Ativismo judicial e materialização das políticas públicas infanto-juvenis na constituição da república: Fixação de planos ideais de atuação para os atores do Sistema de Garantia de Direitos (SGD)

The research arose from the necessity of showing ways to be followed by the actors of the System Guaranteeing Rights of the Child and Adolescent (SGD), regarding the implementation of rights for young people, because the legislation in force in Brazil is currently considered a model around the world and, paradoxically, the fundamental rights of children and adolescents are not met, even with the constitutionally guaranteed priority. Thus, the study investigates the fundamentality rights for young people, enshrined in the Constitution of the Republic, as well as the ways of effectiveness of these rights through the actions of actors of the System Guaranteeing Rights, especially the judiciary. Focusing realized, studying theories of fundamental rights, especially Structuring a Theory of Law (Strukturiende Rechtslehre), Friedrich Müller, who emphasizes the need for analysis of social reality in the application of the rule of law. Study also the public budget and public policies concerning children and adolescents, with emphasis on preparation of budget laws and the process of discussion, deliberation, choice and implementation of public policies for children and teenagers. It then presents the typical functions of the members of System Guaranteeing Rights, as well as prepare a plan for optimum performance for each of the actors, with emphasis on analysis of the implementation of public policies at the municipal level. Finally, it analyzes the theory of separation of three powers, and discusses the positive and negative factors for judicial intervention, concluding that the Courts can consider the action activist, from finding the omission of the Executive and legislative branches, as regards the implementation of the rights of children and adolescents, as well as the rights of children and young people are not realized in most cases, due to the omission of actors of the System Guaranteeing Rights

Acesso à justiça enquanto direito fundamental: efetivação pela defensoria pública

The Federal Constitution of 1988 is recognized for its enlargement in the face of large amount of provisions that make it up, among which many are fundamental rights. The fundamental rules set up the foundation of a democratic state, however, are the necessary legal mechanisms to be effective, its exercise is not enough merely to state them, but to offer ways for them to stop being just written standard on paper, and come to be viewed and exercised day-to-day. In this sense, access to justice presents itself in our times, as a cornerstone for a just society dictates. In this light, access to justice can be seen as the most fundamental of rights, which translates as instruments able to safeguard the fundamental rights not only against the action/omission violating the state but also the very particular. Furthermore, access to justice within the legal country, is not right for everyone, despite the willingness of the Citizen Charter in its article 5, paragraph LXXIV, ensuring that the State shall provide full and free legal assistance to those in need. More than half of the population lives in poverty and can´t afford to pay legal fees or court costs as well as a bump in their own ignorance of their rights. The judiciary, in their primary function, is in charge of trying to correct the violation of the rights, intending to effect a true distributive justice, serving as a paradigm for the promotion of substantive equality of human beings, however, is difficult and tortuous access Justice for those without financial resources. In this vein, we present the Public Defender, as keeper of the masses in its institutional role, defending a disadvantage, in the words, as a mechanism for effective access to justice, ensuring therefore fundamental rights. Public Defenders arise at the time or much discussion highlights the priority of actual access to justice, custody, therefore, intimate bond with the pursuit of fundamental rights, in which, that advance the broad range of rights, without whom could defend them or guardianship them

A questão do petróleo em terras indígenas: uma análise constitucional à luz do desenvolvimento sustentável

Recognizing the need to preserve a national ethnic minority, the Constitution, inspired by the pluralistic values of the Constitutional Law State, stipulated a series of rights and guarantees for the conservation of indigenous cultural singularity, disciplining in article 231 the Indians right to maintain their social organization, customs, languages, beliefs and traditions, as well as safeguarding the rights to the lands they traditionally occupy, and the exclusive use of the wealth existing in them, premise of ensuring their physical and cultural continuity, breaking decisively with the paradigm the assimilation of the Indian national civilization. However, despite the Indian policy of ethnic and cultural preservation, the Constitution allowed the exploitation of minerals in aboriginal territory, incorporated herein hydrocarbons, provided they meet certain predetermined requirements, leaving it to the legislature the discipline of ordinary matter. However, this law has not yet been published, with some projects in the National Congress, leaving thus precluding the indigenous subsurface oil exploration until the enactment of enabling legislation. Meanwhile, this paper carries out an integrated analysis of the constitutional protection of ethnic and cultural uniqueness of indigenous peoples, Convention Nº 169 of the International Labour Organization and the bill presented by Deputy Eduardo Valverde, in an attempt to consolidate sustainable development practices in the sector, through developing a system of social and environmental responsible oil exploration, aligning with national energy needs to maintain a balanced environment and preservation of socio-cultural organization of a minority so weakened and beaten over five centuries of domination

Biomassa e desenvolvimento sustentável e sócio regional no Brasil: uma análise à luz da Constituição Federal de 1988

It is verified worldwide an increasing concern with the protection of natural resources in the planet, a fact that became relevant in Brazil since the promulgation of the Constitution of 1988, based on the viewpoint of sustainable development, which seeks to promote economic activities in the country according to the need for conservation and preservation of natural resources for the use of present and future generations. In addition, we seek to reduce the differences that occur in our society by determining as a fundamental objective to be persecuted by the Federative Republic of Brazil the reduction of social and regional inequalities. A value that should also be observed in the context of economic activities developed here, since it is a general principle of financial and economic order of the country. Therefore, considering the exhaustion of world s reserves of fossil fuels, as well as the impacts on the environment, especially for the large emission of greenhouse effect gases, the debate about the need to change the global energy matrix increases while alternative energy sources appears as a bet to fulfill the contemporary aspirations for sustainability, and Brazil emerges in a very favorable position, because it has the essential natural conditions to allow this sector s full development. In this perspective, the work has the scope to analyze how the production of alternative energy sources may act in the search for concretization of constitutional values, to promote sustainable development for present and future generations, and to reduce regional and social inequalities in an attempt to improve the quality of life of the population. It will also be observed the current regulatory framework of alternative energy sources in the national laws to verify the existence of legal and institutional security, which is necessary to guarantee the full development of the sector in the country. And to investigate the expected results, it will be observed through the concrete evaluation of specific practices adopted in the industry, analyzing their actual compliance with the constitutional provisions under analysis, based on the examination of the possibility of using renewable biomass sources for biofuel production, promoting development to the country, indicating the opening lines about how this important sector can act to solve the energy challenge today

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

A alteração do tipo penal de adulteração de combustíveis: reflexo da constitucionalização do direito penal no mercado de combustíveis

The neoconstitutionalism led to a process of ethical revaluation of the normative systems and the process of constitutionalization of the many fields of law. This study examines the consequences of this process in criminal law, so important a Law field for the protection of the most valuable assets by the society, including the fundamental guarantees, thus emphasizing the necessity of protection of the collective and individual rights, which are guided by the observance of the defendants individual rights in the course of criminal proceedings and the search for the best efficiency of penal protection, according to the corollaries of defense against the state (prohibition of the excess or Übermassverbot) and the provision of rights by the state (prohibition of insufficient protection or Untermassverbot). The offense of fuel adulteration is taken as an object of study, since it is a vital market to a nation dependent of people and good s movement for their living, driven by fossil and biofuels. Such a crime affects essential legal interests to the development of society, interests such as the environment, consumer relations and economic order, particularly the principle of free competition. This paper seeks to analyze the need of a greater efficiency of this particular criminal protection, once concluded the conduct harm and social fear as a consequence by it as growing, and therefore having its former crime type, engraved in Article 1 of Law No. 8.176/1991, rewritten in compliance with the criminal law s principle of legality. Thus, the reformation proposals and legislative creation involving this crime were observed, with emphasis on the bill No. 2498/2003, which keeps it as blank heterogeneous criminal norm, kind of penal normative whose constitutionality is raised, including the forethought of criminal responsibility in the perpetrating of the offense as culpable and subsequently increasing the applicable minimum penalty, as well as the inclusion of new activities in the typical nucleus

Influência da matéria orgânica dissolvida alóctone e autóctone sobre o balanço de carbono em sistemas aquáticos: um experimento em mesocosmos

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

O impacto do pagamento da participação sobre a produção de petróleo e gás natural sobre a renda familiar e a propriedade no Município de Governador Dix-Sept Rosado no período de 1998 a 2004

This scientific study deals about the oil and natural gas production participation payment impact in the county of Governador Dix-sept Rosado, Rio Grande do Norte, between 1998 to 2004, applied to family income and property. To do so, this analysis focus on the ricardian´s theory exposition which merges from the concept of the mineral income, in concern to the legal establishment of royalties. This paper also shows the world evolution oil exploration, inserting Brazil in this scene as a oil and natural gas producter. It identifies the productive site of oil and natural gas in Rio Grande do Norte as the Potiguar Oil Area, characterizing its components in the demographic, physical and social aspects, to reflect in the focus point of observation which is the Governador Dix-sept Rosado county. The participation payment on oil and natural gas is demonstrated in a qualitative analysis both in Brazil as in Rio Grande do Norte. The payments given to the land owners in this federative unity are shown in the period of analysis of this essay. The study tells, based in a field research, the benefaction impact of the payment to the land owners over the income and property. The family income were highly impacted, causing economic social classes change to some land owners. The property had less or none impact. It was found negative externalities as the income utilization to other county uses, not causing a multiplier effect in the studied county. The fact of the not utilization of the properties on productive investments in order to supply the finite characteristic of oil and this source of royalties, contradicts one of the reasons of its establishment which is the payment for its productive exhaustion of a land resource

Currículo e arquitetura escolar: concepções de professoras e equipe gestora do Colégio Nossa Senhora das Neves-Natal-RN

The present study aims to investigate the conceptions of teachers and management team of the Colégio Nossa Senhora das Neves - Natal / RN about curriculum, school architecture and possible relationships established between these components. To develop the study, we rely on the theoretical contributions of Viñao Frago (2001), Escolano (2001); Benconstta (2005), among others, about the architecture school, and with regard to curriculum, ancoramo us in theoretical reflections Silva (2000, 2006, 2008). We assume that the school place is a social construct and as such, reflects the interests of certain groups, to organize, establish ways to condition their unctions and uses. In this space, people's lives is planned, both those who work there, as those who study there. Thus, the architecture school promotes, through representations, signs, symbols and shapes, certain charges that impact the ways of being and acting subjects by establishing appropriation and expropriation of rights and legitimate forms of inclusion and exclusion. Thus, it is an expression of power. A power that is expressed in the form of lead the way people should behave in a certain space. Clarity on these aspects of the architecture school is important, since in the same way that the opinion of several experts is important to discuss the adequacy of school architecture (environmentalists, architects, engineers, planners), the / the teacher / and the / as managers / must also meet the educational nature of the architecture school, so as to present its share of contribution in order to make the post-school conducive to learning multiple. From this perspective, we analyze the concepts of four teachers and eight individuals who are part of the management team of the CNSN, whose views were seized through participant observation, semi-structured interviews and documentary analysis. The construction of the data indicated levels of conceptual curriculum varied, ranging from those rooted in traditional theories of curriculum as those regarding the curriculum tied to discursive and contextual aspects. The conceptions of architecture school, predominantly focused on the aspects of the architecture school materials and most established subject, differently, relations between curriculum and school architecture

O PROEJA ensino médio no ifrn, campus Caicó: causas da desistência e motivos da permanência

This dissertation deals about the theme of National Integration Program of the Professional Education to the Basic Education in the form of Youth and Adults Education - PROEJA, which was developed at the Federal Institute of Education Science and Technology of Rio Grande do Norte - IFRN - Campus Caicó. It aims to analyze the causes of the abandonment and the reasons for the permanence of students within the mentioned program. To substantiate this research, we used methodologically, some procedures such as bibliographical research, documentary analysis, semi-structured interviews and focus group. To analyze the data, we discussed the contradiction that involves duality and educational compensation based in the struggles and achievements of rights at the core of public policies for high schools, for vocational education and the education of youth and adults in the 2000s. We analyze the integrated high school under PROEJA, having as reference the conception of the total human formation; the inseparability of the primary education system and vocational education and the integration of knowledge and expertise as a whole, discussing the specificities of the modality EJA, discussing the causes of abandonment and the reasons for the permanence of the students of education for youth and adults (EJA) in the primary education system. As for the results, we found that although the PROEJA be a program that aims to provide a complete human formation to contribute to the full citizenship of their graduate members, what is announced in the document that guides its creation has not been materialized in Caicó Campus. The curriculum of the course was not designed for the students of EJA, nor teachers have had an adequate training to work with these specific individuals, and its specificities of being workers with differentiated learning times have not been considered. In addition, the courses are predominantly of instrumentalist characteristics. This indicates that the material and institutional conditions to achieve the promised total and complete training have not being fully materialized at the researched school. Associated with the difficulties concerning the intra-school and extra-school conditions, personal and socioeconomic conditions which are related to the obligation to work that implies in limitations to balance work, school and family, they influenced in the interruption of the school trajectory of these subjects. Through research, we confirmed that the motives of students who remain have to do also with intraescolares conditions the quality of education (qualification of technical staff and teachers) involved in the educational process, as well as socioeconomic and personal issues represented by the support of colleagues and family.Then it is concluded that the causes of abandonment and the reasons of the permanence are of institutional, socioeconomic and personal origins. Finally, it is observed that capitalist society demands as much as possible high levels of educated workers, and at the same time makes difficult the access to that education for much of the population, and it is not randomly. The objects of that exclusion are the popular worker classes and their children

Aumento da jornada de trabalho :qual a repercussão na vida dos trabalhadores da enfermagem?

The worker of the public service is loosing your acquisitive power by means of the politics of fiscal settlement. The ways out that were found in the health sector, especially in nursing, is being the increasing workday for beyond 40 or 20 hours established in the link of the work with the state. This survey has the object to identify the possible repercussion of the increasing workday in daily life workers from nursing in the public service of Rio Grande do Norte. The theory reference used was the work of Marx (1982) and Antunes (2000,2001) and the daily living in Heller (1991,1992). The methodology used was a qualitative survey in the exploration kind. The informations were gathered through interviews with open questions almost structured with workers of nursing, managers and representatives of entity. The analysis of informations were made through general categories, work, and daily life, using elements from dialetics-hermeneutics according to Minayo (1992,2002). In the analysis, it was identified that the ways that were found for the overcoming of the loss of acquisitive power were the many-employment; the extra scale of shift; the subletting of work posts and the substitution of friends in scales of work, and all of them being changed in increase. Other aspect realized was the move of rights, like vacation and medical license for the workers that act in extra scale. The tiredness, stress, and bad humor are influents factors in the development of work.. The reduction of free time makes in the workers ahguish because of the familiarity decreasement just as time to dedicate themselves to the technical-scientific improvement and for the cultivation of other aspects of subjectivity, as leisure, care and culture. The low salary and the non reajustment are the reasons for the adoption of part workers for the increasing workday, and government has been responsible for this situation. The conclusion was that the increasing workday has strong repercussions in the professional and personal daily life workers that made part of the survey

Passivo ambiental e o setor de exploração de petróleo em terra: abordagem teórica e percepção institucional dos impactos ambientais gerados na atividade

The search for a sustainable development is result of the exhaustion of the natural resources of the planet that demands globalizated politics with practical of compatible economic development with the protection of the quality of life for the future generations. This work presents a study on the thematic on the environmental liabilities in the organizations with focus in the industry of the oil and the production of oil in land in the state of Rio Grande do Norte. Some types of environmental liabilities are presented, as well as, some estimates techniques. Moreover, this work presents surveys of some variable that stimulate the organizations to implant technologies of reduction of the impacts in the environment as: the environmental legislation, costs, the main impacts of the production of oil in land. On the basis of the bibliographical research and in the identified variable, it was carried a case study with state and municipal technician that act in the sectors of fiscalization (IBAMA-RN and IDEMA-RN) with the objective to deepen the discussion regarding the impacts of the industry of the oil, the effectiveness of the current law, the performance of the institutions the federal level and how to prevent impacts in the environment. It was observed that the environmental liabilities are a little spread subject in the organizations, perhaps to be unknown and of few theoretical referencees at the national level, regarding to the evaluation techniques. At the same time, absentee in the national politics that conducts the oil exploration

A perspectiva do lazer entre lideranças sindicais das áreas metropolitanas de São Paulo e de Lisboa

We intended, in this study, to understand the sense of the leisure, due to the new work relationships in times of globalization, for syndical leaders that act in entities of metropolitan areas of São Paulo (Brazil) and Lisbon (Portugal). The methodology used was Phenomenology, Situated Phenomenon. Based on the data originated in the interviews, we established the following thematic categories: A) The request for the reduction of the work day, B) Actions related to the use of the leisure, C) Leisure as recovery for the work. We consider that in the globalization times, after diverse conquests of the workers, unhappily, we have attended in the last few decades, increasing precariousness of rights of the workers in the two searched countries, generating unreliability of the worker ahead of the experience of its work and of its leisure in independent way, it exempts, creative, significant and humanized.

Compreendendo a experiência de pessoas portadoras de transtorno mental: histórias de vidas severinas repletas de possibilidades

This study aims to understand the experience of people suffering from mental disorder. The patients are enrolled in a mental health ambulatory clinic in the city of Natal (RN). Mental disorders are growing rapidly in the contemporary world and are a source of intense mental suffering. Besides patients being strongly marked by a history of isolation and prejudice, they have been the target of real atrocities committed in the name of preservation of a supposed normality. The understanding and treatment of this disorder is influenced by cultural and historical inferences, depending on the period in which it is experienced. Semi-directed Interviews were conducted with a group of users, with the emphasis on giving voice to their uniqueness and individuality, highlighting how each one perceives his or her own experience. These were recorded and later transcribed by identifying the core of meanings. The results were analyzed under the gaze of the Humanist Phenomenology Existential perspective, which aims to unravel the phenomenon, without truths from volatility, highlighting the existence of the mental disorder as a way of living, being permeated by suffering mental and influenced by social problems, assuming contours very particular to each individual. Some progress has been perceived, even by users, with respect to the change of paradigm in the way of care, but still there is a consistent emphasis on medical and drug use. The changes point to the need for offering services to replace the asylum hospital model, and in addition to accept the bearer of mental disorder as a citizen, a bearer of rights who should be accepted and respected by society. Despite the pain expressed and its close liaison with suicide, their reports are full of perspectives and attitudes of confrontation facing life, pointing to new possibilities to be, recreating itself

A constituição da identidade em crianças vítimas de abuso sexual

Subject s identity is constituted in the relation with the other, which is characterized by dialeticity, and is configured as an identification and/or recognize movement, and strangeness and/or distance. In social interactions, people with whom subject relates himself assign meanings to him and, from these, the subject will ressignify, producing sense about himself. In other words, is through these interactions that subjects organizes themselves, recognize what is yours, and acquire the sense about themselves. It can be highlighted, too, the social-historic context s importance in the self-constitution process, whereas, from this, the subject produces particular forms of perception about reality charged with cultural meaning. Thus, the self-conception, the manners of thinking, of being, of relates, of take position against experiences, coming from values internalization, roles and related, are permeated by the manner witch the others relates themselves with the subject. However, when the relation with the other happens to be in a violent way, like in children sexual abuse, there are implications in the subjects constitution, whereas violates his physical and psychological integrities, as well as the rights of dignity, respect and even healthy physical, psychological and sexual developments. Therefore, this work aims to investigate how the identity process is constituted in children victims of sexual abuse. As specific aims the research proposes: 1) to characterize the relations between child and abuser, before and after the abuse act; 2) to identify images that the subjects, abuse victims, have about themselves and; 3) to identify the features of subject s relation with their own body. Toward this aims, procedures involving drawings, painting, collage, photography, activities with cardboard, colored pens, glue and tissue snips. The research took place at the Social Assistance Specialized Reference Center, where there is the treatment of children who suffered of rights violation, which includes sexual abuse. The research subjects were 3 girl children, between 6 and 10 years old, victims of sexual abuse. The corpus analyses was done through Thematic Content Analysis, structured in three meaning nucleus: 1) self-reference without the explicit attendance of other s discourse; 2) self-reference with the explicit attendance of other s discourse; 3) The other abuser. The analysis indicates that children, research subjects, have deteriorated images about themselves, about their bodies, which is consistent with the studies in the children and adolescents sexual violence field. In the other hand, were identified, too, self-references with positive values in the cases with mention about their way-of-being, which can be read as important to subject s development. About the other s discourse towards the subjects, were identified positive observations and found that these can contribute to subject s self-image reorganization. The contribution of negative comments, on the other hand, was showed in a more clear and incisive form in subject s constitution. There is, yet, an overvaluation of the other s discourse, so the meanings attributed toward them by the other are internalized, overshadowing the self-appreciation. To conclude, it can be highlighted that the need of psychological accompaniment of the children victims of sexual abuse, based on the possibility of this trauma experience elaboration, trying to overcome, as well as can be expected that this research s results contributes to the practices of professionals who work with subjects who have their rights violated