A concretização do princípio da igualdade em matéria tributária por meio de sentenças aditivas

This work aims to study the additive decisions, a type of juridical interpretation developed in foreign legal systems and which are known in Italy as adittive sentences. Thefore, this dissertation is based on theorical studies developed around the subject in Italy and Brazil. Considering the fact that the fundamental rights face a problem of implementation, being decreased its normative force when there are legislative partial omissions lacking constitutional justification creating privileges to certain individuals or social/economical groups over others, the method of additive interpretation according to the Constitution can be used in order to realize the principle of equality. In tax matters the subject is even more relevant in the way that it represents an important role in the economy. Partial legislative omissions can generate inequalities, favoring certain taxpayers in relation to others in similar legal situation. In these cases the privilege may have a negative impact on economic order restricting values related to the basis of market competition. On those occasions, Brazilian Judges and Courts must exercise their constitutional jurisdiction in order to expand the effects of the legislative omissions, based on the principle of equality by extending the standard to equal tax situations in order to maintain neutrality in taxation

Desenvolvimento Urbano e Cidades Inclusivas: Estudo Analítico do Princípio Constitucional da Função Social das Cidades

The reality of Latin America points out that the industrialization and urbanization are complementary processes associated each other. Thus, by consequence of the demographic growth, observes the aggravation of an urbanization completely disordered and without infrastructure capable of guaranteeing rights and basic services to the population. In parallel, the dissemination of information, the valorization of human dignity, promoted by social welfare, and expectations of consumption aggravates the tensions among social actors, leading to the Theory of the Right to Development to worry about the (re)construction of cities. Before this reality, the Federal Constitution of 1988 proposed a participatory urban policy, grounded in the ideal of confrontation of social exclusion of a more comprehensive, represented by the principle of the social function of cities, which must be stratified into four inclusion´s central axes, namely: the social in the strict sense, the economic, the cultural and the policy. The Analysis of each of these dimensions, keeping the focus on reality and the Brazilian legal system, composes specific objectives of this work. Thus, through deductive research, with use of technique bibliographical and interdisciplinary, this dissertation aims to make connections between social function and development, proposing an analytical concept for the proposing an analytical concept for the principle of social function of cities, through the study of its basic elements. With this, purports to demonstrate how results, firstly, that the juridical study, to fully understand the process of marginalization, must maintain multidisciplinary perspective, own social sciences. Also aims to demonstrate that the dimensions of inclusion are formed by fundamental rights, individual and collective, of liberties and of social guarantees and that without respect to all of them there is no way to talk about implementation of urban development and nor, consequently, about inclusive cities. At the end, after checking the main legal instruments of urban policy that emphasize the community participation, provided for in the Statute of the Cities, and that potentiate the breakup of the circles of exclusion, the work want contribute to the clarification and the awaken to the importance of a new perspective democratic of development in the country, grounded in the appreciation of the individual for realization of modern management, decentralized and that, therefore, inserts the effective participation of urban communities in the acting of the State

O quinto momento do homem: ética e dignidade

This work has as objective to rise stages of the human beings dignity evolution and its superposing with the entirety and the men s activities development, until its elevation as a constitutional principle and its evolution as a judicial decisions vector, being important to register that conviction ethics or convenience ethics imposes the existence of the constitutional principle. Human beings dignity principle deals about a historic and cultural, politic and social and economical construction, whose sloping is violently imposed to the production resources, which drives the present work through a trial of clarifying and aggregating all those nuances of the men s stages until they find out, welcome and construct the human beings dignity in all its subjective and objective aspects. The adopted research method was based in historic enrolment of the appearance among people since the bases of the word dignity until the acceptation of this value in the Brazilian society. This research searched dignity s doctrinaire valuation at the juridical point of view and the way of appreciation of this value, in its condition of constitutional principle, by the Brazilian Judicial Power. The work concludes that man and Law s evolution, in this moment, exposes, necessarily, an ethical posture in favor of dignity

Perfis do controle jurisdicional de políticas publicas: parâmetros objetivos e tutela coletiva

This paper focuses on a study of public policy jurisdictional control as some effectiveness mechanism for cultural, economical, and social fundamental rights. It investigates the juridical profile of public policies based on premises of the current (Neo)Constitutional State model and the assertion of an essentially constitutionalist Law paradigm from its genesis to its most peculiar elements, and through tormenting issues, such as: its position between Law and Politics, the difference with reflective subjective rights, and the problem of high financial costs. Once its object is identified, it moves forward into the theme itself, which is that of jurisdictional control, investigating its legitimacy based on paradigmatic judicial precedents and the facing of themes such as: current role of the Judicial Power, the splitting of state functions, administrative discretion, financial affordability, illegal omissions, and budget control. Finally, it examines, as its study central object, objective parameters for definition control, execution, and transparency of public policies, as well as identifying the most appropriate collective jurisdictional tutoring to its purposes together with some of its law process means. Therefrom, it shows new perspectives for the recent study on jurisdictional control of public policies, building foundations for the fundamental rights effectiveness

Fiscalização difusa da constitucionalidade e o incidente de argüição de inconstitucionalidade

The present work consists of studying to diffuse control of constitutionality in Brazil, with emphasis in a procedural alternative to the evolution of that model: the incident to challenge of unconstitutionality. Starting from the discussion about the new role of constitutional jurisdiction in peripheral countries and in the globalized society, without forgetting to face inevitable doubts about its legitimacy before other powers of the State, the Brazilian control of constitutionality is revealed, under a diffuse, non-dichotomical view, through a number of inconsistencies and misunderstandings, that compromise social peace, the credibility of democratic institutions and the supremacy of juridical security. In order to achieve the goal, the study in course discussed the main difficulties of the Brazilian mixed model of constitutionality control, as well as, directing its view to the incident of challenge of unconstitutionality, which the most adequate forms to assure its appropriateness, legitimacy, processing and decisory effects are. Is was essential, in this point of view, to establish the difference between the incident of challenge of unconstitutionality conceived in article of the Brazilian Federal Constitution and the incident of challenge of unconstitutionality such as it is known in the European models. The insertion of the incident of challenge of unconstitutionality based on European models in the Brazilian control system, without jeopardizing the North-American essence the Brazilian constitutional history presents since 1981, is the hypothesis that is presented as an improvement of constitutional protection

Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

Liberdade de expressão artística: concepções filosóficas, fundamentalidade constitucional e política da pluralidade

The right to artistic expression, freedom granted in the western democratic constitutionalism, is a fundamental right that cyclically, compared to other cohesive rights of expression, has been forgotten and put in an irrelevant juridical-dogmatic position. The first reason for this behaviour that disesteems artistic freedom is the valorisation of rationalism and scientificism in the modern society, subordinating academic researches to utilitarianism, relegating the purpose of feelings and spirituality on men s elocution, therefore, we investigate, guided by philosophy, the attribution of art on human formation, due to its capacity in harmonising reason and emotion. After that, we affirm the fundamental right to artistic expression s autonomy in the 1988 valid constitutional order, after a comparative explanation of freedom in the Fundamental Laws of United States, Portugal, Spain and Germany; and the construction historic-constitutional of the same right in the Brazilian Constitutions. In this desiderate, the theoric mark chosen is the Liberal Theory of the fundamental rights, guiding the exam through jusfundamental dimensions: juridical-subjective and juridical-objective. Whilst the first, classical function of resistance, delimitates the protection area of the artistic expression right from its specific content, titularity and its constitutional and subconstitutional limits, the other one establishes it as cultural good of the Social Order, defining to the State its rendering duties of protection, formation and cultural promotion. We do not admit artistic communication, granted without legal reserve, to be transposed of restrictions that belong to other fundamental rights and, when its exercise collides with another fundamental right or juridical-constitutional good, the justification to a possible state intervention that tangentiates its protection area goes, necessarily, through the perquisition of the artist s animus, the used method, the many viable interpretations and, at last, the correct application of the proportionality criteria. The cultural public politics analysis, nevertheless, observes the pluralism principle of democratic substratum, developer of the cultural dialogue and opposed to patterns determined by the mass cultural industry. All powers are attached, on the scope of its typical attributions, to materialise public politics that have the cultural artistic good as its aim, due to the constant rule contained in §1, art. 5º of the Federal Constitution. However, the access and the incentive laws to culture must be constantly supervised by the constitutional parameter of fundamental right to equality

Representações sociais de formação continuada: com a palavra as professoras do ensino fundamental da rede pública de Natal RN

Metaphorically, research is presented as a journey by sea, having as object of study the social representations of Continuing Education for teachers of elementary school and as aim, to analyze them in comparison of participants from state and municipal systems, located in Natal-RN, Brazil .They have contributed to the achievement of this objective the voices of 158 teachers, the vast literature on training in professional development and the theoretical formulations proposed by Moscovici and colleagues, with relevance to the Central Nucleus Theory advocated by Abric. The corpus resulting from evocations about continuing education, as well as teachers' justifications were submitted to different computer methods/techniques, through the EVOC ALCESTE Programs, respectively, providing the opportunity to highlight a network of interconnections between the likely core and the production of discourse. Although the educational ideologies that underlie social perception of the state teachers are anchored in New School and technicist concepts and the teachers in the city tend to an ideology of social interaction, the choice of working with the symbolic field identified the political-social commitment of groups with the impacts of training on learning of their students

O livro de leitura da campanha de pé no chão também se aprende a ler/RN: um estudo dos pressupostos histórico-culturais

This work is about the historical and cultural assumptions inserted in the contents of literacy of the Campanha de Pé no Chão Também se Aprende a Ler, a movement of culture and popular education, developed in the State of Rio Grande do Norte in the period between 1961 and 1964. The hypothesis is the one of the existence of a romantic-political ideology which permeated a national developmentalist conception sited in its didactic-pedagogic instrument of literacy, the Book of Lecture of De Pé no Chão Também se Aprende a Ler/RN (1963). It has the aim to understand how the popular critical consciousness marked by conceptions of culture and popular education in its social, cultural and ideological relations, happened. Analyses the object of study by the symbolical cartography, methodological procedures which have as principles to retire from an antecedent source implicit meanings that can discover new realities, articulating the keywords of that document to the ideology that surrounded the Campanha de Pé no Chão Também se Aprende a Ler /RN. As results, the research showed that, considering the historical-cultural assumptions of the national developmentalist thought sited in the studied Book of Lecture, the conditions of the political-cultural context and of the advance of the Brazilian national industry on the beginning of the 1960th , admitted a process of social integration lavished by the popular literacy on the Campanha de Pé no Chão/RN, linked with the possibility of transition of the popular conscience, in a romantic-political perspective of the culture and the popular education

Por trás de links, sempre existem pessoas: o anonimato como fator de pertencimento no uso de redes sociais on-line em projetos educacionais

The thesis investigated how social networks online that allows anonymous postings can be used by teachers and students to promote the meeting between the sexual education and the needs and expectations of young people face a crosscutting theme, remarkably a taboo. It needs teaching strategies more efficient than those traditionally defended. With this experience, found in a short course about sexuality and health, we sought to go beyond the use of social networks for social entertainment, showing they can be an field that favors the process of teaching and learning. The research was based on the convergence of the communication concepts from Paulo Frere and another from Jürgen Habermas, as well as the philosophical concepts of utopia, ideology and dialectic are interrelated not only among themselves, but also inside an education field. Methodologically in this thesis, we adopted the category of qualitative research; the method is a combination of case study with action research. The technique was the use of questionnaires, data collection was in attendance and the types of data were primary. Finally, we present, then, the idea the communication is not in the middle, but in the trusty relationship established between the interlocutors. In this way, we can think when a student has met their need to be able answer his questions about sex with their teacher through an online social network that allows anonymity and through which the student knows who responds is their teacher, but the teacher can not distinguish the identity of his students, this dialogic relationship serves to get claims of the validity that are characterized as potential communicative action

O corpo como matriz pedagógica

The contemporary conjuncture based on the capitalistic knowledge converges to the corporal consciousness that makes us see, feel, taste and hear, be in/to pieces. Disembodied reason legitimate and legislate ways of being and living socially and its development is the dehumanization of human relations causing pain and suffering. The objective of this work is to discuss the body as pedagogical matrix through imagistic/artistic elements: music, painting and literature. Metaphors lead to self knowledge of human subjectivity and approach us to the kaleidoscope of sensitive knowledge and enables learning to learn with the infinite combinations of images, knowledge, feelings and worldviews. The song Memória da Pele comes in the voice of Maria Betânia speak of the memories that are not mine, but are tattooed in me in the memory of skin, singing the memories of a love lived by who tries to forget rationally, but the body insists on remembering. It is password to think about what we are. The short story by Clarice Lispector, entitled Miss Algarve, narrates the life story of an unmarried and virgin woman, and her encounter with an alien called Ixtlan. Until then, she who lived as if every day were a Monday, found herself seduced by the pleasure of having a body in contact with another body, which also allowed her to give visibility to the bodies of others. She had repudiation by the immorality that her body and the other s perspired. The discovery of the body brings important lessons for nursing, involving our body and the others'. The painting the flying bed or Henry Ford Hospital, by Frida Kahlo, is our final metaphor. The traumatic experience of abortion is shown in this painting trough the picture of the artist naked in a hospital bed. This painting invites us to reflect on our work process. We need to think in multiple dimensions of the being and accept the invitation of art, so that the lightness confronts us with the weight imposed by the hegemonic ideology. I believe it is not a single view, but the many views that should justify the knowledge and practices of nursing; what matters is that they are woven into the dialogue, democracy, provided that protagonism of those individuals involved in this process, in the wandering and uncertainty, in the rewiring, solidarity, plurality. To this end, the body must be the great pedagogue that is able to be viewed not as a tapestry seen by the right view, as the logical knowledge sees, but seen by the opposite side in its singular, irregular, discontinuous weavings

Serviço de atendimento móvel de urgência (SAMU) e a assistência às urgências psiquiátricas

The objective of this work which is characterized as an applied research, with a qualitative exploratory approach and has case study character has been the analysis of the conceptions and dealings of health professionals of SAMU in Natal RN about the attendance of psychiatric urgencies. The information was collected between the months of March and April of 2010, by means of semi-structured interviews, performed with 24 health professionals integrating of SAMU-Natal as well as the usage of direct observation technique, performed in the institution's medical regulation room. Both the number of professionals involved in the interviews and the bringing about of the observations, were determined by saturation methods in qualitative research's information collecting. The interviews and observations were transcribed and submitted to contents analysis technique , more specifically, to thematic analysis, which made possible to reach the deepest levels, that go beyond what has simply been manifest in the speech of the interviewed, getting to the relations among the categories and social structures of the issue of the research. Keeping this in mind, three analysis categories have been built, namely: conceptions and concepts of psychiatric urgencies shared by health professionals in SAMU-Natal; attendances to psychiatric urgencies in SAMU-Natal; and the Brazilian Psychiatric Reformation under the view of the SAMU-Natal's health professionals. Reflection about the analyzed information revealed discussions pertaining to the stigma and prejudice on mental illness, and also, pointed out to some hindrances which impair the attendance to individuals in mental suffering in SAMU-Natal. The interviewed health professionals' conceptions on the individual in psychical crisis involve concepts of unpredictability, aggressiveness and risk, stigmatizing elements and historically associated to the social hazard ideology and need for mentally sicks' segregation. The predominance of these conceptions, seen in health professionals speech, had identifiable reflexes on assistance to psychiatric demands performed by SAMU-Natal, namely: indiscriminate request for military police's presence during psychic crisis intervention, neglect about occasions that involve mental health patients, as well as repetitive assisting practice directed on physical contention, and transportation to psychiatric hospital. Associated to it, the professionals have shown distorted and reductionist understanding about Brazilian Psychiatric Reformation, and, in the majority, haven't lent credibility to present model of attention to mental health, based on psycho-social treatment, pointing their speech to a need for psychiatric patient's internment. In this sense, we notice that the hospital-centered and excluding model conceived by classical psychiatry still remains alive in these health professionals' mentality as a reference to psychiatric urgency's assistance. Therefore, the research revealed a sequence of elements, that make us think about the challenges that health sector and society must face to realize Brazilian Psychiatric Reformation's principles and guidelines

Paradigmas, valores e educação

O texto levanta os perfis epistemológico e socianalítico da questão paradigmática. Mauss evidenciara o moule affectif das noções científicas de força e causa. Posteriormente Baudouin falaria na indução arquetípica das noções e a antropologia do imaginário de Durand concluiria pela indução arquetipal do conceito pela imagem. Chegava-se, assim, ao desvendamento do substrato inconsciente das ideações, de um substrato regido pela catexis vetorializada, traduzindo-se nos valores como cerne das ideações. É o famoso a priori emotivo. Portanto, no texto, questionam-se dois mitos, esteios da ciência clássica: o mito da objetividade científica e o da neutralidade axiológica. Destaca, assim, a falácia da existência de uma ruptura epistemológica entre ciência e ideologia. A partir daí, as ideações tornam-se ideologias, sobretudo nas ciências do homem e nas ciências da educação que, ademais, tornam-se suporte de uma disfarçada luta ideológica, na qual, num colonialismo cognitivo, as estratégias de conhecimento dissimulam as de preconceito. Entretanto, assumir a realidade desse suporte fantasmanalítico e ideológico propicia uma tarefa educativa salutar: os paradigmas tornam-se fantasias e, nessa relativização crítica, podem ser usados como um campo de objetos transicionais coletivos num ludismo cultural e educativo. No policulturalismo da sociedade contemporânea, o politeísmo de valores de Weber transforma-se num politeísmo epistemológico, regido pelo relativismo ontológico de Feyerabend e por uma ética do pragmatismo. Articulando cultura, organização e educação, a antropologia das organizações educativas e a culturanálise de grupos de Paula Carvalho traduzem as heurísticas dessa dialética transicional.

Slogans políticos em campanhas eleitorais no Rio Grande do Norte: a mídia na disputa ideológica.

To the observe the periods of electoral campaigns, we can realize sharply the abundance of political propaganda that announces the candidates, their campaign record, their proposed and everything that can carry them to the victory in the urns. The propaganda is today an essential tool in the votes dispute, in consequence of this, there is, in Brazil, the increasing participation of the Politics Parties in seminars of electoral marketing. They are varied strategies of the media used in the divulging of the candidacies, among them the slogan. Instigated by the explicit relation media/political, this work intends to investigate the ideologies (values) announced by the slogans of political propaganda that circulated in electoral periods. Thus, we base on the theory of the Circle of Bakhtin, who considers the statement as unit of the verbal communication, and that conceives the language as phenomenon dialogical, and, too, in the conceptions of alien words, social voices and dialogical relations formulated by the referred theory. We use, for better to comprehend, the slogan as strategy mediatic, of the classical study done by Olivier Reboul concerning the slogan; and, like starting point of a conception about ideology, studied John Thompson to comprehends the ideological phenomenon. Our corpus it constitutes of 14 political slogans announced in the campaigns for mayor of the cities in Natal and Mossoró, both located in Rio Grande do Norte s state, Brazil, in 1996, 2000 and 2004. For the analysis of these slogans, we consider the social-historical context in which were announced, being contemplated the linguistic and discursive aspect, according to the following methodological order: the identification of alien words (interdiscours); the social voices and the kinds dialogical relations established; and, finally, the ideology announced by the statement. This way, we can arrive to the conclusion that in the electoral context occurs a true ideologies war , in other words, in the political game of an electoral campaign, the slogans announces different values, which vary in several factors function, for example, the historicity, the subject that enunciates, the discursive positionings.