O judiciário e a governança democrática dos recursos hídricos na região metropolitana: uma abordagem a partir do caso Matanza-Riachuelo

A previsão constitucional de competência concorrente dos entes políticos para a promoção de políticas públicas nas regiões metropolitanas abre caminho para que no caso de omissão dos poderes legislativos e executivos a questão seja judicializada. O Judiciário, como guardião dos direitos fundamentais e dos princípios democráticos, tem legitimidade para impor a cooperação entre os entes políticos a fim de que seja prestado um serviço publico eficiente e igualitário para todos os cidadãos. Essa atuação, contudo, está limitada aos princípios constitucionais e à vontade popular, além da existência de capacidade institucional e atenção aos efeitos sistêmicos. É apresentado o caso Matanza Riachuelo, em que o Judiciário condenou os entes políticos a promoverem, entre outras medidas, um plano estratégico comum. Ao final, apresenta-se uma visão crítica da atuação do Judiciário na execução desse julgado.

Capitalismo de estado e inovação: facetas da relação entre estado e iniciativa privada no desenvolvimento nacional

While countries managed to rapidly rise and recover economically, Brazilian social indicators have advanced at short pace in the last decades. Although millions of Brazilians have recently left poverty, Brazil still has a long way to go regarding its socioeconomic development. Circa one fifth of the population is still considered functionally illiterate, basic education has one of the poorest performances in the world, the country has no top-level universities nor produces technology or patents at relevant levels. This paper, at first, analyses how the interaction between government and private agents influenced Brazil’s industrial and economic development, identifying the existence of bonds based on the exchange of private interests that at great extension kept public policies from reaching goals of national interest – the so called crony capitalism. Secondly, the paper verifies how development policies based on the promotion of innovative companies and segments of the industry may positively impact broad socioeconomic development. The paper delves specifically into the cooperation between universities and industry as a development tool. Enterprises and universities, guided by their endogenous interests, may be combined for the structuring of a national innovation system. While universities are fundamentally interested in promoting knowledge accumulation, enterprises are willing to invest financial capital in universities in exchange for the economic exploitation of products developed within the academic environment and direct access to its human capital. Lastly, the paper identifies the legal and cultural barriers and advances of this mechanism in Brazil. It verifies that, notwithstanding the institutional advance promoted by the Law of Innovation to the university-enterprise cooperation in Brazil, the law wasn’t entirely capable of eliminating the legal uncertainty of this relationship and capturing in an efficient way the interests of the agents involved. Recently, federal law n. 12.863/2013 officially offered universities the option of bypassing problems related to public law by regulating support foundations, which conceives greater certainty and simplicity to the cooperation. There are, however, remaining uncertainties regarding the norms to be edited by the executive power, as well as conflicts of interest linked to the property rights over patents resulting from this kind of cooperation. The paper verifies, moreover, the existence of ideological resistance to this tool within universities, in such a way that it is unlikely that those relationships develop in a systematic way throughout the country without further engagement from the government and its executive and legislative bodies.

Supremo interesse: protagonismo político-regulatório e a evolução institucional do processo de seleção dos ministros do STF

Partindo da constatação de que o Brasil acompanha hoje um fenômeno global de protagonismo das cortes supremas nas sociedades complexas contemporâneas, notadamente na criação de políticas-públicas e regulação, o estudo procura mapear a evolução – e progressiva democratização – de uma estrutura de freios e contrapesos prevista na Constituição da República Federativa do Brasil de 1988 (“Constituição”), qual seja, o processo de seleção dos ministros do Supremo Tribunal Federal. Ao longo do texto é analisada a arquitetura institucional e constitucional do processo de indicação e aprovação de novos ministros, bem como exemplificadas mudanças no perfil dos atores políticos, no plexo de competências das instituições envolvidas e no contexto social, político, econômico e cultural que forçaram a transformação prática do modelo de seleção institucional, sem alteração, no entanto, da formatação originalmente prevista desde o Século XIX. Mapeando a origem e evolução da fórmula constitucional de colaboração entre o Poder Executivo e o Poder Legislativo para a escolha dos membros da cúpula do Poder Judiciário, o estudo identifica a origem do modelo brasileiro na inspiração da experiência norte-americana, descrevendo esta e os paralelos possíveis com aquele. A partir do marco central da Constituição, o trabalho procura demonstrar uma progressiva mobilização de atores políticos e sociais em relação ao processo de escolha, notadamente em relação ao momento em que os indicados para o Supremo Tribunal Federal são sabatinados pela Comissão de Constituição, Justiça e Cidadania do Senado Federal. Finalmente, são analisadas concretamente as sabatinas e algumas das suas principais discussões, buscando extrair lições que sirvam de norte colaborativo para a evolução da forma de seleção dos ministros do Supremo Tribunal Federal, inclusive como instrumento de controle prévio de seus membros, futuros elaboradores de políticas-públicas.

The creative and advanced technology economy in Brazil: executive summary

This document brings together in a succinct form the available data about the current state of the Creative and Advanced Technology Economy of Brazil, presents some suggestions for public policies which can contribute to the development of technological and creative activities, and also points to issues to be studied and actions to be carried out in the future.

Combinação social e construção de equipes: um estudo sobre os fatores relevantes para o processo de composição de equipes na educação executiva brasileira

A composição de equipes é um tema recorrente em diferentes áreas do conhecimento. O interesse pela definição das etapas e variáveis relevantes desse processo, considerado complexo, é manifestado por pesquisadores, profissionais e desenvolvedores de Sistemas de Informação (SI). Todavia, enquanto linhas teóricas, oriundas dos estudos organizacionais, buscam a consolidação de modelos matemáticos que reflitam a relação entre variáveis de composição de equipes e o seu desempenho, teorias emergentes, como a de Combinação Social, acrescentam novos elementos à discussão. Adicionalmente, variáveis específicas de cada contexto, que no caso dessa pesquisa é a educação executiva brasileira, também são mencionadas como tendo relevância para estruturação de grupos. Dado o interesse e a variedade de vertentes teóricas que abordam esse fenômeno, essa pesquisa foi proposta para descrever como ocorre a construção de equipes docentes e identificar as variáveis consideradas relevantes neste processo. Um modelo teórico inicial foi desenvolvido e aplicado. Dada a característica da questão de pesquisa, foi utilizada uma abordagem metodológica exploratório-descritiva, baseada em estudos de casos múltiplos, realizados em quatro instituições de ensino superior brasileiras, que oferecem cursos de educação executiva. A coleta e a análise de dados foi norteada pelos métodos propostos por Huberman e Miles (1983) e Yin (2010), compreendendo a utilização de um protocolo de estudo de caso, bem como o uso de tabelas e quadros, padronizados à luz do modelo teórico inicial. Os resultados desse trabalho indicam, majoritariamente, que: as teorias de Combinação Social e as teorias de Educação adicionam elementos que são relevantes ao entendimento do processo de composição de equipes; há variáveis não estruturadas que deixam de ser consideradas em documentos utilizados na avaliação e seleção de profissionais para equipes docentes; e há variáveis de composição que só são consideradas após o fim do primeiro ciclo de atividades das equipes. Com base nos achados empíricos, a aplicação do modelo teórico foi ajustada e apresentada. As contribuições adicionais, as reflexões, as limitações e as propostas de estudos futuros são apresentadas no capítulo de conclusões.

Trabalho e família: um estudo da interação de papéis com secretários executivos

The balance between the demands of two important spheres of human life, work and family, has become a challenge due to the pressures of the contemporary that is expanding around the difficulties of reconciling these two comínios. In this sense, this research aimed to understand the work-family interaction in the perception of executive secretaries. The analysis approach used was qualitative research, by worrying about a reality that can not be quantified due to the subjectivity of his goal. The data collection technique used was the semistructured interview to twenty executive secretaries, servants of a Federal Institution of Higher Education. For the understanding and interpretation of the data, we used the technique of content analysis. The results of both analyzes identified the existence of conflict as enrichment in this interaction. The time was identified as the largest generator of conflict work. The overload, relationship stress and conflict emerged as elements common to both domains. As main implications of labor disputes, were revealed: problamas health for secretaries and stress. As main implications of family conflicts emerged: motivation for work, lower performance and lack of concentration. The attempt at balance was identified as the strategy most used by secretaries to minimize work-family conflict. The work-family enrichment was seen as resources that contribute to improving the lives of the secretary in both domains. The opportunity to add knowledge was highlighted as enriching element of work and family values ​​as elements enriching family. The support and experience emerged as enrichment items common to both domains. Regarding the implications of enrichment resulting from the interaction of work and family, the more perceived by respondents were: increased knowledge and skills, material and psychological benefits, improved quality of life and personal and professional fulfillment. From the perception of executive secretaries, work and family spheres of human life are essential and complementary, and that help is contrary, however, this relationship is the primary management of conflicts, ie, how the individual sees and manages the negative side of the work-family

Repercussão geral e súmula vinculante: os efeitos no controle difuso

Brazil since its first republican constitution has adopted systems of laws control. The review activity was given to three state powers or functions state, Executive, Legislative and Judiciary. However, it appears that in the country along the constitutional history, has stood considerably the jurisdictional control of the most important control. Initially, back in 1891, Brazil adopted the jurisdictional control of diffuse from U.S, whose role in monitoring of standards is delivered to all organs of the judiciary, which may face a case, put on trial, ascertain whether or not the possibility of applying a law, removing its impact in case of unconstitutionality. In 1969, entered in the second legal model of judicial review, the concentrated control of constitutionality, whose inspiration comes from the positivist theory of Hans Kelsen, and was adopted by the Austrian Constitution of 1920. According to the abstract control the supervision of law is given to a Court or Constitutional Court, responsible for the analysis of the legal constitutionality independent of its application to a specific case. In Brazil the role of concentrated control was handed over exclusively to the Supreme Court, which serves as the Constitutional Court, which accumulates that function with other constitutionally provided jurisdiction. Throughout this period, from 1891 until today, Brazil has maintained a dual system of judicial control of legal constitutionality, where they coexist and harmonize the diffuse control exercised by any organ of the Judiciary, and concentrated control of competence the Supreme Court. However, one must recognize that with the advent of the Federal Constitution of 1988, the concentrated control has emerged on the national stage due to two important factors: the expansion of the legal capacity to sue and the inclusion of other ways control, besides the already known Direct Claim of Unconstitutionality. This concentrated control and projection of the Supreme Court s attempt to become a true constitutional court, led to a relative weakening of diffuse control even when performed by the Brazilian Constitutional Court. In order to become a true constitutional court, all decisions handed down by the Supreme in the exercise of constitutional jurisdiction should have the same weight and the same measure, or at least bring improvement to similar effects, once is the responsible for the final word when it comes to constitutional interpretation. Thus, the writs of certiorari and stare decisis were responsible for profound changes in the diffuse control, allowing the Supreme Court can strengthen its decisions even in the diffuse control. These two institutions have substantially changed the legal status of diffuse control, allowing an extension of the effects of decisions handed down by the Supreme Court, so that you can no longer be said that the effects of this control to restrict the disputing parties in the process

Os antagonismos da integração sul-americana na ordem jurídica brasileira

The economic regional integration is a phenomenon observed in numerous occasions inside the global economic reality. Watchful to that phenomenon, the 1988 s Brazilian constitutional order establish in its 4th article, single paragraph, the commitment to seek for the Latin- American integration, as a Fundamental Principle to the Brazilian Federative Republic. Regarding the mentioned constitutional disposition s realization, the Brazilian State celebrated, specially, the 1980 s Montevideo Treaty, creating the Latin-American Integration Association, and the 1991 s Asuncion Treaty, performing the duty to establish a common market, in sub regional level, with Argentina, Paraguay and Uruguay, called Mercado Comum do Sul. However, due to an addiction to a wrong comprehension of State s Sovereignty Principle, the Constitution imposes to the international rules an incorporation process, without providing any privilege to those ones regarding the integration constitutional disposition s realization, whether original or derived. The Brazilian s Supreme Court, as matter of fact, affirmed that it is not possible, facing the actual constitutional order, to grant any character of preference. Also in the controversies solution mechanism, responsible for the law s execution in case of its noncompliance, where found malfunctions, most notably the system s open character and its excessive procedural flexibility, in addiction to restricting the access of individuals. It follows from these findings, then, the lack of legal certainty provided by the Mercosul s legal system, considering its effects both international and within the Brazilian state. Among the possible solutions to reduce or eliminate the problem are using the practice of the so-called executive agreements in the Mercosul s original rules incorporation to the Brazilian state, the creation of a Mercosul s court of law and/or a constitutional reform

O piso salarial nacional: a valorização do professor na Constituição de 1988

The paper investigates the legal mechanisms used by the Legislature and the Executive to implement the constitutional principle of the teacher s minimum wage, which is proclaimed in the Constitution as a strategy of professional appreciation for this category. The text demonstrates that the legal mechanisms used to value the teacher were: the 1988 Constitution, the constitutional amendments to this Charter updated and modified the original text in relation to the matter, and finally, the Minimum Wage Law . Article nº 206 of 1988 s Federal Constitution established that basic education teachers, who work in public schools, would be entitled to a national minimum wage. Law nº 11.738/2008 ( Minimum Wage Law ) regulated the matter and made other determinations on the relationship between the State and the teachers such as the establishment of parameters for the distribution of the workload of teachers. Based on this law, since 2009 the minimum wage has been set annually by the Federal Government. However, state governments and municipalities throughout Brazil protested prescriptions contained in the Minimum Wage Law . In this context, some governors and mayors led the Supreme Court regarding the constitutionality of this law. The complainants considered that there was unconstitutional by the following: definition of the teacher s workday, which in the complainants point of view was competence of local governments; ensuring that teachers receive salaries tied to the minimum wage with retroactive effect; transformation of the minimum wage in basic salary, lack of sufficient budget in the states and municipalities to honor with the new values to be paid to teachers and, finally, determining workload for the teacher to perform other activities besides classroom activities. At the trial held at the STF the majority of Ministers rejected the claim and considered that the Minimum Wage Law , taken together, was constitutional. However, this decision did not alter the position of the managers or the interpretation of the ministers who agreed with the unconstitutionality of some aspects of the law. This means that one law can present differences in interpretation between ordinary people and among members of the Judiciary. The search showed the following conclusions: the law is not a definitive parameter of justice, because it is deeply linked to various interests; the development, implementation, and judgment of laws dealing with minimum wage of teaching are linked to historical and cultural aspects of society; the demand for enhancement of teacher and setting a minimum wage has only emerged in the late twentieth century, a fact explained in this work based on data that indicate the recent concern of Brazilian State with schooling a phenomenon typically Republican and with the professionalization of teaching emerging concern from the knowledge society; the Legislative and Executive search mechanism to implement the minimum wage of the teachers because of the contemporary need for professionalization of teaching

Efeitos do treino em esteira na marcha com dupla tarefa de indivíduos com doença de Parkinson: ensaio clínico controlado randomizado

Background: The gait automaticity loss difficults realization of concurrent activities - Dual Task (DT). In these situations, individuals with Parkinson`s disease (PD) show a significant reduction in gait velocity and stride length, as strides variability and asymmetry increased, factors predisposing to falls. However, recent studies have shown that training involving DT may cause subsequent improvements in gait variables with DT in individuals with PD. The treadmill use was adopted by this study, by promoting greater regularity in step and enhance training. Objective:To investigate immediate effects of gait training associated with cognitive tasks on gait in individuals with PD. Methods: Twenty-two volunteers were randomly divided into two groups: control group (n = 11), who performed gait training on a treadmill for 20 minutes, and the experimental group (n = 11), who performed treadmill gait training for 20 minutes associated with cognitive tasks of verbal fluency, memory, and spatial planning. Participants were evaluated in phase on of antiparkinsonian medication as the demographic, clinical and anthropometric (identification form), cognitive status (Montreal Cognitive Assessment - MoCA), executive function (Frontal Assessment Battery), level of physical disability (Hoehn and Yahr Modified), motor and functional status (Unified Rating Scale for Parkinson`s Disease - UPDRS), and kinematics (Qualisys Motion Capture System). Results: There were not differences between groups, but both showed improvement after the intervention. The control group had an increase in velocity (p = 0.008), stride length (p = 0.04), step length (p = 0.02) and decreased double support time(p = 0.03). The experimental group showed an increase in speed (p = 0.002), stride length (p = 0.008), step length (p = 0.02) and cadence (p = 0.01), as well as a decrease in the width stride (p = 0.001) and total support time (p = 0.02). As the angular variables, the experimental group had a significant increase in the initial contact angle of ankle (p = 0.01). Conclusion: The gait training combined with cognitive activities didn`t provide significant improvements in gait variables with DT, but this study was the first to demonstrate that gait training on treadmill as simple task minimized the negative interference of DT in PD

Cargos comissionados da administração pública direta do Rio Grande do Norte: análise comparativa entre o perfil profissional dos cargos comissionados com vínculo funcional e sem vínculo funcional

The professional profile of public administrators in Brazil is changing very rapidly in recent years, seeking to meet the principle of efficiency by public agencies at all levels. The admission of the permanent government employee under the Public Administration is by competition, however, commissioned positions are free appointment of managers, which allows effective participation of external experts according to their respective standards and norms. In this context, this dissertation seeks to understand the main characteristics of the profile of the occupants of commissioned positions in Direct Public Administration of the State of Rio Grande do Norte, noting the differences between those with functional link with the have nots. For this study, by data collection and content analysis, a mapping of the administrative structure of the Government of the State of Rio Grande do Norte was done, i.e., the organization of the Executive Branch, which is regulated by the Complementary Law no. 163/1999 and its amendments, which consists of 53 (fifty three) entities, these 29 (twenty nine) are agencies of the direct administration and the remaining 24 (twenty four) comprises the indirect administration. With the collected data, analysis on the number of commissioned positions of each organ of the State of Rio Grande do Norte and information on education, age, length of service, gender and functional link with the direct administration was carried out. Data were available from SEARH in June/2013, when they totaled 58,733 (fifty-eight thousand seven hundred thirty-three) servers, these 2.15% (two point fifteen percent) occupy commissioned positions, corresponding to 1,262 commissioned positions under the Direct Administration, below the national average of 4% (four percent). Of total commissioned positions 64.7% (sixty-four point seven percent) have no functional link with the direct administration, while only 35.3% (thirty -five point three percent) have functional link. It was noticed that there are no clear and specific criteria for the appointments of commissioned positions in the State. They occur freely, as provided in the State Constitution. Another conclusion is the importance of Public Administration define and improve their capacity, competence and efficiency in the delivery of public services. For that it is necessary to invest in their workforce composed of permanent employees and commissioned positions to define the appropriate professional profile

Avaliação do padrão do ciclo sono-vigília e a cognição em estudantes de medicina com diferentes esquemas de horários de aulas

The sleep patterns of students entering the university, is accompanied by many factors that can lead to changes in sleep habits, such as academic demands, new social opportunities, reduced parental care and irregular teaching schedules. The irregular pattern of sleep-wake cycle is usually accompanied by several daytime consequences, for example, reduced levels of motivation, performance, concentration, alertness and mood as well as increased fatigue and sleepiness.Thus, there are numerous reasons to support the fact that these students may suffer damage in their academic performance. The aim of this study was to evaluate the sleep-wake cycle (SWC) and cognition in medical students with different schemes teaching schedules. One group started classes at 08am, while the other started at 07am. We analyzed the data from 88 volunteers, 39 from each group. However, only those who participated in both stages of the study (n = 78) underwent cognitive testing. For subjective evaluation of the SWC was used questionnaires to check the quality of sleep, chronotype, daytime sleepiness and sleep habits. For objective evaluation was used actigraphy. For cognitive assessment was used the test MoCA (Montreal Cognitive Assessment). The results indicate that the group has class earlier had a greater irregularity of the SWC and a worse performance in cognitive testing. There was a difference between the schedules the week and weekend in the subjective variables, bedtime, wake up and sleep duration in both groups. The objective variables, time in bed showed difference between the schedules the week and weekend to the group started class at 08am and the variables bedtime, get up time, actual sleep time, time in bed and wake bouts in the class at 07am. In the cognitive test, there were differences between the groups in overall score and in the areas of executive function and memory recall. Thus, it is suggested that the class starting time may cause irregularity of the SWC and the irregularity may cause mild cognitive impairment. Moreover, cognitive testing MoCA was sensitive to detect differences among students, although the difference between the schedules is small

Benefits of physical exercise on executive functions in older people with Parkinson's disease

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Atividade física sistematizada e desempenho cognitivo em idosos com demência de Alzheimer: uma revisão sistemática

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Balance, executive functions and falls in elderly with Alzheimer's disease (AD): A longitudinal study

Elderly individuals with AD are more susceptible to falls, which might be associated with decrements in their executive functions and balance, among other things. We aimed to analyze the effects of a program of dual task physical activity on falls, executive functions and balance of elderly individuals with AD. We studied 21 elderly with probable AD, allocated to two groups: the training group (TG), with 10 elderly who participated in a program of dual task physical activity; and the control group (CG), with 11 elderly who were not engaged in regular practice of physical activity. The Clock Drawing Test (CDT) and the Frontal Assessment Battery (FAB) were used in the assessment of the executive functions, while the Berg Balance Scale (BBS) and the Timed Up-and-Go (TUG)-test evaluated balance. The number of falls was obtained by means of a questionnaire. We observed a better performance of the TG as regards balance and executive functions. Moreover, the lower the number of steps in the TUG scale, the higher the scores in the CDT, and in the FAB. The practice of regular physical activity with dual task seems to have contributed to the maintenance and improvement of the motor and cognitive functions of the elderly with AD. (C) 2011 Elsevier B.V. All rights reserved.