Liberdade de expressão: amplitude, limites e proteção constitucional no deireito brasileiro.

This dissertation focus, as main objective, to address the issue of fundamental rights and political freedoms of the individuals, guaranteed by the Constitution of 1988, with emphasis of study in the constitutional guarantee of freedom of speech, as well as in national related constitutional law institutions and its derivatives, and the connection with the historical and political affirmation of fundamental human rights and its importance for the construction, maintenance and consolidation of constitutional democracy in the Federative Republic of Brazil. This paper mainly deals with aspects of juspostive nature, focused mainly within its doctrinal aspect, making, for such, references both to the patrian doctrine and the foreign one, without forgetting the necessary jurisprudencial focus and analysis of the positive patrian planning with references to comparative law, in order to describe and analyze the emergence, evolution and dissemination of the institute, both in the major countries of the Western World and along the Brazilian constitutional history.

A materialização da dignidade da pessoa humana e o cumprimento das penas privativas de liberdade

The current research come from need to analyze possibilities to materialize human dignity principle during freedom curtail penalties fullfilment, abreast finding that internal and international regulations dictate this is the way to be tread by Brazilian penitentiary system, however, verily, indignity, assistance missing, overcrownding, crime, in the end, barbarie reigns. The work will analyze two strands in order to effective the mentioned principle: the state responsability optics, such in internal scope, as internationally, abreast historical omission in satisfy Constitution, international treaties and laws; and also indicating penal execution alternative methods adoption as a way, bringing to fore a case study - called "apaqueano" method. With such desideratum will bring, first of all, considerations about consolidation process of human dignity principle, its concept and essential content. Furthermore, will address historical and philosophical evolution of freedom curtail penalties. As it follows, will be done an approach about constitutional and underconstitutional legislation that disciplines penalties fullfiling in Brazil, analyzing their main aspects, emphasizing the possibility to charge Brazilian state for disregarding mentioned standards. Next, will also be started a critical analyzis about international regulations, which forbids diminishing or cruel penalties or treatments, approaching human rights international treaties and conventions ratified by Braziland their incorporation and effectiveness in local Law, emphasizing monitoring forms and country international charging possibility for disregarding international regulations. Lastly, will advance to the real possibility to materialize human dignity principle in penalties fullfiling, based in a case study verification - the APAC (Associação de Proteção e Assistência aos Condenados) called method, analyzing the various theories about penalties grounding, with emphasis in their ressocializing function, as well as traditional penitentiary systems, and the theory adopted by vernacular order, in desideratum to contribute to improve national penitentiary system chaotic situation

Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

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

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

Entre o sol e a liberdade impera a violência: formação de redes para a ação a partir da estratégia saúde da família

The research aimed to analyze the feasibility of forming a network of municipal services to prevent and treat child victims of violence from the Basic Health Units in the Family Mossoró / RN. The research is a qualitative approach and was developed in the form of action research. The population was composed of representatives of institutions of the child and primary care professionals. Data were collected through questionnaires, workshops and semi-structured interview. The results were analyzed from data collected through the questionnaire designed to assess the material, lectures, dialogues and assessments with the team and presented in accordance with the findings of the research. The study was approved by the Ethics in Research UFRN with protocol No. 158/2010, CAAE: 0176.0.051.000-10. Situational diagnosis in the participants answered a questionnaire to characterize and then launched the guiding question of the focus group FHS While professional what your perception towards violence against children? It was felt the fear and ignorance on the part of the unit staff on how to prevent and to refer cases of violence against children and adolescents in the area of coverage of the unit and also realized that the professionals felt victims of occupational violence before the violence has reached proportions that the area of the unit. Mind the need to change strategies to work to combat violence, we plan to conduct focus group workshop to complete the questionnaire, training for protection against occupational violence, and meeting with other bodies responsible visor protecting children and adolescents to draw the flowchart of the victims in safety net. The next moment training to fill the notification form professionals were interested in learning and use this tool to combat violence. At the third meeting in Unity, meeting with representatives of the Child Protection Council, the professional unit showed interest in interacting with the agency to expose and combat violence against children and adolescents. Due to difficulties in the physical structure of the unit was not possible to continue the research and planned every moment, and then completed the data collection with interviews with the participating professionals, to assess the meetings. Therefore, it is considered that action research has also achieved its goals because the team was involved in the collective construction of a proposed change in the practices of referral and prevention of violence against children and adolescents. This involvement was favored using the principles Freirian during the course of the study. However, it is assumed that the network was not fully implemented because it is known that it is in a continual process of improvement and must continue evolving with the unit team.

Controle inteligente aplicado a uma mesa de coordenadas de dois graus de liberdade

This work presents the design and construction of an X-Y table of two degrees of freedom, as well as the development of a fuzzy system for its position and trajectory control. The table is composed of two bases that move perpendicularly to each other in the horizontal plane, and are driven by two DC motors. Base position is detected by position sensors attached to the motor axes. A data acquisition board performs the interface between a laptop and the plant. The fuzzy system algorithm was implemented in LabVIEW® programming environment that processes the sensors signals and determines the control variables values that drive the motors. Experimental results using position reference signals (step type signal) and straight and circular paths reference signals are presented to demonstrate the dynamic behavior of fuzzy system

Construção e controle inteligente de um manipulador robótico com dois graus de liberdade

The present work shows the development and construction of a robot manipulator with two rotary joints and two degrees of freedom, driven by three-phase induction motors. The positions of the arm and base are made, for comparison, by a fuzzy controller and a PID controller implemented in LabVIEW® programming environment. The robot manipulator moves in an area equivalent to a quarter of a sphere. Experimental results have shown that the fuzzy controller has superior performance to PID controller when tracking single and multiple step trajectories, for the cases of load and no load

O psiquiatra na atenção psicossocial: entre o luto e a liberdade

No Brasil, vemos surgir, a partir da década de setenta, diversas propostas inovadoras no campo da atenção à saúde mental. A partir de então, multiplicam-se no país ambulatórios de psicologia e psiquiatria, hospitais-dia, residências terapêuticas e diversos núcleos/centros de atenção psicossocial. Transformados em política pública, os centros de atenção psicossocial espalham-se pelo país, preconizando um atendimento ambulatorial, interdisciplinar e de orientação territorial. Geralmente formado sob os auspícios de um grande hospital, o psiquiatra que se propõe a trabalhar, a partir da ótica psicossocial, imerso em uma pequena cidade, vê-se exposto às diversas contradições e ilogicidades do discurso psiquiátrico clássico. Os variados saberes locais são uma ameaça ao saber psiquiátrico medicamente constituído. Respostas, antes fáceis no interior do hospital, têm variadas implicações no território e adquirem uma complexidade para a qual o psiquiatra não se encontra preparado. Assim, este trabalho tenta demonstrar a dissonância entre essas duas espécies de psiquiatria: a clássica (afinada com a biologia, com a normatividade e com a instituição) e a psicossocial (que se volta para respostas localmente construídas e que se afina com o homem, em uma dimensão muito além do seu corpo).

Práticas discursivas de regulamentação e liberdade no processo de desenvolvimento profissional: a constituição de subjetividades de professores na Revista Nova Escola

This present thesis has the object to study the discursive constitution the teacher s subjectivities of practice permeating the sections of the magazine Nova Escola between the years 2000-2005. Problematizes how the teacher s subjectivities are produced facing the discourse of truth, which effects establishes a program for autonomist professional development in a perspective of neo-liberal governmentality. Then from this uneasiness arises some requisite questions: in the new century how teacher s subjectivities are discursively produced in magazine s sections Nova Escola during those five years of governmentality? In which perspective the discourses throughout government documents in related with professional development reflect in the linguistic-discursive repertories adopted by Nova Escola? How the experts belonging to the cadre from and/or guests from the magazine, seeking equip discursive the teacher s subjectivities for the XXI Century? Therefore, this paper objective is to examine the linguistics strategies used to produce these subjectivities at magazine s sections, what it admittedly teaches another method how to be teacher; and also it analyzes the discursive practices that compound and set boundaries to the autonomist professional development proposed by sections the magazine; describe technologies used by experts to equip and conduct of conduct the teacher to govern the self. This research is inserted theoretically in the field of Applied Linguistis, to the Cultural Studies and about the contribution of Michel Foucault s theories and methodologically in the perspective discursive interpretative. The results seek to show that the teacher s subjectivities are produced by many technologies of the self, traversed by government discourses and ratified by discursive practices of the magazine s experts. That discourse, without any oppressing or authoritarian connotation, opens space for practice of Freedom and self guiding to both constitute the subjectivity process of the teacher in the XXI Century s path

Memórias da prisão: literatura e liberdade m estudo sobre Graciliano Ramos e Antonio Gramsci

La tese avvicina le Memorie dal carcere, di Graciliano Ramos e i Quaderni dal carcere di Antonio Gramsci, in una prospettiva in cui essi erano uniti per lo stesso ideale politico della prima metá del XX secolo e rappresentavano la resistenza intellettuale di fronte alla repressione. Entrambi furono vittime dell autoritarismo dei poteri fascisti e registrarono il periodo di prigione in differenti forme memorialistiche. Questi scrittori sono uniti anche per il contesto nazionale molto simile per la differenza economica tra le regioni. Condividono, inoltre, anche il concetto di arte e la certezza che l alienzazione dell intelligenza può essere superata solamente attraverso la ricostruzione delle basi nazionali per mezzo della conoscenza, dell educazione e della cultura. Si vuole mostrare come i concetti di Gramsci sono presenti non solo nella convinzione politica di Graciliano, ma in tutto il suo stile letterario memorialístico. Il lavoro, ancora, paragona le Memorie del carcere con due testi memorialistici di prigione in Italia, che sono Le mie prigioni, di Silvio Pellico, e Se questo è un uomo, di Primo Levi, per dimostrare che la proposta della letteratura gramsciana è molto più vicina allo scrittore brasiliano che ai due suoi conazionali.