A experiência humana como estratégia : a comunicação como jogo & o jogo como comunicação

En la interface de las Ciencias Sociales y de la Comunicación, la tesis expone una discusión sobre la Comunicación Social como área de conocimiento y discute las bases fenomenológicas de la producción de significado utilitario sobre el mundo. Para dar cuenta de esa reflexión se tiene como referencia la película Slumdog Millionaire? del director Danny Boyle. La experiencia vivida por el personaje principal llamado Jamal Malik sirve de apoyo a su éxito en un programa de TV cuyos desafíos consigue vencer uno a uno y transformarse en un millonario. El film, y en consecuencia la trayectoria de Jamal, es el operador cognitivo para que se presente la estrategia del personaje que transforma su conocimiento experimental en conocimiento pertinente, objetivo. La investigación sirve de base para ofrecer el argumento central de que solo existe conocimiento por medio de la experiencia vivida. A partir de esa concepción, la comunicación es vista en este ensayo como entrecruzamiento de caminos y nudos que se asemejan a un rizoma donde cada construcción de sentido, cada palabra que gana significación representa diversos enlaces de esos nudos sistémicos. Aseguramos que la comunicación es una condición sine qua non a los humanos y puede ser comprendida por la paradoja natural-artificial. Es de esta paradoja, que presentamos una contribución de la complejidad de la comunicación creyendo de forma dialógica que sí, hay una condición innata de la comunicación (y así mismo post humana) concomitantemente con la hipótesis de la artificialidad comunicacional. Corroboramos así, la idea de que el conocimiento fenomenológico de la comunicación es un juego de la construcción científica y, por lo tanto, un juego de la humanidad. En este mismo juego podemos comprender la comunicación por intermedio de algunos macro conceptos de la compleja actividad de comunicar (retroalimentación, recursividad y holograma) constelando así una estrategia de ligazón/estímulo/respuesta que nos permite conocer bien y saber organizar mejor el conocimiento adquirido en la práctica. La tesis tiene como interlocutores principales Claude Lévi-Strauss, Edgar Morin, Jean-Marie Pelt, Norval Baitello Junior y Vilém Flusser, entre otros

Max Stirner, o único e o que lhe é próprio: uma interpretação e(m) algun(s) ensaio(s)

This work has a study object the main thinking work of Johan Kaspar Schmidt well known as Max Stirner (1806-1856) - originally titled (in German), Der Einzige und sein Eigentun, and translated into Portuguese by the Portuguese publisher Antígona in 2004, under the title The Unique and its Ownership. This book was known in 1844 although its publication dated 1845 seen that the censor of that time rejected the publication request in that year - saying that ( ) in concrete passages of that work, not only God, Christ, the church and the religion are usually object of proposal blasphemy, but also because all social order, the state and the government are defined as something that should not exist simultaneously as one justifies the lie, perjury, the murder and suicide and denies the ownership right. After this first attack and rejection by its bearing the unique come to be others target, due practically to all the philosophical political thinkers its time including thinkers like Ludwig Feuerbach and Karl Marx & Friedrich Engels in spite of, on the other hand, having inspired formulations and reformulations of many of those thinkers that were against then in their times, as well as those thinkers that came after then such as Nietzsche himself. Even though this work was be victim of powerful attempts of erasing it of history, it has shown a great repercussion power and that is the main reason that led us to ask the following questions what is its big originality? , how could his author arrive at a so impactant perspective? What is its most legitimate political place? We endeavored in elaborate answers to those questions trough the exegesis of its text, taking in account both the scholarship environment where the author produced his intellectual life set - and the detailed reading of texts linked to discussion in focus, where this reading is always based upon the meaning and senses traced by the texts and its contexts as a precaution against the limits and the traps of the readings which shed light markedly on strict letter of the phrases constructs. Ours conclusions point at to the idea that a work like this , that subverts the characteristic ways of thought of the modernity, completely, continues being a utter odds, without rank in the history of thought and the moderns political practices, finding parallel possibility only, in a very special way, with a certain autharchic perspective of Ancient Greece

O incesto : discurso e ideologia

This research had as purpose to establish the logic symbolic present in the contemporary society that facilitated the emergency of a public speech on the incest, and, consequently, to demonstrate the ideological nature that structures it. Event associated to the order of the taboo, the incest would be the transgression of the injunction that, second Lévi-Strauss, facilitated the emergency of the Culture while symbolic order, differentiated of the natural order. The injunction of the incest would reveal the elementary and universal structures of the order symbolic presents in the human societies: the demand of the Rule as rule; the reciprocity and the gift, present element in the social changes that it transforms the individuals in partners, increasing a new quality in the transferred value, according to Lévi-Strauss. Starting from this, I developed the hypothesis second which the phenomenon of the alone incest became an event of discursive order and public as right social transformations affected the normative system (social representations, values, moral) regulator of the relationships among the social subjects, being reflected like this, in the own structuring of the Law. A second work hypothesis was developed starting from that. I develop it leaving of the argument that if when inserting the discussion of the thematic of the defense of the children and adolescent rights, being then, considering it while "privileged modality of sexual abuse against children", the present central subjects in the structuring of the social entail would be leaved. Being like this, the partner-institutional speech on the incest would answer the social demands of order and social control, becoming like this, discursive formations of ideological character. This research work tried to follow the hypothesis above referred, demonstrating the singular sense that it will be attributed to the incest in the contemporary society, particularly, its relationship with the Law and the transgression in the contemporary society

A arte rupestre como expressão comunicativa da cultura

Along their existence, through of the millenniuns, the Man registers, one way or another, their saga. One in those registration ways is the rupestrian art. Through the rupestrian art the Prehistory is brought even us, portraying in images the daily ritualist and magic of the Man, in scenes that show, among other, their cults and also their daily hard work. The Man is imposed, while registering of their existence, starting from the moment in that he is capable to leave their marks through the transformation that attributes to the Nature; also for the produced interferences and for the cultural singularities that themselves were constituted before the period of the alphabetical writing. In an artifice of duplicating utensils and in the sense of representing animals and to himself own, he delegated us a communicative system whose contexts and details were - and it continue being - an enigma to be deciphered. Starting from this argument, the research has for objective to understand the daily and the history of cultural groups that they preceded us, taking as base the reading of the rupestrian paintings found at the located archeological ranches in the Area of Seridó, more specifically in the Complexo Xique-xique, close to the Municipal district of Carnaúba dos Dantas, distant 220 kilometers of Natal, the capital of Rio Grande do Norte State

Da aliança ao democratismo: a trajetória do PFL no Rio Grande do Norte (1985-2006)

This thesis analyzes the political and electoral trajectory of the PFL in Rio Grande do Norte from its beginning in 1985 until his last electoral dispute in 2006, before the process of rebuilding occurred in 2007. The central argument of the thesis is that the PFL occupied side by side with the PMDB the central position in the dynamic of the state partisan politics. This was due to its ability to control the process of disputes for majority positions in the state, especially for Senate vacancies. The hypothesis that support the central argument are related to the trajectory of the formation of the party still under the military regime, where the group that took over the leadership of the party enjoyed privileged conditions for the consolidation of political and electoral power. Another factor associated with their performance was the force that was developed in the second-largest electoral college in the state, Mossoró. To these hypotheses we add the role Jose Agripino Maia who, leading without competitors within the party, concentrated a large power in making decisions in face of adverse contexts to ensure (his) conditions for success in majoritarian disputes

A etnopoética de Iracema: diálogo, ciência e literatura

Literary works are thought provokers that make it possible to access several forms to view the world and reality. They provide diversified points of view and infinite connections. In a particular way, among all the other forms of art expression literature is considered to be the closest to life, once it is able to reconnect all human dimensions emotional, rational, mystic, personal, universal, corporal, historic, mythical. This thesis aims at offering some reflections about the frontiers and bridges between science and literature aiming at understanding the complexity that guides them. It presents a new reading of Iracema novel: Ceará tale of José de Alencar from a meticulous incursion through new ways and natural spaces interwoven by Alencar. It tries to hear the echoes of this indianist novel in the university students today. In a broader context, it creates arguments that question the multiple threadsthat join science and literature so that a science of complexity arises distinguishing but not separating the innumerous narratives about the world. For this purpose, this thesis has as interlocutors: Antonio Candido, Charles P. Snow, Edgar Morin, Emilio Ciurana, Fritjof Capra, George Steiner, Ilya Prigogine, Isabelle Stengers, Roger Chartier, Roland Barthes. The plot presented here does not limit the novel to science, but makes it a rereading of the word, of life, once this is the raw material of books. As a methodological strategy, we rebuilt Iracema´s character trips in a way to update the novel, resulting in the video documentary Iracema ways: the arid and remote interior, the plateau, the sea. Iracema novel and character enhancing dialogs that allow the dichotomy rupture between two cultures (Charles P. Snow), recognizing they are not incommunicable and revealing the core argument of the thesis: Iracema belongs to a complex category. It is a hybrid novel that is far, far away from that bluish plateau in the horizon

Clara Nunes como obra de arte: a epistemologia das ciências humanas a partir da cultura musical

The thesis has its largest array in the reorganization of science that is built from the middle of the last century and its horizon reconnection between scientific culture and humanistic culture, and the dialogue between science, art and literature. This epistemological regeneration view of the scientific paradigm incorporates the poetic language and sociological analysis, and brings out a complex, open and transdisciplinary narrative. To undertake this exercise as interlocutors we have thinkers like Nietzsche, Lévi-Strauss, Edgar Morin and Bruno Latour, to name a few, and as a reference for analyzing the entire artistic production of one of the icons of Brazilian music, Clara Nunes. It is problematized up in this work, through the singer s discography, lyrics and fragments of her biography, the construction of a social character that politicized culture, increased the mestizo consciousness of popular imagery, and exceeded the excessively prosaic narratives of the academic and scientific culture. The central argument of the thesis recognizes a Hybrid Subject Clara Nunes, as indeed is what is expected of the politically engaged intellectual in the 21st century

A construção de um estilo de vida: família e relações de gênero na participação do projeto ético-político renovado

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Do controle de constitucionalidade dos atos jurisdicionais transitados em julgado

The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule

A boa-fé objetiva na concessão dos incentivos fiscais / Humberto Antônio Barbosa Lima

This essay analyzes tax incentives concepts and existing discussions on national and foreing doctrine, especially in countries that influence our legal culture, such as Germany, United States of America, Spain, Italy and England, providing a detailed study about the requirements that must be observed to ensure that there be a legitimate concession of the same. All this using as argument the Constitutional Charter and the development of the Law, mainly through the principle of objective good faith, which acts as the limiting principle of administrative discretion in granting such tax incentives, as well as creative element of the new duties for the public managers in order to be more effective, efficient and transparent compliance with the pact between the government and society and the objectives pursued by the last. Always chasing a strong argument through a broad historical and philosophical analysis of the institutes discussed. Thus, through studies that reveal the necessary incidence of objective good faith in granting tax incentives to achieve the constitutional purposes, this work does not merely disclose what is wrong, but provides solutions to modify reality hitherto existing, ie, introduces ways to reduce the encumbrance of the odious and ineffective tax incentives in society and to redirect these values unjustly destinated for obscure interests to achieve the real reasons for the existence of tax incentives, especially economic development through the reduction of regional and social inaqualities and poverty eradication

Animais não humanos: a construção da titularidade jurídica como novos sujeitos de direito

This work has the main goal on the recognition of the inherent value of nonhuman animals, under the constitutional framework. It is presented the main philosophical formulations of the current pattern of behavior that rules the relationship between man and animals: first those that have excluded animals from moral consideration and then the thinkers which do have included, in some way, in order to elucidate the origin of the anthropocentric thought over the natural world. In this way, the analysis these thinkers that have included animals in moral consideration will contribute to a paradigm change from the anthropocentric view, initiating legal debates. It will be made a simplified analysis of different philosophical and legal points of view that have been demonstrating the posture in which the human beings have been dealing with the environment, with the replacement of the anthropocentric thinking for the biocentric view, in which life becomes the center of existence. Life is life, no matter whether it is human or not, has a value in itself, and must be protected and respected by the legal system. Then, it will be analized the constitutionalization of the nonhuman animal dignity in comparative law; the infraconstitutional legislation which concerning the intrinsic value of all life forms and, finally, the 1988 Constitution. It will be advocated for non-human animals the condition of subjects, presenting some cases that the Habeas Corpus was used in animal defense. In this new Brazilian Habeas Corpus theory of for apes the argument of genetic proximity was used in order to overcome the literal meaning of natural person to achieve hominids in order to assure the fundamental right of physical freedom. It is realized that the fact that the great apes being recognized as a person does not preclude the possibility of other living beings be recognized as subjects of law. In this way, animals can be considered non-human subjects of law, according to the theory of depersonalized entities and may enjoy a legal category that allows a respect for existential minimum, and can hold constitutional fundamental rights

As sanções políticas, mecanismo de intervenção do estado na ordem econômica e tributária

This work pursues to analyze the sanctions of restrictive nature, which are characterized by impeding the business of the contributor in debt. Such sanctions known as political sanctions, are truly understood as an indirect way of tax enforcement, liable to cause problems to the private entity in curtailing, the initiative freedom, opposing the Article 5°, item XIII and Article 170, single paragraph of CF/88. As the State gets the several means to assure the economic order effective performance, it is up to the State to restrain the economic power abuse that objects to the marketing domination, to the ending of competition, and arbitrary increasing of profits (CF Article 173, § 4ª.) Therefore, it depends on the state, besides maintaining the economic order, to ensure a fair distribution of tax burden and act under the command of the Democratic State of Law principles. In order to make the tax collection effective, specific in some cases, the administrative fiscal agent uses coercive, excessive, and institutional, in imposing sanctions which causes constraint, maculating the contributor s essential rights, that matters of the necessity to force the tax credit ending. The principle of the free initiative and free competition, which are intended to be analyzed in this study, comes from a constitutional context and it will be reviewed in its systematic relations and with another rules, in order to evidence, at the end, the occurrence of an intervention towards the economic order when the State makes do of political sanctions as a tool for the tax credit effectiveness, infringing the Tax and Constitutional principles

Guerra contra as drogas: uma análise sob a perspectiva do princípio da proporcionalidade

As substâncias entorpecentes acompanham a humanidade desde o início da civilização. No entanto, várias delas foram consideradas proscritas ao longo do tempo. Seu combate foi inaugurado na comunidade internacional a partir do começo do século XX. No início, tinha o condão eminentemente moral, porquanto a proibição encerrava, por princípio, a proteção da ética ameaçada pelo padrão desviado do consumo de estupefacientes. Na década de 1970, a guerra contra as drogas, expressão cunhada nesse período, evoluiu para se tornar o meio pelo qual o consumo seria mitigado. Dez anos mais tarde, ante à impossibilidade de sucumbir o narcotráfico, passou a ser um fim em si mesma o novo argumento para os esforços militares dos Estados Unidos da América. A criminalização das substâncias entorpecentes consideradas ilícitas é fundamento jurídico da guerra contra as drogas. Esse modelo proibicionista encontra argumento no direito penal do inimigo, segundo o qual o Estado pode, em situações que exponham a coletividade a grave perigo, negar à determinada categoria de criminosos (os inimigos) as garantias inerentes ao direito penal, cabendo-lhes apenas a coação estatal. Mesmo tendo consumido trilhões de dólares, encarcerado aos milhões e custado a vida de milhares de pessoas, pode-se dizer que a guerra contra as drogas não reduziu a oferta e o consumo de substâncias entorpecentes consideradas ilícitas, nem mitigou os danos delas decorrentes pelo contrário, tornou-se um problema de segurança pública. Assim, impõe-se a verificação da constitucionalidade da norma penal que fundamenta a guerra contra as drogas, sob ponderação do princípio da proporcionalidade. Referido postulado cobra que a norma seja adequada, cumprindo a finalidade pretendida, necessária, não havendo meio menos gravoso à obtenção do mesmo fim, e proporcional, estrito senso, que a sanção imposta ao indivíduo seja equivalente ao dano que se quis prevenir. Em matéria penal há de se incluir um outro elemento, a ponderar se as consequências da proibição em matéria penal, por si só, são mais graves que os consectários dos fatos que se pretendem proibir - exige-se que a lei seja socialmente menos ofensiva. A norma penal que fundamenta a guerra contra as drogas não se mostrou hábil a mitigar os danos sociais delas decorrentes sendo, por isso, inadequada. Existem meios alternativos à criminalização mais eficientes à esse objetivo, pelo que se faz desnecessária. Na medida em que estupefacientes mais nocivos à coletividade são considerados lícitos, a criminalização de drogas menos danosas se mostra desproporcional. E, uma vez que dela resultam graves danos à sociedade, não atende ao critério da menor ofensividade social. É, portanto, inconstitucional

A cor ausente: um estudo sobre a presença do negro na formação de professores - Pará, 1970 1989

The subject of study of this work is the teacher spawning of the Instituto de Educação do Pará in the decades of 1970 and 1980. It aims the enablement offered by the institute concerning the racial issue. The thesis highlights the inferior condition to which the black student is relegated and the discrimination it suffers. Our argument is to affirm the omission of the curriculum and the reference resources as far as the racial issue is concerned. Before the singularity of the Brazilian case a country with a slavish background, with serious social unbalance problems, many of them resulting from the racial segregation implemented by that slavish system , this work claims that the preparation of the teachers for dealing with this issue is crucial, since the absence of this preparation leads to the reproduction of the prejudice inside the classroom. This thesis is based on the theory of Pierre Bourdieu on the notion of habitus and symbolic power

Fazer a ponte para a escola de todos(as)

The purpose of this study is to understand what are the matrix elements in which everyday activities of social author/authors, actor/actors and actress/actresses are embedded, in order to carry out the Escola da Ponte s political and pedagogic process (PPP). Thus, the object of this study is to reflect on an experience developed in a public school supported by the Portuguese State within the scenario of institutions that are committed to building up a school of the people by investing in democratization and community participation in their management process. The methodological course of action was targeted at the presuppositions of qualitative research (WOODS, 1999; BURGESS, 1997; MILLS, 1982; OLIVEIRA, 1998; BOGDAN and BIKLEN, 1994; MACEDO, 2000; CASAL, 1996; GEERTZ, 2000), with data collected from random word association (MACHADO and CARVALHO, 2003), the discourse of the interviewed (KAUFMANN, 1996; SILVA, 2006; 2002), observation notes and documents (ELIAS, 1997). Based on a multiple reference and theoretical framework, the investigation revealed elements that are construed as the raw material and pillars supporting the bridge of a school of the people, as well as the self-organization of the school community which emerges as a dimension that binds together all the elements and brings new arrangements into the school dynamics by moving from the individual to the society (DUPUY, 1990). Along this line, the central argument is that in the short and long run the public school quality does not spring from macro educational policies, nor from ephemeral mass-production programs, projects or governmental policies, but from the intent of the professionals working there in becoming authors and characters in the process of building up and carrying out the PPP. The Project has been conceived in the light of the needs and intentionality of the community whose support comes from the participation and social control held by the students families and the community s power to force to action public administration central agencies aiming at having the State fulfill its responsibilities