818 resultados para Consolidated legal situations
Resumo:
A violência constitui hoje a principal causa de morte em crianças de 5 a 19 anos, o que tem imposto aos profissionais de saúde um olhar mais atento a estas questões, bem como uma formação que busque compreender este fenômeno sobre os vários prismas que a circunscreve. O objetivo deste artigo é relatar a experiência vivenciada com alunos do curso de Graduação em Enfermagem da Universidade Federal do Rio Grande do Norte numa aula-vivência sobre esta temática. A aula foi baseada numa prática pedagógica de ação reflexiva. Desenvolveu-se a partir da integração dos conteúdos teóricos e práticos, articulando-os com temas sociais, políticos e econômicos. A aula foi dividida em três momentos: um momento de sensibilização; um segundo momento onde foi apresentado e discutido o arcabouço teórico, científico e legal que envolve o tema; e um terceiro, que visou estimular uma reflexão sobre a realidade vivenciada nos serviços de saúde por profissionais que atuam diante de situações de violência. Nos três momentos da aula pudemos proporcionar ao aluno a inquietação e a reflexão necessárias para pensarmos sobre a violência em toda a sua complexidade, pluricausalidade e com toda a carga de preconceito em que esta se encontra envolvida
Resumo:
This dissertation present an analysis of the interethnic conflict between Makuxi and Wapixana at the current moment in the Maloca of the Adobe, Aboriginal Land Fox-Mountain range of the Sun, in the State of Roraima. The theoretical field was boarded in the Ethnology, pursuing situations in local history, with edges in ethno-history. The research elapsed of the deepening necessity on the social relations and aboriginal politics, for the intercultural professional exercise of educator, appealing the bibliographical survey and participant comment as method; not directive interviews, photographs, filmings and daily register in of field, as techniques carried through in the period of 2006 to 2007. Although to inhabit in the same area and to establish marriages between itself, individuals and groups express tensions, aggravated with the landmark and legal recognition of the area, which generated inter dispute and intraetnias, mainly with the intrusion of farmers, rizicultores and the form of governmental influence. A relation of rivalry, individual and collective was evidenced, suggesting the strengthenig and not it fractionly, of the fights external politics, interns and in way to the cultural diversity and social adversity
Resumo:
Brazilian Law n° 9.615 of 24 March, 1998 established new paradigms in the employment relations existent between the soccer athlete and the sport association, both of whom are accustomed to the former legislation. They do not seem to have organized themselves in the sense of understanding the practical effects of the legal precepts currently in force, raising doubts that hinder the professional practice of the former and the performance of the latter in relation to managing these human resources. The purpose of this study is to analyze the degree of knowledge displayed by the professional soccer athlete about the legal recourses at his disposal in relation to the employment relations established in his work contract, as well as investigating the stress habits and stress situations that he most often experiences. This descriptive study consisted of a sample of 105 players under contract with clubs participating in the final phase of the state soccer championship. A questionnaire was used as the data collection instrument, whose analysis allows us to verify the lack of knowledge, on the part of the subjects studied, about the laws that regulate their profession, as well as identifying the stress habits and stress situations that are most reflected in their lifestyle. The lack of knowedge of regulate norms of their profession influences, in a negative way, in the lifestyle of soccer professional athlete from Rio Grande do Norte, Brasil
Resumo:
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
Resumo:
This research proposes a study about the interpretative techniques application that are compatible with the national legal system under the principles for Sustainable Development characterized in Brazilian Constitution. It verifies the actual possibility of reconciliation between national development and environment protection, with reflections under the water legal protection. It was proposed, therefore, to point subsidies for jurisdictional decisions involving development and the environmental goods, protected as constitutionally guaranteed principles. It was assumed that, both development and environment protection represents basic rights that are eventually placed in conflict situations, considering the many legitimate economic activities within the Brazilian State. A representative case analysis was elected within the current national scene, detailing the judicial and political conflict involving the Transboundery water Project from the São Francisco River Basin to another Northeastern river basin in Brazil. The implementation of several constitutional principles with elements from legal hermeneutics provides subsidies for the legal analysis about the conflict between development and environmental protection. It was assumed that the main discussion item about rights due to development today is the institutions influence and their results, among them the rules, laws and interpretative elements for the constitutional text objectivity, as the institutions credibility and the Supreme Courts interpretations. The use of interpretative resources for specific conflict situations about constitutional principles by Superior Courts, on the search, would bring a contributory factor for decision safety, related to sustainable development principles, elimination of inequalities and regional protecting for the environment. Specific aspects of Law No. 9.433/97 that introduced the National Water Resources Policy were examined, with its instruments, in order to specifically contextualize aspects of the Brazilian water resources management politics
Resumo:
The oil activities in Brazil had been started in an intensive way in the end of the 30 s and in the beginning of the 40 s. Many of the brazilians fields discovered in the past are nowadays in decline. They are called ―mature fields‖. These fields, because of the decline situation that characterizes them, are not interesting for the majors. The majors want the big fields and big productions. On the other hand, they could be interesting for the small and medium enterprises. The mature oil fields are instruments of development, they have oil and the oil production is an activity connected with many social and economics benefits: jobs, taxes, royalties, etc. The Brazilian State, in this context, needs to realize actions to promote the activities in the mature oil fields, especially with the work of the small and mediums enterprises. Many of the onshore brazilian mature fields are located at the Northeast, a region matched by many social and economic problems. The activities in the mature fields of the Northeast Region could solve some of its problems. The present research analyses the mature oil fields and its situations in Brazil, making criticisms and suggestions. The methodology adopted is theoretical and descriptive, with literature review, case law and legislation (Constituição Federal de 1988, ―Law of the Oil‖). This research examines the following points: mature fields rounds and its documents, name and definition of the mature fields, definition of small and medium enterprises, environmental aspects, concentration of certain activities of the sector and the royalties
Resumo:
This work aims to study the additive decisions, a type of juridical interpretation developed in foreign legal systems and which are known in Italy as adittive sentences. Thefore, this dissertation is based on theorical studies developed around the subject in Italy and Brazil. Considering the fact that the fundamental rights face a problem of implementation, being decreased its normative force when there are legislative partial omissions lacking constitutional justification creating privileges to certain individuals or social/economical groups over others, the method of additive interpretation according to the Constitution can be used in order to realize the principle of equality. In tax matters the subject is even more relevant in the way that it represents an important role in the economy. Partial legislative omissions can generate inequalities, favoring certain taxpayers in relation to others in similar legal situation. In these cases the privilege may have a negative impact on economic order restricting values related to the basis of market competition. On those occasions, Brazilian Judges and Courts must exercise their constitutional jurisdiction in order to expand the effects of the legislative omissions, based on the principle of equality by extending the standard to equal tax situations in order to maintain neutrality in taxation
Resumo:
This paper discusses the growing attention that, over the last decades, has been given to the administrative procedure in Administrative Law, as it also highlights the procedures which are in tune with the new trappings of this legal field. It focuses on the sanctioning competence of regulatory agencies, notably what concerns the procedural guide that conditions its exercise. It aims at gathering varied elements, many times dispersed over the legal system, so it is possible to list, with a satisfactory degree of detail, the procedural constitutional guidelines which are indispensable to the sanctioning of private entities through punitive action by regulatory agencies. It highlights the due legal process clause, for the abundance of the protective set there is around it, as a guiding constitutional principle for the application of sanctions by regulatory agencies. It examines the repercussion of the constitutional principle of the due legal process on Administrative Law, focusing on the most relevant principles on which the first unfolds itself. It analyzes, in light of the due legal process principle, the sanctioning administrative procedure developed in regulatory agencies. In conclusion, it is asserted that there is no room, in the Brazilian legal system as a whole, for sanctions to be applied summarily; that there reigns, in our system, an absolute presumption, dictated by the Constitution, that only through regular procedures can the best and fairest decision, concerning cases in which the rights of private parties could be affected, be taken by the public administration; that, respecting the principle of the right to a fair hearing, it is indispensable that there be motivation of a decision that imposes a sanction; that there should be, in homage to the principle of full defense and for the need to preserve the autonomy of the regulatory party, an appeal court in every agency; that the principles listed in the federal law No. 9.784/1999 should be mandatorily monitored by the agencies, for this is the only alternative consistent with the Constitution
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:
This dissertation reports the results of a research which has aimed to analyze the senses attributed to the curriculum by the students of the Technical Course of Computation Maintenance and Support, organized through the Programme of Integration of the the Professional Education with the Basic Education in the Youngster and Adult Education Modality (PROEJA), at Instituto Federal do Rio Grande do Norte (IFRN), Campus Santa Cruz. It has been sought to know who the students are and to investigate their curriculum conceptions, on which the this investigation has been based on. Thus, those senses attributed by the students on their narratives have been compared to the official proposed curriculum for the Programme and to the curriculum implemented by IFRN. The current research follows the qualitative approach being led by a study case and life stories methods. In order to effective that approach, two data collecting instruments have been developed: questionnaires and semi structured interviews. The collected data has been complemented by the legal and institutional documents analysis. This study is derived from the presupposition that PROEJA s students, although are able to access school after the educational system restructuration, are still facing difficulties during their courses because of the excluding and traditional curriculum, decontextualized with their personal and work life, that is, without curriculum integration. This study has accomplished PROEJA s students characterization presenting important data for the integrated curriculum construction at IFRN and revealing that the students consider the Programme as inclusive. Nevertheless, the practices concerned to the democratic construction of the curriculum and its dialogical action indicate partial inclusion, considering that, in order to include those students indeed, it would be necessary to include them to the institutional and academic context. Contradictory situations have been detected on the course pedagogical project, considered traditional and decontextualized, especially regarding to methodological aspects. The research also allowed to increase PROEJA s investigation field as well as to contribute with a better implementation of the Programme as curricular proposal bonded to Basic and Professional Education in the Youngster and Adult Modality Education Modality
Resumo:
The purpose of this study is to analyze the strategies used by families living in at-risk-and-vulnerable situations registered with the Estratégia Saúde da Família (ESF) ( Family Health Strategy ) as they face their daily problems. This is an investigation of a qualitative nature, using interview as the main tool for an empirical approach. Ten women from the Panatis location in northern Natal, Rio Grande do Norte, whose families live in precarious social-economical situations were interviewed. The interviews occurred between the months of April and June, 2007. The reports revealed that a mixture of improvisations and creativity was used as strategies for overcoming the privations and necessities of daily life. We also reached the conclusion that these families sought solutions for their problems through religiosity and a gift reciprocity system as resources for obtaining personal recognition and support in adversity. The results, in addition, point to ESF as one of the strategies used by these families in the search for attention and care. From this perspective, ESF has proven to be a place for listening and the construction of ties that are consolidated through home visits, organized groups, in parties and outings that are promoted in the community, reestablishing contact and support among people and signaling a way out of abandonment and isolation. Holders of knowledge constructed through life experiences, the participants of the study led us to induce and infer the need to amplify space that will allow them to express meanings, values and experiences, and consider that becoming ill is a process that incorporates dimensions of life that go beyond the physical. As health professionals, we need to be aware of the multiple and creative abilities used in the daily lives of these families, so that we can, along with them, reinvent a new way of dealing with health
Resumo:
Shrimp farming in Brazil is a consolidated activity, having brought economical and social gains to several states with the largest production concentrated in the northeast. This fact is also reflected in higher feed intake, necessitating a more efficient feed management. Currently, management techniques already foresee food loss due to molting. In this sense, studies relating shrimp s digestive physiology, molting physiology and behavioral response of shrimp feed can optimize the feed management. Thus, our study aimed to evaluate the behavioral response of the marine shrimp L. vannamei (Crustacea: Penaeidae) in accordance with the stages of moulting cycle and feeding schedules based on higher or lower activity of proteolytic digestive enzymes; also, to investigate the influence of feeding schedule on hepatosomatic index and non-specific and specific protease activity (trypsin). Experiments were carried out at the Laboratory of Shrimp Behavioral Studies at UFRN in partnership with the Laboratory of Enzimology UFPE. Juveniles of L. vannamei weighting 5.25 g (+ 0.25 g) were kept in aquaria at a density of 33 shrimp m -2. In the first experiment, shrimp were fed in the light phase or in the dark phase for 8 days; in the ninth day, the animals were observed for 15 minutes every hour during the 12 hours of each phase of the photoperiod. We recorded the frequency of inactivity, exploration, food intake, burrowing, swimming and crawling behavior. At the end of the 12th observation session, the shrimp were sacrified and classified by the method of setogenesis in the molt cycle stages A, B, C, D0, D1, D2 or D3. We found that the shrimp in A stage show high levels of inactivity. Moreover, the frequency of food intake was very low. The shrimp in D3 stage also had low food intake and high inactivity associated with elevated frequencies of burrowing. In the second experiment, shrimp were kept in physiological acclimation to experimental conditions for 28 days, distributed in 12 treatments in the light phase and 12 treatments in the dark phase. In the end, the animals were sacrified and dissected to assess non-specific and specific protease activity (trypsin) activity. In general, these parameters did not vary among animals fed in the light phase and those fed in the dark phase. However, significant differences were found in the activity of specific and nonspecific proteases in relation to food treatment. In the light phase, the major proteolytic activities converged to 10 hours after the start of the light phase, while the lowest activities converged to 6 hours after the beginning of this phase. In the dark phase, the highest enzyme activity converged to 12 hours after the onset of phase, while the lowest activities converged to 3 hours after the onset of phase. In the third experiment, we sought to evaluate the behavioral responses of shrimp in relation to dietary treatments based on higher or lower activity of proteolytic enzymes, considering the results of the second experiment. The behavioral categories observed were the same as the ones in the first experiment, with observations of 30 minutes (15min before and 15min after food supply). We found variation in behavioral responses as a function of the treatments, with greater intake of food in shrimp fed during the period of greatest activity of proteolytic enzymes, in the light phase. Thus we see that periodic events associated with the shrimp s physiology interfere in their behavioral responses, revealing situations that are more adjustable to the provision of food, and consequently optimizing feeding management
Infância na publicidade: um estudo sobre o trabalho de crianças na publicidade na cidade de Natal-RN
Resumo:
In Brazilian scene the child labor is a serious and relevant theme regarding issues that involve infancy, arousing the interest and concerning of public and private institutions, and organized civil society. Thus, the child labor is forbidden by the law, considered that the child worker have a distinguished life experience, especially because it is demanded them the early mature of some skill, generating implications on their physical, emotional, cognitive, social and psychological development. Observing those issues, we proposed think the child labor, over and above those considered the worst forms of one and more found in literature, what lead us to think the child labor in the advertising. In that way, this research aimed to investigate the insertion and development conditions of children who work in advertisements, and the possible effects on their lives in the face of that insertion. Participated of this study: three advertising agencies, six video producers companies, one child model s agent and five children with their respective families. Those children were four boys and two girls, with ages between seven and eleven years old, which one that have accomplished four or more advertisements, in Natal city, Rio Grande do Norte. Based on social-historical perspective, we used the semi-structured interview as methodological instrument, which underlays the comprehension of the data obtained in field research processes. This study revealed that when children are inserted in the advertising activities they are submitted to irregular and adverse work situations, what occurs in others productive activities mentioned in the literature. The data still exposed that the family is the main responsible to the children insertion in the advertisement work; moreover, there is an ambiguousness of wishes in relation of that activity. On the other hand, we realized that the legal content concerning to the child labor forbidding, carries contradictory aspects in face of the ECA s 149 article, that one, under some conditions, allows that a child take part in the activities of advertising context. This highlights the necessity of a rigorous evaluation of the children insertion in the advertising, in order to ensure the whole children and adolescents protection. This study put in evidence the complexity that involves the child labor in this context, mainly, due to the exposition and manipulation of the childish image on the media. Besides, we understand that the discussion on this subject should be stimulated and, therefore, enlarged this on over and above those considered the worst forms of child labor
Resumo:
Os conflitos médico-legais que ocorrem no exercício da Cirurgia e da Medicina são motivos de preocupação não só no meio médico, mas também na sociedade como um todo, pois se de um lado geram um maior desgaste emocional ao médico, por outro, os pacientes estão sendo rejeitados. As causas desses conflitos são muitas, envolvendo fatores não assistenciais, como o sistema de saúde distorcido e desorganizado, a falta de participação da sociedade e do médico na melhoria desse sistema, o aparelho formador que lança no mercado grande número de jovens médicos despreparados para o exercício dessa nobre profissão, além da falta do ensino continuado. A solução para esses conflitos não poderá ser por meio de simples criação de leis, e nem pela negativa da existência do erro médico, que ocorre numa freqüência até maior do que os próprios conflitos. Todavia, pode-se afirmar que é muito importante melhorar a relação médico-paciente. É necessário, ainda, que o médico conheça a fundo seus deveres de conduta e que, principalmente, se abstenha de praticar abusos do poder. A sociedade deve também entender que a saúde não é uma questão exclusiva dos médicos e que deve lutar pela melhoria das condições dos níveis de vida.
Resumo:
Workplace accidents involving machines are relevant for their magnitude and their impacts on worker health. Despite consolidated critical statements, explanation centered on errors of operators remains predominant with industry professionals, hampering preventive measures and the improvement of production-system reliability. Several initiatives were adopted by enforcement agencies in partnership with universities to stimulate production and diffusion of analysis methodologies with a systemic approach. Starting from one accident case that occurred with a worker who operated a brake-clutch type mechanical press, the article explores cognitive aspects and the existence of traps in the operation of this machine. It deals with a large-sized press that, despite being endowed with a light curtain in areas of access to the pressing zone, did not meet legal requirements. The safety devices gave rise to an illusion of safety, permitting activation of the machine when a worker was still found within the operational zone. Preventive interventions must stimulate the tailoring of systems to the characteristics of workers, minimizing the creation of traps and encouraging safety policies and practices that replace judgments of behaviors that participate in accidents by analyses of reasons that lead workers to act in that manner.