942 resultados para processo político brasileiro


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O processo de envelhecimento da humanidade é um fenômeno mundial e nas últimas décadas a população brasileira tem acompanhado essa tendência. No entanto, este fenômeno somente pode ser considerado como uma real conquista em termos sócios demográficos na medida em que se agregue qualidade aos anos adicionais de vida para a população. Em populações idosas, a incapacidade funcional e os sintomas depressivos tornaram-se importantes conceitos tanto por suas consequências para a saúde pública, quanto pelo impacto na qualidade de vida dessas populações. Este estudo tem como objetivo verificar se há associação entre os sintomas depressivos e o desempenho funcional de idosos comunitários. Foram avaliados 313 idosos de um centro urbano do nordeste brasileiro através das baterias de testes; Center for Epidemiologic Studies Depression CES-D e Short Physical Performance Battery - SPPB; além de variáveis relacionadas ao estado físico, condições crônicas, função cognitiva e características sócio demográficas. Foram utilizadas medidas de correlação e aplicado método de análise multivariada para construir um modelo explicativo da influência da sintomatologia depressiva no desempenho funcional. Os resultados revelaram que as mulheres apresentaram mais sintomas depressivos (p< 0.01) e pior desempenho funcional (p< 0.01) que os homens. Os indivíduos com sintomatologia depressiva apresentaram pior desempenho funcional, especialmente as mulheres. A idade, o sexo feminino, o estado de saúde percebido, o nível de função cognitiva e o Índice de massa corporal foram identificados como fatores associados ao desempenho funcional na amostra estudada. Os resultados deste estudo permitem inferir a relação de associação entre sintomas depressivos e desempenho funcional em uma população de idosos de um centro urbano no nordeste do Brasil. Estes resultados fornecem informações úteis para intervenções terapêuticas adequadas voltadas para a prevenção do declínio na mobilidade em idosos

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This text aims to undertake an analysis of the process of building the "problem of poverty" in Brazil. From a sociological approach on discourses and interpretations of poverty present in literary intellectuals representatives of some of the classics of Brazilian social thought, as well as in scientific works produced from mid-twentieth century and in the reports of various international organizations and national, such as the IMF, World Bank, MDS, IPEA, among others

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In this work we have analyzed the political commitment of the social assistance sponsored by the Bradesco Foundation in João Pessoa. This Foundation is a private institution of public interest that provides social assistance to low income populations all over Brazil. This kind of work is one of the oldest management initiatives in what is actually referred to as managers` social responsibility. This thesis assumes that managers who are in fact socially responsible should guide their actions by the principles of social democracy, so that everyone can enjoy citizens` social freedom, and guarantee their rights as well as the political awareness of social actors. Analysis of documents and a qualitative approach have been applied to the pedagogical Project of the Foundation, as well as phenomenology to study the social profile of their students. The analysis of the pedagogical project as well as the students` standpoint towards life reveals that the Bradesco Foundation is indeed committed to the social efficacy of its students. The educational proposal of the organization includes those elements that are required for teenagers` education envisaging participative citizenship. The teenagers` speech reveals that they have developed the project identity, being therefore able to take part in the process of political transformation of our time. The results indicate that the Bradesco Foundation not only guarantees some of the basic social rights for the healthy development of those who attend their courses, but also sponsors a high level education providing both a technical and a political formation

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This work is an attempt to show that the ideological conflict that has been developed by the hegemony of the 1930 Revolution historical events in Paraíba, conceptually turned into an insoluble social contradiction. It ocurred due to imaginary or formal resolutions of the literature that ended up by altering the epistemological rules of the relation between fiction and reality. The present work is based on The unconscious politics: a narrative as a socially symbolic act , book in which all the literary or cultural texts can and should be read as symbolic resolutions to insoluble social contradictions. From string to contemporary literature this phenomenon has been registered by the several ways of textual production turning the 1930 Revolution into one of the main elements which guides the political scene of Paraíba. The ideological groups still centered on the political resentment and committed to a political conflict forged the existence of two historical truths: one which suits the liberais , the winners, and another is of the 1930 conflict. This work argues in favour of the unconscious politics of the 1930 Revolution. This thesis considers necessarily the relation that the Paraibana society maintains with its past and how this past reaches in the present the liberation of a hidden and repressed truth through its narrativization. Beyond that, how the ideological partiality generated the political resentment through the way of thinking of the rivals under the perspective of the good and evil reveals its insoluble social contradiction. Process which comprehends varied narrative forms of the mass culture products and literary production, as in the methodological perspective pointed by Fredric Jameson that all literary or cultural texts can and shall be read as symbolic resolutions of true political and social contradictions. In the case of Paraiba we will have resolutions that search for the reasons which caused the death of João Pessoa: forgery and publicity of love letters, dispute over the official version of suicide commited by João Dantas, the man who assassinated João Pessoa

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The thought of Eloy de Souza is studied (1873-1959), that left a significant intellectual production in the journalistic, cultural and politicial scope on the Northeast and the dilemmas of the droughts. Through the method of content analysis, his journalistic and literary speech is investigated, looking at to understand the elaboration and/ or reiteration of categories, of representations and of values; it is verified how was conceived the constitution of the political thought and which is it´s principal slopes; the parliamentary speech, present in his interventions is analyzed in plenary session, participation in commissions and in his projects, particularly in the thematic area of the droughts. It is verified that his work is built in a political and ideological perspective inserting the bourgeoisie landowner's interests and Northeastern commercial and of it´s political strata, inside the historical block of agro-industry power that has as irradiation focus the area of the coffee represented politically by the oligarchies person from São Paulo and Minas Gerais. In that sense, two crucial categories emerge: the droughts and the country, as the Northeastern and Brazilian man's synthesis, with their resistance capacity and adaptation, and their creative effort in an adverse enviroment, that Eloy de Souza started to insert in his political speech. However, the vision that he passes of the "country suffer", expresses a certain idealization of a lifestyle that corresponds to a traditional dominance, that he want´s to be reproduced. Although it looked for the solution for the drought through the modernization of the economy by the adoption of advanced methods as the irrigation, his concern went back to the conservation of the economical and cultural political hegemony of that elite. Thus, his inquietude with the process of integration of the subordinate sections, justifies his consensual speech, harmonic as organic intellectual of the agrarian-commercial bourgeoisie of the Brazilian Northeast

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The participation of women of more than 60 years of age in the social ritual of the creation of the Reserva de Desenvolvimento Sustentável Estadual ( Sustainable Development State Reserve ) at Ponta do Tubarão, in the state of Rio Grande do Norte, is the central object of this research. This work is an attempt to analyze the oral discourse of these women, to understand the historical participation in this ritual, pointing out the actions for dehistoricization that, in the Western world, take women out of the community scene making their roles less important or invisible as agents of social construction. The reflections that take place in this research, using as a starting point, the example of a traditional fishing community on the Brazilian coast, and denounce the mechanisms of male domination that try to silence their hábitus, such as: the discourse of power (that is responsible for the permanent division of sexual structures) and of the correspondent social and cultural division. The present research respects the oral discourse of the Elderly Women as a significant practice of community life in Diogo Lopes in Macau, Rio Grande do Norte. The creation of the community of RDSE in Ponta do Tubarão as an instrument for political and social management is also accepted here as a process conducted by various social actors that react to developmental threats that have interfered with and are still trying to interfere with the equilibrium of the regional ecosystem. The methodology used in the research is supported in the oral discourse of these women as social representations of a focus group, on which the method of the Análise do Discurso do Sujeito Coletivo (DSC) ( Collective Subject Discourse Analysis ) is applied

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The World has tried diverse democratic waves at distinct moments. Some nations have adopted the idea of the democracy for years; others have not yet and other ones are still in a slow process of transition. The field of studies on the Arabian political systems has testified since the last quarter of 20th century a notorious development. This advance disclosed in the existence of a set of trends that has turned around a number of concepts and main theoretical frames such as the political pluralism and the democratic transition and the civil society and its relation with the State. The speech on the process of democratic transition consists in part in the capture and the analysis of the role of the forces and the organizations of the civil society in this process. The peculiarities of the Arab World excite questions concerning the establishment of one governmental system in this universe in the mold of that one that develops with hegemony in the Occident, which has become an interesting field of inquiries for the Political Science. This study comprises the analysis of some aspects of the political situation in the Arab World towards the process of democratization in which Egypt and Lebanon are models of study. Thus the theoretical basis of the term democracy is introduced, presenting different considerations about this expression, since the sprouting of the term until its current conception; later the civil society is analyzed as well as the systems of the political parties and the electoral systems of both countries in attempt to identify the level of democratization existing there and also to find the possible ways to magnify the democratic horizons

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This dissertation aims to address the limits and possibilities of realizing the fundamental right to reasonable time of the Brazilian legal system process. From this perspective, we analyze a reasonable time concept for the process, consistent with the civil homeland process; the relationship between efficiency, effectiveness, legal security and reasonable time of adjudication; a formal recognition of the fundamental right to reasonable time of the procedure in the Constitution of 1988; and the immediate applicability of this fundamental right. As indicated, the crisis of the Judiciary and procedural delay are problems directly related to the limits and possibilities of realization of the fundamental right under study. Moreover, we also present some mechanisms that can be used to overcome these problems. The subject was developed based on constitutional interpretation of fundamental rights, an approach that will always have this concern to be based on a methodology which includes the normative and empirical-dogmatic fields, realizing the fundamental right to reasonable time of the process. We adopted as methodological approach the study of this issue in judicial aspect, more specifically in the field of civil procedure. Finally, we weave through a critical and analytical view, our conclusions, which demonstrate the possibilities of overcoming the limits imposed to immediate implementation of the fundamental right to reasonable time of the process in our legal system

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The Oil industry in Brazil has gone through several stages during the economical, political and social historical process. However, the significative changes have happened in the last fifteen years, due to market opening arising from the relaxation of the state monopoly over the Oil deposits and its derivatives. The edition of the Constitutional Amendment #9, changing the first paragraph of the 177th item of the Federal Constitution, marked the end of a stiffness about the monopoly that the Brazilian state kept in relation to the exploration and research of Oil and Gas. The economical order was fundamental to actualize the idea contained in the #9 Amendment, since its contents has the power to set up measures to be adopted by public power in order to organize the economical relations from a social viewpoint. The new brazilian Oil scenery, called pre-salt, presents itself in a way to amaze the economical markets, in addition to creating a new perspective to the social sector. This work will identify, in this new scenario, the need for change in the legal system. Nevertheless, this subject must not be treated in a thoughtless way: being an exhaustible good, we shall not forget that the future generations also must benefit from the exploration of natural resources recently discovered. The settlement of a new regulatory mark, including the change in the concession contract model to production and sharing is one of the suggested solutions as a bill in the National Congress, in an attempt to ensure the sovereignty of the nation. The constitutionality of a new regulatory mark is questioned, starting from an analysis of the state monopoly, grounding the comprehnsions in the brazilian constitutions, the relevance of the creation of Petrobras for self-assertion of the state about the monopoly of Oil and derivatives, and its posture after the Constitutional Amendment nº 9 (1995), when a company stops having control of the state monopoly, beginning to compete in a fairly way with other companies. The market opening and private initiative are emphasized from the viewpoint of the Constitutional Principles of the Economical and Social Order. The relaxation of the monopoly regarding the exploratory activity in the Federal Constitution doesn't deprive from the Union the ownerships of underground goods, enabling to this federal entity to contract, directly or by concession of exploration of goods, to state-owned or private companies. The existing oil in the pre-salt layer transforms the scenario from very high risk to low risk, which gives the Union the possibility of defining another way of exploring this resources in the best interests of the Public Administration

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This paper discusses the growing attention that, over the last decades, has been given to the administrative procedure in Administrative Law, as it also highlights the procedures which are in tune with the new trappings of this legal field. It focuses on the sanctioning competence of regulatory agencies, notably what concerns the procedural guide that conditions its exercise. It aims at gathering varied elements, many times dispersed over the legal system, so it is possible to list, with a satisfactory degree of detail, the procedural constitutional guidelines which are indispensable to the sanctioning of private entities through punitive action by regulatory agencies. It highlights the due legal process clause, for the abundance of the protective set there is around it, as a guiding constitutional principle for the application of sanctions by regulatory agencies. It examines the repercussion of the constitutional principle of the due legal process on Administrative Law, focusing on the most relevant principles on which the first unfolds itself. It analyzes, in light of the due legal process principle, the sanctioning administrative procedure developed in regulatory agencies. In conclusion, it is asserted that there is no room, in the Brazilian legal system as a whole, for sanctions to be applied summarily; that there reigns, in our system, an absolute presumption, dictated by the Constitution, that only through regular procedures can the best and fairest decision, concerning cases in which the rights of private parties could be affected, be taken by the public administration; that, respecting the principle of the right to a fair hearing, it is indispensable that there be motivation of a decision that imposes a sanction; that there should be, in homage to the principle of full defense and for the need to preserve the autonomy of the regulatory party, an appeal court in every agency; that the principles listed in the federal law No. 9.784/1999 should be mandatorily monitored by the agencies, for this is the only alternative consistent with the Constitution

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The environment, which fundamental importance has already been recognized in all the world, is an actual national and international discussion subject, whose interest grows for the society, and consequently to the Law, in order to prevent the natural resources to the present and future generations. The 1988 Brazilian Constitution, recognizing the importance of the environment, treated about it in many of its parts, even dedicating a specific chapter (Chapter V About Environment, inserted in Title VIII About Social Order). The brazilian constitutional text established to everyone the fundamental right of enjoying an equilibrated environment, obligating the State and all society to defend and preserve the environment to the present and future generations. The economic growing process, that predominated and still persist in the big majority of the countries, where is practiced the capitalist system, has in the enterprises (legal persons) one of its main actors. Many times, these enterprises, especially in the actual globalized world in where we live, where the gain of money is priorized, ends, at the moment they act, making damages to the environment. These damages are, many times, considered by the law. crimes against the environment. The 1988 Brazilian Constitution, according to the Modern Criminal Law, realizing that many crimes were being committed by the enterprises, established in article 225, §3rd, the criminal responsibility of the legal persons. Almost ten years after the 1988 Brazilian Constitution, was published the Law number 9.605/98, in which third article established the penal responsibility of the legal persons that practice crimes against the environment, without excluding the individual responsibility

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The Multilateral Trading System has evolved and presented new international mandatory rules to States. Along with the World Trade Organization constitutive treaty, Brazil has incorporated the Agreement on Subsidies and Countervailing Measures (ASCM) in the national legal system. That treaty limits de scope of subsidies concession by governments since this practice can constitute a mechanism of commercial disloyalty, affecting national industrial development in the importing country. At the same time, the multilateral agreement grants defense legitimate instruments to States, among them the possibility of domestically and unilaterally imposing countervailing measures to subsidized products that enter the national territory. Since the issue concerns both international and domestic level in complementary grounds, this research, besides investigating the treaty related obligation, aims at studying the national legal fundaments to ASCM s application by the Brazilian State. Therefore, the essential point resides in the State s conduction of its international trading and also in its available and constitutionally established mechanisms of economic intervention. State s regulating power reveals itself as a fundamental prerogative to succeed in the internalization of international agreement s requirements in the domestic legal system, which represents a basic prerequisite to the implementation of countervailing measures. Once the whole normative outlines are apprehended, this study shall scan the administrative process of trading defense main elements, along with the means of controlling public administration acts. The action taken by the public organs that directly intervene in foreign trade shall be analyzed as well, so as to enable reasoning if the unilateral application of countervailing duties by the Brazilian State is happening on legitimacy grounds

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The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

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The gradual inclusion of biofuels is a necessary change that countries must include in their energy mixes. Energy sources still widely used in the world, such as oil and coal, are endowed with a high pollution load to the environment, bringing damages to the water, to the air and to humans as well. In addition, although there are conflicting studies, they are also identified as major causes of the greenhouse effect and the global warming phenomenon. They are, moreover, finite sources of energy, given that its reserves will surely run out. However, even if the introduction of biofuels, such as ethanol, in the energy mix is crucial for the survival of the present and future populations, this insertion cannot settle so disorderly and, thus, one must ensure the quality of these resources and promote transparency in international trade. In this manner, a certification process for ethanol is essential to attest that this biofuel meets the sustainable requirements defined for its production. Hence, this study sought to address the importance of the adoption of certification in the ethanol industry, according to the principle of sustainable development, by analyzing the evolution of its concept, its combination with the fundamental objectives sculptured in the Constitution of 1988, its regulation under Brazilian laws and the need for a balance between economic activities and the mentioned principle. The work also encompassed the criteria used to establish certification standards and their participating actors, combined with a study of ongoing initiatives. Finally, the consequences of the adoption of a certification process for ethanol in Brazil were presented, both in terms of sustainable development and in international trade

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The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security