A ideologia da encenação: uma análise dos aspectos cênico/ideológicos da encenação produzida pela indústria cultural

The research that led to this dissertation adopted a set of scenic/ideological aspects inherent to the productions of the Culture Industry as its object of research. The intellectual output of Theodor W. Adorno and Max Horkheimer underscored the approaches on this subject, since it provides the same set of scenic/ideological features to be explored because, according to the authors, scenes produced by the culture industry are linked to the dominant ideology, since they act in favor of maintaining the status quo. The first objective was the definition this set of features inherent to the scene produced by the culture industry, through the exploration of literature produced by Adorno and Horkheimer, so it was possible to define a set composed of nine elements: Construction of characters as characteristic types; Stereotypes; Naturalization of Stereotyped language; Simplistic playwriting; Reuse dramatic formula; Love and sexuality as themes of plots; Utilization of tragic element; Objetive representation; Approximation of fiction and reality. The second goal was the analysis of scene produced by the culture industry nowadays, so that it was possible to verify if any scenic/ideological aspects indicated by Adorno and Horkheimer in the mid-twentieth century were present among the productions from this beginning of the twenty-first century. Through the analysis of three soap operas produced in Brazil in 2012, it was found that the nine scenic/ideological aspects as indicated by Adorno and Horkheimer appeared in the observed productions. Additionally, a new scenic/ideological feature, not indicated by Adorno and Horkheimer is present: the merchandising

Sobre a constituição do sujeito: uma análise comparativa entre a psicologia sócio-sociologia do conhecimento de berger e luckmann

This study investigated how the process of the constitution of the subject is interpreted in the formulations of the founders of socio-historical psychology (Lev S. Vigotski, Alexei N. Leontiev and Alexander R. Luria) and in the sociology of knowledge of Peter Berger and Thomas Luckmann. These two theoretical perspectives, despite having different philosophical formulations as ontological and epistemological intentions (socio-historical psychology, historical dialectical materialism; the sociology of Berger and Luckmann and phenomenology) arrive, however, at the same basic conclusion about the social nature of the subject. The objective of the study, therefore, was that of identifying the differences and convergences between the two perspectives and then, try to determine the possibility of a theoretical synthesis between them in relation to the constitution of the subject. At the same time, we intended to analyse the implications of this possible synthesis in order to comprehend the manner in which the ideology functions in human societies as thought by Louis Althusser and Alípio de Sousa Filho. We arrived at the conclusion that, despite being incompatible from the ontological and epistemological points of view, a synthesis is possible between socio-historical psychology and the sociology of knowledge of Berger and Luckmann in relation to the conception of society and the comprehension of the process of the constitution of the subject. Starting from the philosophical intentions of socio-historical psychology, it is possible to incorporate, enriching points such as: Berger s and Luckmann sconception of society and the interpretation of the process of constitution of the subject. This possible synthesis, when interpreted in light of the reflections of Althusser and Sousa Filho on the phenomenon of ideology in human societies, is constituted in a real unveiling of the concrete provisos by which the ideology acts in human societies in order to transform biological examples of the human species in specific social subjects

Da proteção à precarização um estudo do fenômeno jurídico trabalhista no contexto das transformações do capitalismo

This research aims to investigate the effectiveness of the legal labor phenomenon in contemporary capitalism as rectifier element of the contradictions between capital and labor. From the analysis of legislative developments - state and business - and court decisions related to the category of freight transport is expected to determine the protectionist stiffness proclaimed by the institutional structure of labor in Brazil, considered by the hegemonic discourse as political-economic factor that prevents growth. It is intended to unravel the relationships between political and civil society, studying the internal contradictions and ideological influence among these spaces, with theoretical support in Marx and Gramsci. The function of this research is to test the premise that the protectionist discourse is a rational action of capitalism and the organic intellectuals of political society in order to achieve hegemony and hide the real contradictions between capital and labor, in addition to also assist in the discussion on deregulation and easing in Brazil. The analysis points to the confirmation of our premise, since the evolution of the legal phenomenon in the transport sector was charging toward the neoliberal project

Folha de São Paulo: o diário oficial do grande irmão

This project wants to analyze the newspaper like a collective organic intellectual thing, and its action like a conservator integral journalism, it makes it looks like a politics block. In this case, the newspaper inserts itself in a process to support the dominated fundamental class. In the same time, it searches to disqualify politically, using the news and the opinion, the sprouting of against-hegemony even untimely and distant in the historical time. Facing this proposal we take as study object the FOLHA DE S. PAULO, nowadays the most representative agency of the great conservative press. Our theoretical reference takes as base the Gramsci organic intellectual formularizations, hegemony, position´s war, integral journalism and private device of hegemony. We allow ourselves, in a subsidiary way to the Gramsci basement, using the novel 1984 written by George Orwell, as a method to explicit, in a comparative way, the manipulation of the reality by the newspaper in its activity of collective organic intellectual. The ideology is the heuristic connection point to make convergence between reality and fiction. For the intended evidences we develop analysis of the daily covering about two great accidents occurred in 2007: The landslide of part of the workmanships of the tunnel of the Companhia do Metropolitano de São Paulo-Metrô (line yellow 4). And the flying disaster involving the airbus of Transportes Aéreos Meridionais-TAM, flight 3054, also in that state. In the first accident we find endorsement of the newspaper to the São Paulo´s government, in the person of the politician actor José Serra (PSDB), representative of the conservative forces and responsible for the workmanships of the Subway, to who it tried to distance politically of the fact. In the second event, the opposition to the politician actor Luis Inácio Luis Lula da Silva and his politics block, the PT, as a possibility against-hegemonic contested, being the mentioned actor appointed as responsible for the occurrence. However, the newspaper says that it is independent and direct, and this direct action comes from the environment. In this environment, the diversity of conceptions of world would guide the publishing work, making the FOLHA DE S. PAULO to take it as a reference for the intended objective, hiding the politics block militancy

Os dias são maus : o ensino religioso cristão em dias pós-modernos o desafio de fazer crer perante a cultura da incredulidade

This paper adopts the assumption that religion continues to be a major highlight in the dimension of the contemporary world - characterized by pluralism, the ideas of tolerance and freedom. But for certain streams of Christianity, the postmodern culture seems to be characterized as a highly damaging to their doctrines and principles, since this religious matrix carries a truth claim that would support all its significance, its definition values and their dissemination effort ( evangelism ). This is not to say that Christianity is the only religion that claims to the truth, which would be a gross mistake. Now, religion has been reputed as a phenomenon doomed to disappear, according to the " ideology " of Modernity, given the idea that scientific development would lead us inevitably to the statement that religion was merely a social institution based in the superstition, in fantasy, the imaginary and therefore had nothing "real " unless its existence as an institution capable of aggregating society (give it cohesion), provide values and meaning to different ontological anxieties and doubts of humankind. In the contemporary scenario - seeded by modernity - as Christian ideas, doctrines and principles are in harmony or conflict with postmodernity? These are our starting questions and issues that we intend to stop and reflect. From the assumption that the religious phenomenon has great force in the present day, this research aims to perform central analysis of how religious education, a Protestant denomination specific, harmonizes or clashes with the ideology or ideas more general and emphatic that we can observe in the western world is presented to us from the diagnoses made by the contemporary authors who debate about postmodernism and postmodernity, notably David Harvey, Jean - François Lyotard, Bauman Zygmunt and Fredric Jameson

Escola e gênero : representações de gênero na escola

The study Escola e Gênero: representações de gênero na escola show us the social man made, starting of an analysis in the having fun time in the children´s life and how it´s an important aspect of the building childish universe simbolic. My analysis started in a children´s daily at school and how they noticed the play value od dominant society. Our propouse is think about the linking between ideology, representations and gender like the children´s knowledge in the school activities. The toy, an instrument which is noticed and exist in the funny activities, is full of cultural concepts of male and female parts. Your color, lines, functions and the way you manipulate is driven of gender cathegories. In the scool, the ideological concepts have it´s important way which is to domesticate the feelings, the desires; categorize and normalize them without be known by the educational employers. In the children´s education, the funny time is noticed by others ways and turned as important as others subjects. By the way it´s not noticed by the school, like another thing which isn´t a funny moment. And it´s exactly here in the school funny time, the school did your cultural power of separete the gender and your extencions, feed by the society, generaly, in favor of the man whose woman is your subordinate. This ways of analysis help the society and the school universe about the funny time e how they are important in the Man made life. And how the toys bring the concepts and addicted thinking, ideological which put the power in the stages, without equal, addicted feelings around the gender concepts. I read and used the theories of Kishimoto, Berger & luckmann, Brougère, Sousa Filho, Bourdieu, Badinter, Geertz, Grossi, Louro, Foucault, among others

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

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

O princípio constitucional da livre concorrência como instrumento de desenvolvimento socioeconômico

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

Acordos internacionais sobre a produção compartilhada de recursos naturais: a unitização interestatal na área do petróleo e gás sob o enfoque constitucional brasileiro

The apportionment of natural resources between sovereign States is a subject that relates many aspects of International law, as long as Constitutional Law, at the execution and application phases of international treaties that regulates the exploration of common goods. In this sense, because of their natural characteristics that creates an environment of constant migration and fixation in transboundary regions, terrestrial or maritime, the petroleum and the natural gas bound a complex juridical apparatus that can control the sovereign rights involved. This research is aim at accomplishing a study concerning the international agreements that enable the non-unilateral action, specifically the unitization treaties between sovereign States, as a manner to resolve situations related to the individualization of oil and/or gas reservoirs that go across their national borders. These agreements will be analyzed considering the international public law sources theory, bearing in mind yet the already existed experiences in this sense, not disregarding the way that this fact could affect Brazil. It will begin with an historical incursion over the unitization institute, covering its main characteristics and its formation and execution procedures, and finally it will address the Brazilian legal system and the comparative law threats the institute. The clauses of these relevant agreements will be analyzed in details, concerning its particularities and its contents. Because these agreements are international obligatory rules of law, it is indispensable that they are considered under the auspices of the international law system, focusing their nature and the subjects of international law and establishing them as sources of the international law, analyzing them, then, as international rules and the applicable law to these juridical relations, the conventional established, the consolidated international custom and the applicable International Law principles, appearing the State s responsibility as an important subject for the verification of the acts lawful practiced by States. The analysis of the apportionment of these natural resources ends with the individualization of possible exploitable marine oil fields located between the exclusive economic zone and the continental platform ends and the region administrated by the International Seabed Authority. At last, the Brazilian constitutional system appears as the mechanism of integration, application and execution of the international unitization agreements in Brazil, detaching the format and the proceedings that the international treaties take to acquire validity at the national legal system, passing through the treaties interpretation and the applicable constitutional principles, coming to its application in Brazil, considering the existing constitutional peculiarities and the role played by the National Agency of Petroleum, Natural Gas and bio-fuel ANP

A ação civil pública como meio de concretização do direito à saúde na Constituição de 1988

The work presented here is about aspects of the constitutional extension in which is the public civil action with the objective of verifying its aptitute in tutelaging subjective situations derived from fundamental rights, especially right to health assistance. Thus, it offers a clear analysis of the practical functioning of most aspects of the public civil action (lawsuit), with philosophical foundation and necessary doctrinaire to your comphehension. How it once was (history), how it could be (reform suggestion), how it is (current interpretation of the law) and how it should be (critic analysis of the microsystem of collective tutelaging of rights, its perspectives, as well as the efficacy of the public cilvil action about accomplishment of the right to health as supraindividual right). The objective is to analyse the main version of the theme (for instance: the impacts caused to the dissociation of the Procurations theory), so that it can be extracted the philosophy and the general theory, of the public civil action and collective tutelaging in general, pragmatically applicable to study purposes. With this theorical fountain, the reader will be in a more solid position, not only being able to understand the subtilities of the public civil action, but mainly being able to recognize its faults and present solid reform proposals and improvement. It is know that the Juridical Power (Procuration) does not allow any more inactivity about negating accession to health in its collective dimension (lato sensu: spread, collective stricto sensu and homogeneous individuals), being imputed to it novel usage that consolidates in the assumption of the role instrument set aside to be used by all with organized instancy of solution to collective conflicts in large sense. This happens, overall, because of the current justice politization, understood as juridical activism, connected to the struggle between the groups defending their interests and the acceptance of the constitution about solidifying the public politics of quality health

O princípio constitucional da redução das desigualdades regionais e o transporte de gás natural

In a country of continental dimensions as Brazil, one of the top challenges to its economic growth is the logistic related to energetical demand supply. We live now in the era of environmental protection and, in this new context of priorizations, it passes trough the search for alternative energies for the energetic matrix, due the petroleum elevated costs in the global market (and its finitude), but also due its pollution over the environment. This attempt of substitution needs solutions related to the national reality, into a national long term developing plan and based at a juridical-economic analysis of its realization. This study will look for, also based in an economical analysis, the juridical legitimity of choosing natural gas as the new protagonist of national economic growth (as a substitute of petroleum) and the necessary boost that must be done by law, based on an economic policy focused strictly for that fact, as a modifying agent of this reality. This study, therefore, will always be turned to a constitutional aspect, respecting the principles of economic order and the goal of reducing regional inequalities, which must influence the making off of a developing plan. At the end, it will try to demonstrate the juridical viability of such undertaking, tuned in jus-economical criteria. Another goal is related to the analysis of the natural gas industry, due the regulation of its transport has a major importance for national energetic integration, not only because this activity be characterized as a net industry, still under control of a natural monopoly, but also because the competitive or cooperative profile that should be priorized at the beginning of the economic planning for this activity (such as investment policies and its own rules that will submit private agents)

O princípio constitucional do desenvolvimento e a utilização de recursos hídricos na indústria de petróleo

As can be inferred by the title of its study The constitutional principle of sustainable development and the utilization of hidrical resources in the oil industry the transcribed pages are dedicated to the approach of the mentioned subjects which, despite being apparently different, will be shown intrinsically connected as goes by the study. The superation of this first step by the reader will lead to an important perception of the title: that the situation requires, urgently, a defined posture, a complete conduct change and, therefore, a modification of the paradigms currently establisheds. To brake barriers, modifying what is lived by, is the ultimate goal. For that, there is no unique path, linear, but there were broached the development themes, the hidrical resources theme and oil and natural gas industry at the necessary points to achieve, by the end, a comprehension for the Brazilian Federal Republic goals in the search for the application of these juridical norms. The ones whom lay down over this study shall notice that, more than a simple approach over these themes (which are still less worked and searched in Brazil), the heavy critic of an instituted and pacifically accepted reality, directly offensive of the constitutional principles. The debate evolves from punctual and specific aspects, it gains life, flies, searching how the juridical order equalizes the economic model to the environment defense. Standing by the possibility of conciliation among constitutional principles, the remodeling of an economic segment is defended, aligning it to the sustainable limits. Development, sustainable, becomes means and goals to the implementation of liberty, capacitating everyone to achieve their goals of life, their libertments, fruit of the inherent antagonism of the Constitution the sustainable development offers, while an axiological vector, a new reality to the economic order, turning it into a motriz element to the fortification of constitutional normative force and for the national development

A medida cautelar na ação direta de inconstitucionalidade: uma abordagem pela perspectiva do princípio do acesso à justiça

The present study deals with the caution measure in the direct action of inconstitutionality. The treatment given to the approach is through the principle of access to justice. For this, a construction of the juridical content in the principle of access to justice is proposed, without losing the focus of its characteristic as a metajuridical principle, which is presented in the constitutional field as a fundamental right, generator of a new universality, destined to guarantee the prevalence of an adequate juridical tutelage. Some challenges of the concretizing hermeutics are still shown to give way to principle of access to justice, dealing with certain limitations and proposals. The direct action of inconstitutionality in face of the dissertation, begins to focus on the presentation of the tutelage of urgency, differentiating it from the other brief tutelage and elevating it to the condition of instrument which is indispensable to the principle of access to justice. In the most specific field of the abstract control of constitutionality, the characteristics of the objective process are defined, their sources, amongst which the regimental norms of the Federal Supreme Court and their role in the new constitutional reality. Finally, the caution measure in the direct action of inconstitutionality is presented by the perspective of principle of access to justice, identifying some points: the interpretations of the principle of the natural judge to adapt him to the aspect of continuous and temporarily adequate juridical account, especially when concerned to emergency; the analysis of facts in the direct action; the bonding objective effects and the erga omnes; the effect over the factual and normative plan; the effect of the caution measure over other processes and over the prescriptional course; the polemic of the possibility of caution measure in direct action of inconstitutionality through omission

Os conflitos de competência normativa do estado regulador brasileiro no setor administrado pela ANP

The dissertation has by objective describe the administrative activity of regulation exercised by independent regulatory agencies, observing that this activity was already done before this structures creation, however, after a really deep administrative reform that had as objective built a Public Administration with more efficiency, it passed to be done with some own peculiarities of these new structures of regulation. The work gave especial attention to what concern the conflicts of normative competency that really often happen between ANP (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis) and the legislatives organs of the Republic Federative of Brazil, because energetic area has unbelievable mater to any country, and the fact of some juridical norm be against the law and be accepted is very dangerous, it affronts the constitutional principle of the legality e may put in risk the democratic Estate of law, them, regulatory dogmatic must be scientifically knows, and developed, thought and especially there are so many doctrinaires divergences about regulation constitutionality. As a theorist point, the investigation got the Logical nocontradiction principle, according Hans Kelsen and Lourival Vilanova thought, doing a philosophical reflection about the system of positive law, in which there are many antinomies, or conflicts of norms, what include the conflicts of the administrative acts expedited by ANP and the legislation of the brazilian regulatory Estate. For a better understanding and exemplify some perplexities treated by the doctrinaire angle, this work did a lucubration about a possibility of a normative conflict between a ANP resolution and the municipal legislation in a specific case, also, brought several jurisprudences for the brazilians courts of justice, that confirm the empiric existence of normative conflicts among ANP s administrative norms and federal legislation. Finally, concludes observing that the regulation is not a legislative competency delegation to regulatory agencies, is just a new exercise of the administrative function, it is a technical specialization of the public administration, that using this know-how can acting with more efficiency, however the normative power of regulatory agencies must respect the empire of law, so in this terms, the dissertation suggests the ponderation of the constitutionals principles of efficiency and legality how form to harmonizing the democratic legitimate inherent to legal norm supremacy, with the perspective of an efficient economic and institutional development