the adaptation of the concepts established by the Toyota Production System (TPS) or Lean Production. By having as a scenario the city of Natal\RN, the main goal of this dissertation consists in investigating how the 11 principles of the lean construction influenced the schedule of a construction field that started to implement its lean concepts. As a methodology, it was used the case study of a big enterprise located in Natal (RN). During the execution of the method, documents related to the short-term, midterm and long-term planning were analysed , aiming to describe its planning process; it was also described the factors that caused the delays at the enterprises’ field ;in addition, a comparison was made between the results obtained at the case study and the ones presented at the literature; in the end, the actions were listed by the company, which had the purpose to solve the main causes of delays, verifying if they were linked to the lean construction principles. This research finds its reason of existence in the relevance of its theme at the nowadays reality of the construction industry, since the principles of the lean construction uphold the reduction of processes that are useless, diminishing wastes as well as costs in construction. The relevance is perceived for the academy, in terms of the possibility to discuss if the concepts established by the lean production are being adapted to the civil construction sector and how this adaptation is influencing at the buildings planning project. Economic importance, because with the reduction of the wastes and costs, the companies may reduce the building´s value into a more accessible value, even with the sector´s lower growth. And social significance, because lean construction gives a better participation of the labour at the planning activity. Among the main results, the high frequency of planning errors stands out, mainly the programming deviations and not the task programming, as well as the execution errors, low productivity and activities executed by the workers. Amongst the 11 principles of lean construction, only five were related with the 12 actions analysed by the author. From the 12 actions, four were completely cohesive to one or more from these five principles. Some improvement proposals were also highlighted and established by the research.
Resumo:
This study aims to bring reflection on the legitimacy crisis of the Brazilian representative democracy, which results in non-attendance of fundamental rights, regarding legal and social facts in light of the existing constitutional order and seeking solutions in more democratic procedures and in a more humane, critical, democratic and collaborative education. It has been an issue for some time the understanding that the authorities do not meet the basic needs of Brazilian citizens - the only way to make them autonomous and sufficiently able to conduct their lives in a competitive and globalized labor market. Such situation only worsened - as illustrated by the social movements in mid-2013 - when people took to the streets, showing a noticeable dissatisfaction with public services in general, and some other groups presenting specific complaints in those events. To find solutions or at least suggestions for the reflection of the problem found, a current approach to public authorities was necessary attempting to reveal how the constitutional order authorizes their operation and how - in fact - they act. In this endeavour, the legitimacy of power was discussed, involving the analysis of its origin, to whom it belongs and the legitimacy of deficit situations, concluding that it is only justified as it gets more democratic influence, with greater participation of people in its deliberations and decisions, with its plurality and complexity. Research carried out by official institutions was necessary to have evidence of the low level of social development of the country and the nonattendance of minimum basic rights, as well as exposure to various acts and omissions which show that all public authorities do not legitimately represent the people's interests. The competence of the Supreme Court to establish the broader scope of the remuneration policy in the public service received proper attention, presenting itself as an effective means to promote the reduction of the remuneration and structural inequality in public service and contributing to better care of fundamental rights. Also, considerations were made about the Decree 8243/2014, which established the National Policy for Social Participation (NPSP) and the National System of Social Participation (NSSP) and took other measures with the suggestion of its expansion into the legislative and judiciary powers as a way to legitimize the Brazilian democracy, considering its current stage. In conclusion, it is presented the idea expressed by the most influential and modern pedagogical trends for the creation of a participatory, solidary, non-hierarchical and critical culture since the childhood stage. This idea focuses on the resolution of questions addressed to the common good, which considers the complexity and the existing pluralism in society with a view to constant knowledge update. Knowledge update is in turn dynamic and requires such action, instilling - for the future generations - the idea that the creation of a more participatory and collaborative democracy is needed to reduce social inequality as a way to legitimize and promote social welfare, with the implementation of a policy devoted to meet the minimum fundamental rights to ensure dignity to the population.
Resumo:
The work referred to above, in order to contribute to the legal issues, economic, political and social of the violation of social rights, performs even firmer approach to various implementation mechanisms of social rights in Brazil. Therefore, it begins the study dealing with aspects and important characters of the rights under discussion, as its normative forecast, concept, classifications; respect of social rights with the existential minimum; the principle of reservation of the possible and the need to use this principle as optimization commandment of state resources and the deficit of the realization of social rights in the country. This, in later chapters, in an interdisciplinary approach, challenges and proposals for the realization of social rights by bringing in each chapter, mechanisms for such implementation. That way, as a general objective, it has been to contribute to the discussed problems, when present proposals for the realization of social rights in the Brazilian context. As specific objectives, as well as record the key aspects of the rights in allusion, the one has to promote the perspective of economic development and taxation as posts instruments that the State must be focused on the promotion of social rights by registering in this context that nonexistent economic development without reducing poverty, misery and social inequality and adding that there should be a directly proportional relationship between the tax burden in the country and the human and social development index; analyze the achievement of budget control as essential and healthy measure for the realization of social rights; highlight the importance of society to the achievement of unavailable social interests, affirming the need for the implementation of participatory democracy and, in this line, brings knowledge of the Constitution and the constitutional sense as elements that provide the constitutional progress. Finally, it presents a study on public policies, considering that these are equivalent to the primary means of the promotion of social rights. That way it analyzes the stages that integrate public policies, ranging from the perception of social problems for evaluation and control of the policies implemented; debate about the administrative discretion in when it comes to public policies; brings the classification of essential public policies, the relationship of these with the existential minimum, control parameters and, finally, the legalization of public policy, regarded as legitimate to remedy the unconstitutional state failure and give normative effectiveness and strength to the defining constitutional rules for fundamental social rights. It uses to achieve the objectives outlined, the bibliographic and normative approach method and performs an analysis of jurisprudence related understandings to matter. In the conclusions, it rescues the most important aspects elucidated at work, with the aim of giving emphasis to the proposals and mechanisms that contribute to the solution of the discussed problems.
Resumo:
This research analyzes the transmedia narrative television series Cheias de Charme, understood as a fictional multiplatform world, composed of several pieces distributed in different media, and into the context of media convergence. With a view to its expansion in various media controlled by production, we investigated how the principles (Jenkins 2008, 2009a, 2009b) and the strategies of expansion and spread (Fechine et al., 2013) were appropriate for fiction. To do this, literature reviews were conducted about transmidiation processes and the specifics of transmedia narrative, in order to identify possible areas of action and forms of engagement with the public. In addition, he reflected on reconfigurations of the soap opera genre in the era of participatory culture. For a better understanding of the dissertation, the observations were divided into four distinct chapters, taking as a guide and starting point the inclusion of the soap opera in the internet environment. With the aid of a descriptive research with a view to the application of the Case Study procedure in the light of Gil contributions (2010), it is believed that the proposed objectives were achieved. Finally, it was concluded that Cheias de Charme, aired by TV Globo in 2012, in time of 19h, we used creative and planned actions that have worked effectively in developing a transmedia narrative.
Resumo:
This research analyzes the transmedia narrative television series Cheias de Charme, understood as a fictional multiplatform world, composed of several pieces distributed in different media, and into the context of media convergence. With a view to its expansion in various media controlled by production, we investigated how the principles (Jenkins 2008, 2009a, 2009b) and the strategies of expansion and spread (Fechine et al., 2013) were appropriate for fiction. To do this, literature reviews were conducted about transmidiation processes and the specifics of transmedia narrative, in order to identify possible areas of action and forms of engagement with the public. In addition, he reflected on reconfigurations of the soap opera genre in the era of participatory culture. For a better understanding of the dissertation, the observations were divided into four distinct chapters, taking as a guide and starting point the inclusion of the soap opera in the internet environment. With the aid of a descriptive research with a view to the application of the Case Study procedure in the light of Gil contributions (2010), it is believed that the proposed objectives were achieved. Finally, it was concluded that Cheias de Charme, aired by TV Globo in 2012, in time of 19h, we used creative and planned actions that have worked effectively in developing a transmedia narrative.
Resumo:
This study aims to examine the Brazilian legal model for the non-contractual liability of the state in providing public health services, from the perspective of threedimensional theory of law. Up based on bibliographical and documentary research, with emphasis on legislation, doctrine and Brazilian jurisprudence, the following conclusions were reached. The right to health is typified in the Constitution as a social fundamental right, and understands the pretension to obtain from the State, the supply of goods or the provision of services that reduce the risk of disease and other health problems; or promote, protect and recover the physical and mental well-being. Once violated the fundamental right to health, provides the managed, among other fundamental guarantees, the non-contractual liability of the state. The provision of public services by the state can be made directly through the Direct or Indirect Public Administration, or by recourse to private entities. In any case, the provision of public health services is entirely subordinate to the principles of administrative law and should be fully funded by tax revenues. As the provision of public health services is part of the administrative activity of the State, there is no way to exclude the application of the guarantee of non-contractual liability of the state in the face of the damage suffered by administered as users of these services. Therefore, it applies the theory of administrative risk, even in the event of harmful and illegal state failure.
Resumo:
Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct grounded in legal principles and rules set out in the Constitution of the Federative Republic of Brazil and the Organic Law of the National Judiciary, also contemplating propositional instruments covered by the constitutional system, which conveys behavioural paradigms inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those instruments in the Brazilian Ethical Code of the Magistrates and in the official complementary training of judges in charge of Judiciary Schools. The study provides the theoretical influxes of moral norm, passing by behavioural social norm to consolidate the ideal standards of judicial conduct into legal standards and related instruments. The Legal Deontology directed to the ethical judicial conduct is confronted with the stereotype that society expressed in relation to the judge's person, who is the political agent that interprets the law for making decisions which directly influences the realization of access to justice, that is constitutionally guaranteed to all. Core values inserted in the constitutional system intended to discipline the judicial conduct are presented and analysed under a critical view, since they are enclosed in prescriptive language that conveys behavioural aspects open to interpretation and which compliance is revealed as a proposition focused on promoting a better solution of interest’s conflicts under the responsibility of those who constitute the distinctive corporation of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the approach of normative and propositional instruments of deontological content, still focusing on the study of real cases examined by the Brazilian National Council of Justice, as part of its correctional goals.
Resumo:
Many changes have taken place in contemporary society causing impacts in its different sectors, making it much more complex and insecure than in past times. The alteration on the decision-making system of the Brazilian society is among the main changes today. The post-modern context contributed to the occurrence of the transfer of state power of the Legislative and Executive Powers to the Judiciary Power, specifically to the Federal Court of Justice, leading to an expansion on the actuation range of this institution mainly through the exercise of the constitutional jurisdiction. This has caused a crisis of legitimacy in society once the Court will now decide the political and social fundamental issues. In this scenario, the Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS are highlighted and both are being tried by the Supreme Court. Such emphasis is given, since it is a matter of high complexity and social repercussion that will be decided by a legal institution and not a political one. Thus, this work aims to analyze the role of the Supreme Court in the context of contemporary society on the trial of complex and controversial cases, particularly on the trial of Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS. This study has noticed that due to the post-modern context the majority of the Supreme Court Ministers tend to base their votes in constitutional principles and no longer limit themselves to a formal review of the constitutionality of laws, which indicates a substantialist approach. Moreover, it can be noticed the deliberative potential of the Court as well as the influence of the post-modern features, such as risk, uncertainty and insecurity on the elaboration of the Minister‟s votes. Therefore, sometimes, such as the case in study, the Supreme Court has acted as a technocratic agent in Brazilian society once fundamental political and social decisions for society especially when it comes to complex and controversial cases are being taken by the Supreme Court, which is composed by “Law technicians” and such decisions are mainly based in technical data and scientific studies. For the accomplishment of this work, it has been adopted the inductive approach and monographic procedure method and the bibliographical and documentary research technique.
Resumo:
The research identifies and describes the principles and methodological procedures of the director Gilles Gaetan Gwizdek on the transposition of the dramatic text to the space of representation through action and movement. Besides that, it presents the results of the experiment in two different labor camps and conducting modes: the no-actor student, inserted into the basic education, and the actor-student, inserted in higher education. Through the scenic paths encountered by the director, the individuals were could find their own ways and verify, through the scenic conductions, how such methodological procedures can achieve a pedagogical thinking about the actor's work. As theoretical referential, were studied the artists-educators: Jacques Copeau, in what sensitizes to the use of dramatic text, and Jacques Lecoq, it approaches of the physical use of the actor's body to the theater. The concepts about theater of the scholars in theater: Constantin Stanislavski, Eugênio Barba, Meyerhold, Eugênio Kusnet, Bertold Brecht go through the theoretical revisions of the thinkers: Odete Aslan, Patrice Pavis, Ney Piacentini, Lúcia Romano, Flávio Desgranges e Anne Bogart, in what affects their practical experiences and conceptual about the text, the action and the movement. It was analyzed also the practical experience based on the principles and methodological procedures of Gilles director, in rehearsals and performances of students in the ninth grade of the primary school the Basic School of the Federal University of Uberlândia - ESEBA, as also, of the students of the sixth, seventh and eighth period, of the Theater Graduation in the same university. From this analysis, it was proposed an interrelation between the theoretical and practical works, done by reading of the artists-educators about movement and Gilles Gwizdek in his work process. The research suggests that, from the movement, the student can build autonomously a character through the experience of small movements of the body. Thus, this student would increase his relationship between stage and audience, and consequently, he would cause a possible state of "seduction" of the spectator to the spectacle.
Resumo:
It is remarkable the current planet’s situation of degradation and modification of natural assets and the considerable loss of the recovery power inherent to the ecosystems. Concomitant with this, all communities and species are suffering the consequences of these changes without planning. The creation of conservation units (UCs) through the National System of Conservation Units (SNUC) was a concrete action on the deliberateness of halting these processes, which, on the other hand, generated socio-environmental, geo-economical and cultural-political conflict of interests between traditional communities in the vicinity of these units, institutions, governmental entities and society in general. The country’s National Program of Environmental Education (ProNEA) provides the integration of the communities and UCs’ managers in a co-participative administration to solve these conflicts. The principles of Environmental Education (EA) leads the methodology found to change the socio-educational paradigms of traditional teaching, still existing in our society and intrinsically related to environmental problems, which are contrary to the dialogic pedagogy from Paulo Freire, that valorize popular knowledge, pro-active citizenship, as well as contrary to Ecopedagogy, that re-integrate human being on its natural environment, the Earth. One of the tools for starting environmental sensitization is the diagnosis by environmental perception of individuals. In this context, the objective of our work was to identify the environmental perception of Tenda do Moreno community located nearby Pau Furado State Park (PEPF) in Uberlândia – MG. To reach this objective, the research sought, in a first moment, to evaluate the environmental perception of residents of this community through semi-structured interviews applied in their homes and, in a second moment, we evaluated the environmental perception of community’ school students and made Environmental Education intervention activities with the intention to make children aware of the importance of conservation and function of PEPF. Using the Content analysis methodology, we found in nearly 60% of the 118 residents a systemic perception of nature, while approximately 32% expressed an anthropocentric perception. Mixed perceptions were found in 21%. A considerable part of the residents (47 individuals) indicated not knowing the park, although many of them recognize its importance. Among the 46 interviewed students, half expressed an anthropocentric perception of nature, while almost 36% had a systemic view. Seventeen children said they did not know the park and almost half of the students recognize some aspect of the importance of its existence. During the intervention activities, we had huge participation and dedication of students, beyond the massive expression of their personal views and daily experiences. In relation to the ten students that subjected the second evaluation about their environmental perception after the intervention, 80% showed systemic perception and emphasized the importance of conservation and of park. We believe that the continuity of the intervention activities could generate positive perspectives of socio-environmental effective changes in the daily school. Activities lead by Ecopedagogy and that encourage the citizen leadership in the young students are fundamental, while in the community, closer ties and dialog by UC’s managers would be important elements to generate effective change.