1000 resultados para Interpretação conforme a Constituição
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The Brazilian juridical ordain has suffered several transformations on Family Law as of the 1988 Federal Constitution, which incorporated the changes in socio-cultural values and behaviors that appeared in the post-modern Brazilian society, with the repersonalization of the family, beginning with the principles of human dignity, affectivity and familiar solidarity; occurring an enlargement of the concept of family, increasing the relevance of socioaffectivity and eudaimonia. The general purpose of this dissertation is to analyze the constitutional interpretations of paradigmatic cases of the Brazilian Superior Courts checking the conditions and behaviors required to achieve the principles of affectivity and familiar solidarity. To do so, uses an exploratory and descriptive research trough books, scientific papers, jurisprudence, monographs and consult to specialized magazines to identify the reasons and specific purposes of the principles of affectivity and family solidarity within the constitutional norms, systematizing the primary meaning of these principles, then to observe the trial of patriotic courts, the criteria and standards of behavior used in their application. The analysis of recent decisions of the Supreme Federal Court and the Superior Court of Justice on the topic of the familiar relations, utilizing the new interpretative approach to the law that considers man as an ontological being of language, demonstrate that the affectivity and familiar solidarity are constitutional principles concretized in decisions, that don’t affect the principle of protection of the juridical security, that is, don’t cause uncertainty despite the incipient specification of criteria to its use
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The Federal Constitution, in Article 1, sections III and IV, lifted the work as the foundation of the Federative Republic of Brazil, including work as a social guarantee in Article 6, listing in its Article 7 minimal guarantees role with respect to social rights of workers. Although elevated to constitutional rights, these social rights of workers have in the judicial interpretation of the characteristic elements of the employment relationship, sometimes a mismatch with the legal and constitutional order, when, in deciding not ponder such elements, causing damage economic and social benefits to all workers, thus affecting the very constitutional basis of worker protection, there is therefore situations in which there must be part of unavailability of rights by the employee. Therefore, identifying the characteristic elements of employment, means allow immediate legal finding about possible illegality perpetrated by the employer, precisely because the sentence recognizes be merely declaratory noting, therefore, the elements that make up the juridical system normative in order to establish the characterization of employment in step with the effective observance and guarantee of social rights and therefore the employer's performance limiter as pertains to hiring and employee dismissal. This point is it's main element of this work, which is fundamental for the exegesis of the theme to limit the autonomy of the will. There is no denying, therefore, the need to extend the effects of these guarantees in the employment contract. In this context, therefore, jumping the guarantees of employees, embodied in particular in the Consolidation of Labor Laws, and especially in the Federal Constitution and international protection instruments to ensure the fundamental right to secure employment relationship, where technological advancement, social and economic, reflect directly, such as the parassubordinação, and claiming more and more systematic resolutions, especially when evidence gaps' values, which elevate the debate about the need for increased use of precedents of order to support the judgments, often beset with aspects of unconstitutionality, all in compliance with the integration of standards, seeking legal enforcement of this bond and providing legal certainty, there emerged, so the essence of the theme: discuss to what extent the distortion of employment limits the effectiveness of social rights and what its legal effects, since the constitutional standard for social guarantees protects equally worker admission.
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This work aims to contribute to theoretical and methodological analysis of writing the history of Brazilian cinema. The object of this study the trilogy of articles in Cinema: the trajectory of underdevelopment regimented, the critic and historian Paulo Emílio Salles Gomes, seeks to understand the process of setting up a web interpretative history of our film based on this work and how to rescue its historicity.
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Tese (doutorado)—Universidade de Brasília, Faculdade de Educação, Programa de Pós-graduação em Educação, 2015.
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Tese (doutorado)—Universidade de Brasília, Instituto de Artes, Departamento de Artes Visuais, Programa de Pós-Graduação em Arte, 2015.
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Tese (doutorado)—Universidade de Brasília, Faculdade de Educação, Programa de Pós-graduação em Educação, 2016.
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Tese (doutorado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2016.
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Dissertação (mestrado)—Universidade de Brasília,Instituto de Ciências Humanas, Programa de Pós-Graduação em Filosofia, 2015.
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Tese (doutorado)—Universidade de Brasília, Instituto de Ciências Humanas, Departamento de Geografia, Programa de Pós Graduação em Geografia, 2015.
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This paper discusses theoretical results of the research project Linguistic Identity and Identification: A Study of Functions of Second Language in Enunciating Subject Constitution. Non-cognitive factors that have a crucial incidence in the degree of success and ways of accomplishment of second language acquisition process are focused. A transdisciplinary perspective is adopted, mobilising categories from Discourse Analysis and Psychoanalysis. The most relevant ones are: discursive formation, intradiscourse, interdiscourse, forgetting n° 1, forgetting n° 2 (Pêcheux, 1982), identity, identification (Freud, 1966; Lacan, 1977; Nasio, 1995). Revuz s views (1991) are discussed. Her main claim is that during the process of learning a foreign language, the foundations of psychical structure, and consequently first language, are required. After examining how nomination and predication processes work in first and second languages, components of identity and identification processes are focused on, in an attempt to show how second language acquisition strategies depend on them. It is stated that methodological affairs of language teaching, learner s explicit motivation and the like are subordinated to the comprehension of deeper non-cognitive factors that determine the accomplishment of the second language acquisition process. It is also pointed out that those factors are to be approached, questioning the bipolar biological-social conception of subjectivity in the study of language acquisition and use and including in the analysis symbolic and significant dimensions of the discourse constitution process.
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The aim of this paper is to discuss some rhythmic differences between European and Brazilian Portuguese and their relationship to pretonic vowel reduction phenomena. After the basic facts of PE and PB are presented, we show that the issue cannot be discussed without taking into account secondary stress placement, and we proceed to present the algorithm-based approach to secondary stress in Portuguese, representative of Metrical Phonology analyses. After showing that this deterministic approach cannot adequately explain the variable position of secondary stress in both languages regarding words with an even number of pretonic syllables, we argue for the interpretation of secondary stress and therefore for the construction of rhythmic units at the PF interface, as suggested in Chomsky s Minimalist Program. We also propose, inspired by the constrain hierarchies as proposed in Optimality Theory, that such interpretation must take into account two different constraint rankings, in EP and BP. These different rankings would ultimately explain the rhythmic differences between both languages, as well as the different behavior of pretonic vowels with respect to reduction processes.
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The main objective of this work is to discuss the notion of metalanguage concerning the use of thesaurus (symbols systems, functions indicators, descriptors) utilized by indexers for article representation in computerized bibliographical databases. Our corpus comprises article abstracts and bibliographical database descriptors LILACS (Literatura Latino-Americana em Ciências da Saúde) and SOCIOFILE Sociological Abstracts. We aim at clarifying the effects of subjectivity in the functioning of indexing taking account the grounds for interpretation that allow different meanings.
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Universidade Estadual de Campinas . Faculdade de Educação Física
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Universidade Estadual de Campinas . Faculdade de Educação Física
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Universidade Estadual de Campinas. Faculdade de Educação Física