A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

Ativismo ministerial na implementação de políticas públicas

The research aims to analyze the reasons and the unique role of prosecutors in the promotion of public policies. The opening lines deal with the evolution and expansion of the general theory of the fundamental rights in the international and national levels and that have led to the creation of a welfare state concerned with carrying out positive actions which aim at the community well-being. Thus, it is clear that, after the uneven development of the Brazilian democracy, the Constitution of 1988 not only has erected to a state socially responsible, but also built a system of guarantees which highlights the significant expansion of the Powers of the Public Ministry and has now taken an outstanding position in regard to collective rights, allowing, at the same time, its members to perform the syndication of state actions, particularly public policies, correcting the course of these administrative processes in the presence of poor management and inactivity of the public administrator when acting in defense of fundamental rights. This ministerial activism, even facing the obstacles and boundaries submitted to its pursuit, has shown an increase in actions that culminated, in the last ten years, in a significant number of judicial and extrajudicial measures that indicated the correction of public policies and actions in areas of health, education, housing and the environment. In this process of monitoring and doing, the important role of the other social characters is highlighted, especially the one of the citizen who is responsible for most of the complaints that start the initiatives of the Public Ministry and that can be deployed through a significant list of judicial and extrajudicial instruments, especially the important procedure that allows the hearing and participation of the involved in the implementation of public policies, enabling a collective even a consensual solution of the matter generated among the Public Administration. Given these initiatives, the ministerial activism has established itself as a movement of its own characteristics, aimed to guarantee the fundamental rights, especially when these are not targeted by state actions that should contribute to the achievement of the democratic state of law idealized by the Federal Constitution without any distortion of direction. Nevertheless, this activism still seeks for its full accomplishment in the practical world

A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

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

O serviço social na previdência social: a afirmação do seu espaço na materialização dos direitos

The work of the professional of social worker in social security policy, it is seen wrapped in an adverse situation to consolidate the ethical-political project work, marked by the materialization of the neoliberal policy essentially promotes the reduction of social rights historically achieved by the class struggle worker. In this sense, with the aim of analyzing the statement of work of the Social Worker in Social Security, their struggles and challenges to the realization of rights, against the current situation is that it renders the theoretical basis of the discussions to be fought. Thus, we performed procedures such as methodological research literature and documents in detail of our analytical categories in order to base the discussion on social security policy. The survey area covered was the Executive Management of Social Security Mossoró and Natal, representing a total of 07 (seven) surveyed social workers who work in the Department of Social Work. Thus, the research allowed us a comparison with the work of Social Workers and this allowed us to reach some conclusions: first, the fact that Social Security does not guarantee in its entirety, the conditions necessary for the work of Social Worker, taking into account the lack of human and material resources for its realization, and the virtual absence of professional secrecy, and second, that the social workers surveyed say the ethical-political project of Social Work, in exercise professional from engaging in projects and social movements related to the protection of social rights and working class, thirdly, that the statement of professional design, contributes to the formation of a new professional activities, based on an analysis of whole and an action more interventionist, critical and purposeful, able to relate to the interests of users who seek their services, the consolidation and socialization of social rights. Thus, the direction of the work of professional of social worker to support the theoretical and methodological maturity in recent years acquired the expertise and ethical-political daily, consolidated its space in claiming social security institution, the rights so hard fought in an environment grounded in the disintegration social struggles

Mapa dos programas sociais: transferência de renda e dinâmicas sociais no Rio Grande do Norte (2000-2007)

The question of evaluating the fight against poverty in a given society is very complex task, considering the range of factors that permeate, such as education, culture and economy itself. Come hence the relevance of the theme and its constant presence in discussions on the fruits of public policies, institutional structure and economic development which are the guiding elements of this work, and noted that seeks to highlight the social demographics and most important, the most significant trends and issues pertaining to her. The assessment was initially made in all the municipalities of Rio Grande do Norte doing a verticalilzação to the municipalities Caicó, Pau dos Ferros, Ipueira and Taboleiro Grande. Highlighting the role of a social policy through government programs, such as the Bolsa Familia Program (PBF), which creates the possibility of changes in the socio demographic profile given the importance that the action of this public policy has in shaping the regional economic reality As well as social programs and actions of the government here reported that generate mobility of people and new social demands, such as rural retirements, the benefit of continuing provision (BPC), the Program for the Eradication of Child Labor (PETI) that put on the market of population living on the margins of various forms of consumption. Accordingly, the socio economic profile of the state shows a significant improvement in their social indicators, vital education and redistribution of income, due to the significant improvement in life expectancy in the fall of school drop-out rate and the drop in indicators of Proportion Poor and destitute of the state. Where the fall in the proportion of poor and indigent is strongly associated with an increase in income, from social programs. With this transfer and redistribution of income can be gauged that occurs a strengthening of local economies and an engagement of families with the conditionalities of social programs and PETI Bolsa Familia. Our research concludes that simply raising the rents caused by transfers, presents relevant impacts on the education of young people in beneficiary families. There is no doubt that the programs of transfer income, no facing the social field, representing a mechanism to decrease the most perverse ills of poverty, social and economic inequality that is hungry. For a significant portion of the Brazilian population living below the poverty line, programs for the transfer of income are expressed directly in improving the material conditions of life and indirectly in improving self-esteem of women and all family members receiving encouraging yet the integration family. Experiments have shown that improvements in health and nutrition can be obtained through the implementation of adequate social policies like the programs of transfer income, while social inclusion and economic does not become full

Anti-poverty policies in Brazil: Reviewing the past ten years

This article reviews the main anti-poverty policies implemented in Brazil from the early 1990s to the early 2000s. These include focused and universal policies - such as education and health care - as well as the rural development, a 'middle ground' policy. Though the inter-municipal consortium, a new institutional arrangement gathering municipalities together, has emerged as a promising policy implementation tool, anti-poverty policies have faced implementation difficulties. Lack of coordination between different programs, even within the same policy area, has impaired their effectiveness. As a consequence, compensatory programs, based on monetary transfers to poor families, which face fewer implementation problems, have become the dominant type of anti-poverty policies in Brazil. Despite these shortcomings, a small Brazilian state, Santa Catarina, was able to reduce by 46 percent the number of individuals living in poverty in just ten years. This is a sign that fighting poverty can, after all, be a feasible endeavor. © 2004 IIAS, SAGE Publications (London, Thousand Oaks, CA and New Delhi).

Social Panorama of Latin America 2004

Includes bibliography

Reformas para la cohesión social en América Latina: panorama antes de la crisis

Incluye Bibliografía

Bienestar y estar bien: un enfoque renovado de la cohesión social en América Latina

Incluye Bibliografía

Educación y cohesión social en América Latina

Incluye bibliografía

Gestión social: cómo lograr eficiencia e impacto en las políticas sociales

Incluye Bibliografía

Sentido de pertenencia en sociedades fragmentadas: América Latina desde una perspectiva global

Prefacio de la Sra. Alicia Bárcena

Globalización, integración y cohesión social: el caso MERCOSUR

Incluye Bibliografía

Cohesión social: inclusión y sentido de pertenencia en América Latina y el Caribe

Incluye Bibliografía