888 resultados para conceptions
Resumo:
The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule
Resumo:
The study undertakes the analysis of the constitutional warranty principle of the Absolute Priority of the children and adolescents fundamental rights concerning to the sense, reach, content, addressees and effectiveness. Then, we begin with the study of the Constitution, text where is inserted the principle on examination, opportunity on which it verifies the concept and conceptions of the Constitution, theories, functions, it normative power and the constitutional feeling. Soon after, the fundamental rights theory is analyzed, focusing your origin, importance, functions, protection, restrictions, duties, characteristics and effectiveness. Then, it is led in general to the place of the principles, moment that leans to their concept, evolution, functions, classification and characteristics. Finally, it is appreciated the principle of the Absolute Priority approaching to the meaning and reach, the normative force and importance, historical precedents, materialize rules, addressees and its normative power and enforcement
Resumo:
This article is about a study about the training needs for teachers of elementary school in the field of Geography. It is our objective to grasp their conceptions of training needs and reflect about their formative needs to teach geography. We consider the training as reflective process that involves the movement of changes and improvement beyond of formal learning, considering its numerous dimensions. We reflected about formative needs in light of the readings of Rodrigues Esteves (1993), Silva (2000), Roberts (2006), Vieira (2010). The discussions about conceptions were based on Ferreira (2007). The empirical reference constitutes to a private school in the city of Ceará-Mirim/RN, SECAT Centro de Ensino. The social subjects of our research are five teachers who work in the initial years of elementary school. We resorted a survey (auto) biographical, based on the studies of Passeggi (2011), Delory (2008), Bertaux (2010) e Josso (2010), since it is our intention to turn to the historicity of the subject and the learning, recognizing the links between him and the world and the experiences based on for learning and adult training. As technical and methodological procedure we will use the Training Narratives, whose application allows the understanding of memories and stories of schooling teachers, since are reported events occurred during the development of the individual through seminars Biographical. We observed on the narratives constructed by the teachers the absence assignments of meanings to a reworking of the theoretical formative needs and questions of its organizing principles. However, we notice the teachers were able to develop senses and means to conceive the phenomenon in study, in a descriptive way, through articulated enunciations, including aspects and opportunities linked to their teaching practices and future formative prospects. Regarding School Geography, we based our studies in the reflections of Smith Junior (1994, 2000), Tonini (2003), Vesentini (2004) and Vlach (1991), among others. We verified that the needs evidenced by the teachers to teach geography were constructed from the contexts of their teaching practices present in their school and professional trajectories. Therefore, we noticed the need for formal pedagogical qualification so that we can conceive the phenomenon in study beyond its descriptive character, understanding that it is necessary to point out reflections and questions about the dynamics of production of global capital, which conveys its interests in the contexts that often emerge formative needs of the educational system
Resumo:
The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed
Resumo:
The existence of inequalities among the Brazilian regions is an indeed fact along the country s history. Before this reality the constitutional legislator inserted into the Federal Constitution of 1988, as a purpose of the Federative Republic of Brazil, the reduction of regional inequalities. The development has also been included as a purpose from the State, because there is an straight relation with the reduction of regional inequalities. In both situations is searched the improvement of people s living conditions. . In pursuit of this achievement, the State must implement public policy, and, for this to happen, it needs the ingress of income inside of the public coffers and support of economic agents, therefore the importance of constitucionalization of the economic policy. The 1988 s Constitution adopted a rational capitalism regime consentaneous with current legal and social conceptions, that s why it enabled the State s intervention into economy to correct the so-called market failures or to make the established objectives fulfilled. About this last one, the intervention may happen by induction through the adoption of regulatory Standards of incentive or disincentive of economic activity. Among the possible inductive ways there are the tax assessments that aim to stimulate the economic agents behavior in view of finding that the development doesn t occur with the same intensity in all of the country s regions. Inside this context there are the Export Processing Zones (EPZs) which are special areas with different customs regime by the granting of benefits to the companies that are installed there. The EPZs have been used, by several countries, in order to develop certain regions, and economic indicators show that they promoted economic and social changes in the places where they are installed, especially because, by attracting companies, they provide job creation, industrialization and increased exports. In Brazil, they can contribute decisively to overcome major obstacles or decrease the attraction of economic agents and economic development of the country. In the case of an instrument known to be effective to achieve the goals established by the Constitution, it is duty of the Executive to push for the law that governs this customs regime is effectively applied. If the Executive doesn t fulfill this duty, incurs into unjustifiable omission, correction likely by the Judiciary, whose mission is to prevent acts or omissions contrary to constitutional order
Resumo:
The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system
Resumo:
The present study has as goal to analyze the aplicability of the computational technology as mediator in the english-speaking teaching in the Centro Federal de Educação Tecnológica do Rio Grande do Norte-CEFET/RN. The object of study was centered in the use of the computer incorporated in the teaching of English by four institution groups. The research was ruled metodologically in the study of case, adopting a qualitative and quantitative boarding of interpretative-reflexive mark. We support ourselves on a bibliographical literature revision that cares of the use of the computational technology matter into the class-room, aiming an education new practice, regarding the current reality conceptions in what we live in the technological education. We also use a referencial for a pedagogical action, trying to offer subsidies for a practice that provides the knowledges generation through the interaction, aiming a subject reflexive and critical education. For materialization of this study, we used esrutuctured action, as interviews for the teachers and students, besides the observations of the dayly in class-room, in order to get the necessary datas for analysis. During this study, we oserved that the use of the computer, while pedagogical support instrument in the english-speaking teaching, has acted like mediator of the teaching-learning process. The results demonstrate use of the computer use has been each more a practice adopted by other institution languages teachers. The conclusions confirm the hypothesis showed at the beginning of the work and evidence that the teachers are warden of forming thinking, reflexive and critical subjects. For that, they need to be prepared to face situations in which they can take the pedagogical practice to tune with the technological advances, consequently providing an effective technological education
Resumo:
This study - Biologist s formative speech about death. Nuances and metaphors from knowing that the subject of do not want to know - shows a marginal cognitive construction in scientific education from biologist - death. It considered as obvious that death is a theme that covers both the scientific education from biologist and the division of the subject, and concerns the splitting of the double life-death and the principles of inclusion and exclusion of the subject. Part of sensitive question: What is the epistemological weave who supports biologist's speech about death? It is constituted an object of study of the biologist s speech on death. It is advocated the thesis that: Death is an epistemological obstacle announcing for something always aims to escape from the perspective of knowledge, especially of scientific knowledge because, since it is understood as cognitive learning about the disruption of biological phenomenon life which is involved on weave of imaginary and symbolic constructions about the finiteness of life; it has constituted a metaphorical knowing - encouraged by the noisy silence - which does not allow to know in full, mobilizing hence subject in searching for transitional truths that reduce the ontological being-mortal anguish centered in subjective dimension involved in the act of knowing. From this movement of search that the object mental life after death wins a symbolic value that requires a real-looking multi-referential for the study of biology - life - and its implications: the finiteness of life, especially by moving the omnipotence of scientific objectivity expressed by signs and symbols that seek say the completeness of scientific knowledge-, signaling thus the existence of the dynamics of incompleteness implicit in subjectivity that supports knowledge relating to the double, life and death, and to the temporality of the existence of Homo sapiens sapiens, with the axis guiding the desire of the subject, do not want to know about death, implicit in the mechanisms objective-subjective founded by non-said of death is the epistemology of the existence of objective-subjective subject, whose core is the negation of death. The theoretical methodological knowing web is anchored in the multi-reference which favors a transit by theoretical current, as the Psychoanalysis, bachelardian philosophy, the epistemology of complexity, the Thanatology, the Social Psychology, and Etnocenology, and Understanding Interview. The unveiling of the study object from the analysis of oral speech of eleven biologists who serve in high school, from three main guiding: Death in the history of life,Death in biologist s academic education and, Conceptions about concepts
Resumo:
The most recent data of the Brazilian Test (BRAZIL, 2005) and of the SAEB (BRAZIL, 2007) have reaffirmed the serious situation of the Brazilian public school, where great part of the students, after to conclude 4º year of basic education, does not present minimum knowledge of reading and writing. In this picture, the situation of the state of Rio Grande do Norte, whose students had presented, in the last evaluation is particularly difficult, the worse performances of the country, in this area. The data also discloses that the failure pertaining to school, closely tied with the failure in the literacy, not only remains, as takes other aspects. In consequence of this picture, the literacy, even so widely argued in the last few decades, still instigates inquiries, as it is the case of this work. Our study got shaped due to reflections, as much to the theorizations to which we had access, as of the emergent questions of ours pedagogical practice. Through the past three decades, the studies in the area of literacy with the purpose to understand the constituent nature of the process, its aspects and its determinative ones has been intensified. The produced knowledge has contributed for the overcoming of the reductionist form as if it thought/thinks, in some contexts - this process. Such statements impel them to reflect concerning what is happening in the school, limiting or making possible the pertaining to school success. With these concerns, we delimit, as focus of study, the teaching action, having the following stunning question: What to make professors, in the context of the public school, to propitiate or hinder the process of literacy of the children? In this direction, our object of study is to make them professors who can propitiate or hinder the process of literacy of the children, in the context of the public school. The objective work to investigate, from practical of professors the teachers, that to make professors related to the literacy process - they can propitiate or hinder the learning of the written language, for the pupils of the public school, at the beginning of the school process. The work if inscribes in the qualitative boarding of research and if it configures as a case study, with characteristics of Research-Action, inspired by the following principles: authenticity and commitment and systematic restitution. For the retraction of the data, they had been used: half-structuralized interview; participant comment; meeting of studies and reflection; register in daily of field. We define as locus of study, a school of public net and, more specifically, a group of the initial years of school process that integrates the cycle of literacy . Of the five invited teachers, only one demonstrated interest in participating of the work. Its group of first year of the First Cycle of basic education is composed for 34 children, with ages between six the nine years. The data constructed by means of the described procedures, as well as its analysis, make possible to identify, between the many aspects and to make that they compose the pedagogical dynamics in the context of classroom, the following categories to make articulated with the literacy process: 1. To make of practical the relative ones to the planning, understood as To make relative: 1,1 distribution of the time-space/routine; 1.2 to the didactic activities and/or sequences and teaching interventions; 1.3 to the organization/election of the contents; 1.4 to the materials/didactic resources and 1.5 to the evaluation. 2. To make relative to the interaction professor-pupil, systemize in: 2.1 attention to the diversity; 2.2 to the affectivity. These to make, in the form as if materialized in the practical one observed, had been reflected, jointly with the teacher, as constituting parts of obstacles to a perspective of literacy. By means of the sharing of the reflections, anchored in theoretical conceptions concerning the practical one of teach-learning and, more specifically, of literacy, we register indications of new meanings of these to make on the part of the teacher in conducting them as providers of learning of its pupils, first purpose of its teaching performance. This finishing, possible synthesis at this moment is, therefore, point of fond and departure for new studies
Resumo:
The present study investigates and analyzes the participation of the teacher Lia Campos, during the 50 s and 60 s years, in the norte-riograndense educational organization. The choice of the period is justified because was at this the time what this teacher remained in the potiguar lands, working in favor of the education. In the search of data that informed me concerning her actions, I cover quantities as the Public Archive of the Great River of the North, Historical Institute and Geographic of the Rio Grande do Norte and the Center of Supplementary Studies Teacher Lia Campos, in the task to obtain photographs and verbal stories of friends and fellow workers, periodicals of the time, laws and decrees. Based on the primary education, the work of Lia Campos shows the relevance of the teaching formation for this level of education and the way as the ones that in it work can lead their conceptions and daily practical tasks. This way, I evidence that the cited teacher promotes, in this State, a series of activities as: survey and systematization of the school net; organization of the administrative stuff of the schools; qualifications and courses of improving for lay professors, as well as implantation of the Law of the Education nº 2.171/1957. Through this analysis I show as this teacher left printed her mark in the Rio Grande do Norte historiography by means of her actions, being therefore remembered for that they had followed her experience in norte-riograndense lands
Resumo:
The studies in the education area have been defending the importance of forming autonomous teachers that they look for to understand the context in that they act, for that movement to make possible educational interventions with better conditions of the students' learning. In the extent of the teachers' formation, it has been discussed the importance of formative actions that they have as focus the analysis of the needs in the educational formation, as alternative to turn such more significant actions. Concerned with those subjects and with the school failure in the Brazilian education, especially in the children's of the public school literacy, we accomplished this work that aims at to investigate the needs of teachers' of the Fundamental Teaching of the public school formation, in the extent of their students' orthographic difficulties, building with those teachers knowledge on the process of teaching/learning spelling. The study was accomplished at a municipal school of the city of Parnamirim-RN, that offers the Fundamental Teaching I. the approach investigativa is of qualitative nature, where the case study and the research-action were used as methodologies. They participated in the research 7 teachers and 1 coordinator of the institution. For the construction of the data the following instruments were used: glimpsed semi-directing collective and individual, documental analysis, questionnaire and observation, that made possible the triangulation of the data for the content analysis. The main results pointed that the teachers' of that school initial needs were addressed not only to the teaching of the spelling, but also to the formation type that they would receive. We verified although the formative process was favorecedor of sockets of the teachers' conscience: related to the orthographic mistakes, to the strategies used at classroom and to the planning addressed to the teaching of the spelling. Finally, we concluded that the teachers' reflection researched about their own formation needs contributed for (trans)formations of their conceptions and practices related to the teaching of the spelling, even before some found difficulties, so much in the formation as in practice pedagogic developed by the participants
Resumo:
This work has proposed to relate the experience product of a pedagogical intervention, performed in a public institution of teaching situated in this capital. It had as objective to validade the applying of a teaching module of geometry, more specifically about the conceptions of perimeter and área in the second cycle of fundamental teaching. This dissertation has presented the problematic which involves the teaching of geometry in different contexts. It has adopted the broach of the radical constructivism while methodological theoretical referencial through which it has tried to explain the phenomena that involves the teaching and the apprenticeship. It appropriates Jean s Piaget contributions related to the development stages, while referencial that will dialogue in the search by sense and comprehension of the geometric apprenticeship process and it runs over Richard s Skemp (1980) theory in order to explicit the student s apprenticeship according to the levels of instrumental comprehesion and relacional comprehension . The research has presented datum related to initial diagnosis evaluantion, the pedagogical intervention and analysis of the activities and students perfomance displaying still the results of the final evaluation. According to the results got, we could check the students group growth front to the acquisition of the concepts of perimeter and área in comparison with the previous knowledges presented in the initial diagnosis evoluation of the students participants of the research. We have concluded evaluating the objectives of the research, connecting the strategies and reasoning employed by the students in order to resolve the questions and then to reach the objectives proposed by the teaching module. We have presented still the main obstacles to the apprenticeship of such concepts
Resumo:
From the investigation, analysis, discussion and pondering about the activities developed by the lndians from the Porteira hamlet, members of the Xerente community, in the Tocantins state, we developed an investigative and descriptive study about the reality of this people with the aim of helping in the conceptual formation and in the reorientation of the pedagogical practice of the local teachers. In this sense, the undertaken research involved the teachers, the main representatives and experts in that cultural tradition, in order to investigate how the everyday activities (agriculture, food handling, assets distribution among the community members, etc.) and the cultural tradition (log race, body painting, clan division, Xerente numeration, Indian myths and histories, etc.), may enable the contextualization of the mathematics teaching in the lndian School Srêmtôwê of this hamlet, under a more transversal and globalizing perspective of the local and school knowledge. We based this research in the sociocultural conceptions of knowledge generation proposed by D Ambrosio (1990; 2002); Vergani (2007); Oliveras (1996); Gerdes (1991; 2002); Bishop (1999) e Sebastiani Ferreira (1997; 2004). ln the process of this study we propose some viable ways so that the Indian teachers may reorganize their classroom knowledge and actions, based in the strengthening of their history and culture. The observation of some social practices and knowledge as well as of the Xerente traditions helped us to point some possibilities of projection of a didacticalpedagogical dimension of these activities and practices, in the development of the school mathematical knowledge in this community
Resumo:
This work is an analysis about the teacher's formation starting from certain aspects of its culture. It is supposed that the teacher is constituted in an individual that acts starting from singular aspects, in an individual point of view, but at the same time it interacts with other individuals in an environment strongly marked by the culture. Those two dimensions are representatives of the socio-cultural characteristics and they can be seen in the perspective of the individual and collective identity. Based on those presuppositions we chose, as reference, four environment of formation: the family, the school, the work and the Movement of the Rural Workers Without-Soil/MST (MST: The without-soil-ones in Portuguese) observing as the teachers refers to those environment highlighting, mostly, the formative aspects stood out. The individuals researched are teachers involved in the education of settled communities, who are students of the Earth Pedagogy course of the Universidade Federal do Rio Grande do Norte/UFFRN. For our analyses, we used narrative texts, written by the teachers, as conclusion of the discipline History of the Brazilian Education in which they tell their life histories. The speeches show as the environments of reference influence in their world conceptions, attitudes and values that not just mix in an individual dimension, but also collective. The research make us reflect about the possibility to think on the educational action starting from that understanding of wide formation considering the present elements in the courses of teacher's life
Resumo:
Le texte se rapporte à une recherche sur les conceptions d enseignants concernant l inclusion scolaire d élèves sourds , et leurs ralations avec les pratiques qu ils développent dans les classe régulières. Elle a été conduite dans une école publique régulière appartenant à la commune de Assu RN, et dont le choix méthodologique a été une approche qualitative, du genre ethnographyque. La construction des données devient d un processus d observation, de l application d entretiens demi-structurés et de l analyse de documents, ayant pour sujets quatre enseignants des années initiales de l enseignement fondamental. L apport théorique de base a été la théorie socio-culturelle proposée par Vygotsky (2003 ; 2005), censée traduire la compréhension de l homme dans sa dimension historique et culturelle, et mettre en évidence l interaction sociale en tant que condition pour le développement des individus. Les données font connaître que les enseignants sujets de la recherche sont favorables à l inclusion scolaire des élèves sourds dans les classes régulières, néanmoins soulignent le besoin d un changement à l école pour que l inclusion devienne une réalité. Les enseignants sont d avis que l apprentissage des élèves sourds se fait d une façon qui met trop de temps, moyennant l utilisation de recours spécifiques, tels que l usage du langage des signes (Libras). Ils signalent les difficultés qu ils doivent faire face quand il s agit de travailler pédagogiquement avec ces élèves dans le quotidien, telles que : manque d un travail collectif à l école ; besoin d une formation spécialisée ; démonstration de sentiments de peur, ou préjugés de la part de quelques uns du personnel de l école , tout celà interférant directement dans leurs attitudes et leurs actions faces aux élèves ; manque d appui des instances administratives de l école ; absence de politiques consistentes pour guider l éducation sous un regard inclusif. Quant aux pratiques pédagogiques développées à l école, la recherche laisse voir que, par rapport à la présence des élèves sourds, très peu d adaptations y ont été introduites, d où se dégage que la planification des actions éducatives à l école se tourne, prioritairement, vers les élèves qui écoutent, c est-à-dire, vers un groupe apparemment homogène. On a constaté, en plus, qu il n existe pas à l école aucun professionnel habilité pour l établissement d un processus de communication avec les élèves sourds. Malgré ces difficultés, les enseignants avouent, quand même, que travailler avec ces élèves rapporte toujours des bénéfices, tels que la collaboration et le respect mutuels chez les élèves, l acquisition de nouveaux savoirs et l amélioration de la pratique pédagogique des enseignants