O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

Padrões de coexistência e utilização do hábitat por duas espécies de Herpsilochmus (Aves: Thamnophilidae)

How ecologically similar species are able to coexist has always generated great interest in the scientific community. Classical niche theory predicts that species coexistence is only possible when they segregate in at least one dimension of the ecological niche, thus leading to ecological differentiation among species. However, recent work has shown that species that are more similar in some ecological traits are the ones more prone to be able to coexist (environmental filter). The knowledge of how these forces act shaping ecological communities can reveal co-existence strategies, providing important information for management and conservation of the species. This study tested these hypotheses using a pair of coexisting species of Herpsilochmus, H. pectoralis and H. sellowi. In this study I use high resolution (50 x 50 m) ecological niche models to Identify which environmental factors best predict species occurrence. Next, I calculate the overlap in habitat use by species and build null models to test the hypothesis of spatial niche segregation. In addition, I obtain the selectivity parameters of habitat use to test whether the species H. pectoralis (larger body size) is less selective than H. sellowi (smaller body size) as stated in the literature for other species. The results reject the ecological equivalence among species, revealing that the species of Herpsilochmus explore the habitat differently, having different environmental niches. The hypothesis of environmental filter was not observed in my analysis, the observed overlap in habitat use among species was lower than expected by chance. Evidence that Herpsilochmus are spatially segregating reinforces the hypothesis of interspecific competition as the predominant force in the selection of microhabitat of the species. However, more data and experiments are necessary to state categorically that the observed pattern is a result of current or past competition

Pobreza multidimensional na região nordeste: uma aplicação da Teoria dos Conjuntos Fuzzy (em 2010)

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

A Poética do corpo no mito e na dança butô: por uma educação sensível

The thesis presents the body poetry and its inscribing in the myth and Butô dance. The argumentation highlights the sensitive dimension present in these itineraries, as a possibility to operate the emergency of knowing inscribed in the body, bringing a kind of rationality that links the fragments, that allows the knowing to break through the barriers of disciplinary isolation, that abandons the certainties and goes through the ways of creation and that gives the body new space and time, featuring epistemological elements, ethical and esthetical, that can permit a sensitive education. All along the way, we comprehend by sensitive education, a education that considers the relinking of logical, analogical, symbolic and artistic knowledge and therefore reconsiders the own act of knowing as a continuous and inconcluded process. That sensitive education is also understood as retaking the body experience, its sensitive nature, as well as being meaningful to reading the world. It includes the body memory, its history and creativity, opening it to innovation, change, sense amplification and dialogue with other bodies and world, because it is within them. It is about an investigation of phenomenologic nature, that dialogues philosophy and art, pointing breakdowns of this reflection foe the body and education studies. We find it necessary to notice the body language, that allows one to think through movements, articulate a thought that is risen from articulations, guts and all the body. This incarnated reason starts the expressive body action, that makes us move to mean, communicate, inaugurate senses. Among these senses, we present a possibility of approach of the elements of Butô dance teaching and physical education, as ways of sensitive education showings of body poetry

Uma educação tecida no corpo

In theory say the education as a knot of meanings made in the body. We take as a reference for demonstration of this argument the shows Folguedos, Guarnicê and Flor do Lírio and built within such spectacles cultural, symbolic and aesthetic meanings, which reveal the education woven in the body. Education that can happen not only in the formal space like the classroom or the university, but also in the area of art and the inclusion of individuals in the world of culture. So during the construction of the thesis we reflect on the following issues: what is the construction of culture and art that have in the Parafolclórico group? What way theses shows in their buildings bring significant elements that might compose an educational activity. How objectives sought asking the dichotomies present in the concepts of art and culture; critically systematize a work of artistic, cultural and educational production in the group, in addition to expanding the understanding of education, considering the body experiences. The phenomenological attitude of Merleau-Ponty, is a reference methodology of this study, which places the reference knowledge as a result of our experience in the world, our world lived. Thus, this study considers the experience of the researcher in the three shows in tariff, represented by scenes described, as a dancer and spectator. Therefore we understand that Folguedos, Guarnicê and Flor do Lírio in their artistic, aesthetic and cultural languages, allow many meanings that occur in the body, which invites the perception and extend the experience of the subject, demonstrating an education that allows sight and knowledge, seeking new sensations and experiences, we show our intimacy with the world, with the objects and with the other. The art is understood as virtuality, as a human creation that carries the reality and that allows many readings and experiences, each perception can recognize and know new horizons, having as base and material the culture. This entails the heterogeneous, is not closed but that individuals can interpret it entered and recognize the symbols they created the same way, confirming a unit. The art and culture show us significant evidences of an education woven in the body

Correr, saltar, lançar, dialogar :uma reflexão sobre corpo e aprendizagem nas aulas de educação física

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

A relação teoria-prática do curso de formação de professores do campo na UFPA

Ce travail est une reflexion sur les pratiques éducatives dévelloppées par des élèves/professeurs dans le Cours de Formation d Éducateurs de la Campagne, réalisé dans un partenariat entre l Université Fédérale du Pará (UFPA), Le Movimento dos Trabalhadores sem Terra (MST Mouvement des travailleurs sans Terre) et le Programme National d Éducation dans la Réforme Agraire (PRONERA), en ayant comme son objectif stratégique rechercher les éléments facilitateurs de l articulation théorie-pratique dans les procédures méthodologique du Cours, fondé sur Paulo Freire. Nous approfondissons des réflexions sur la production d une proposition d Éducation de la Campagne qui, entre autres éléments, se fonde sur la Pédagogie de l Alternance, spécifiquement en ce qui concerne lês catégories Temps École et Temps Communauté. Dans le procès de recherche, nous utilisons comme ressources les documents écrits (dês projets de cours, des rapports, des journaux de la campagne document qui registre le quotidien des activités et des choses réalisées), et les discours des élèves de l Assentamento Palmares II , pendant et après lê Cours. À l analyse, nous identifions comme éléments facilitateurs de la relations théorie et pratique, le Temps École et le Temps Communauté en créant des opportunités, la rélation de ce qui se caracterise comme praxis (action-refléxion-action), en utilisant la recherche comme moyen d insertion dans la réalité et l´existence de groupe (colectif), ce qui a possibilité la participation colective aux réalisations des pratiques pédagogiques plus significatives dans le procès de Formation d Éducateurs de la Campagne, en ayant comme objectif la contribution dans la formation des sujets réalisateurs de leur histoire

Corpo e escrita: linhas e entrelinhas da produção de conhecimento em sala de aula

Body and writing: Lines and between-lines of production of knowledge in the classroom it is an ethnographic research, longitudinal character, based on experience while experienced educator of the Escola Municipal Professor Amadeu Araújo, located in the city of Natal-RN, from which are made reflections about texts written by students who have distorted age/education level, in the process of literacy. Here as initial goal: to discuss the production of students writing as a process body, considering the record of experiences and the impressions they have made during the teaching process. We initially by a conception of phenomenological body, by understanding it in its complexity, a phenomenon that is made from its relationship with the world and with the Other. The records examined were produced between the year 2000 and 2005 involving writings of 106 students, constituting a universe of 136 texts, from which, delimited a corpus of 27 texts. The relevance with respect to the theme and recurrence in which they were detected, were up to elements that allowed a systematization methodology, defining the following units of analysis: Body, written in everyday; body, written and sexuality; body, written and enjoyment poetics; body, writing and other stories. We used the techniques of search, participant observation, based on the actions and interactions body expressed during the experiment and the analysis of documents that consisted of students in the texts and secondary sources, among them, the records of daily class, reports and projects developed, as well as reports of my pedagogical practice, as a researcher inserted in the investigative process. The experience developed, showed a writing school able to express nuances of human complexity, showing that learning is made in the action body, crossed by various forms of language and pointing to the relevance of a pedagogical work able to articulate the dialogue between the written and registrations body of the students, as subjects of learning

Interfaces do corpo e da corporeidade na pedagogia Freinet

La recherche discute les interfaces du corps et de la corporéité dans l espace scolaire, dans une perspective freinetienne . Pour cela, un peu de l Histoire de la Pédagogie sera évoquée, en observant quel est l espace destiné au corps et à la corporéité. Pour ce dialogue, la base d une pensée pédagogique de renom a été nécessaire. Le choix s est alors porté sur la pédagogie freinetienne , pédagogie populaire progressiste qui renvoit le sujet à la nécessité de l action. Le dialogue a été établi dans le sens de comprendre le corps dans la Pédagogie Freinet, dans une interface avec l Éducation, ainsi que de la discuter, en prenant pour référence la corporéité comme paradigme éducationnel. Pour cela trois uvres de Freinet ont été fondamentalement utilisées: Essai de Psycologie Sensible; Éducation du Travail et Pour l École du Peuple. Une recherche de nature qualitative a été réalisée. Quant à la méthodologie, l Herméneutique a été choisie, puisque au travers de la recherche et de la réfléxion il a été possible d articuler des concepts qui apportèrent les réponses aux questions de l étude: quelle est la conception de corps que laisse transparaître la Pédagogie Freinet? Quelles sont les interfaces entre les études du corps et de la corporéité dans la contemporanéité avec la Pédagogie Freinet? Comment la Pédagogie Freinet comprend et valorise le corps dans le processus d apprentissage? À la fin de la recherche, il est constaté que le corps est mis en évidence dans la Pédagogie Freinet, un corps qui est considéré dans son histoire et signification. Il est perçut que les études contemporaines sur le corps et la corporéité se rapprochent du discours freinetien , principalement quand les principes de la Libre Expression et du Tâtonnement sont traités dans sa pédagogie, ce qui amène à l interprétation d un corps non comme médiateur de l apprentissage, mais bien un apprentissage qui se fait à partir du propre corps

A dança dos monstros: corpo e estética na arte e na Educação Física

The speeches about the body in interface with the technology, that fulfill the contemporary discussions, have been a stage of innumerable ethical, epistemological, aesthetic and ontological reflections. These happened bodies of the biotechnological scene also invade the dance, making several possible dialogues, making old concepts instable, opening way to revealing explorations and bringing with it implications and reflections. In this context, this research has as objective to discuss relations between body and technology in the dance; to understand the aesthetic configurations of the monster in the dance as possibility to question the body; to establish relations between the monstrous body in the dance and the conceptions of body in the Physical Education. We believe to be able to contribute for the reflection in the field of the Physical Education, since the work visualizes to extend the field of the discussions on aesthetic body and, as well as evidencing dialogues between different areas of the knowledge, as the Art and the Physical Education. From the point of view of the method, the work follows orientation of the Phenomenology for an aesthetic image appreciation of the videos in the choreographies In'perfeito and Violência of Cena 11, Dance Group that has marked new aesthetic configurations in the brazilian dance. Thus, we took for us the reflections on the "significant scenes" proposed by Bicudo (2000), to appreciate the dance of Cena 11. We emphasize that, after the identification of the Significant Scenes, it was necessary to approach these scenes from close senses, from which we detach the appearance, the space and the gesture. We evidence that, the bodies revealed by the group Cena 11, show an aesthetic that it interlaces the beauty, the ugly and the grotesque. An aesthetic of the unharmony, capable to transgress the oppositions, dialoguing with multiple antagonisms and that it amplifies the apollonian aesthetic linear rules, so predominant in the history of the dance and the Physical Education. We identify some indicatives that take us to the problematizations on an affective and anarchic body, when questioning the tyranny of the perfect corporality; the naturalization of the pain; the closed gesture in a finished and unique grammar; the standardization of feminine and masculine roles and the negation of the feeling. From these indicatives, we discuss the aesthetic of the deformed bodies of Cena 11, approaching it of the conceptions of body in the Physical Education, sometimes criticizing the rationalists and naturalistic views, sometimes dialoguing with more recent perspectives studied by researchers of this area of knowledge, which point to a reflection on the body under the optics of the sensible

Pastoril: uma educação celebrada no corpo e no riso

By means of the Pastoral one an Education celebrated in the body and the laugh, visible is unmasked by means of cançonetas and of the licentious gesticulations of the jokers of this idleness. For such, we support ourselves in the phenomenological of Merleau-Ponty, the tradition and transmission of the verbal as it is conceived by Paul Zumthor, as well as in the phenomenology of the memory of the jokers and in the studies of cultural history and the philosophy of the body. The objective research to argue the body and the laugh as learning of the culture, as well as carrying through the production of a cartography of the potiguar pastoral ones, in the direction to argue the elements of the licentious gesticulations for the look and of cançonetas for hearing. The research is of phenomenological nature and when appealing the Phenomenology as an attitude, recognizes our look on the phenomenon, what if we show for while searching citizens and we assume the reduction and the lived world as methodological boarding to think the searched phenomenon. As he was evidenced in this study, one searched to dimensional the reach of a reflection centered in the body and the laugh through the listening of cançonetas of the Pastoral one and the vision through the licentious gestures; a reflection centered in the body of the joker of Pastoral

Adrien-Marie Legendre (1752-1833) e suas obras em Teoria dos Números

The present thesis is an analysis of Adrien-Marie Legendre s works on Number Theory, with a certain emphasis on his 1830 edition of Theory of Numbers. The role played by these works in their historical context and their influence on the development of Number Theory was investigated. A biographic study of Legendre (1752-1833) was undertaken, in which both his personal relations and his scientific productions were related to certain historical elements of the development of both his homeland, France, and the sciences in general, during the 18th and 19th centuries This study revealed notable characteristics of his personality, as well as his attitudes toward his mathematical contemporaries, especially with regard to his seemingly incessant quarrels with Gauss about the priority of various of their scientific discoveries. This is followed by a systematic study of Lagrange s work on Number Theory, including a comparative reading of certain topics, especially that of his renowned law of quadratic reciprocity, with texts of some of his contemporaries. In this way, the dynamics of the evolution of his thought in relation to his semantics, the organization of his demonstrations and his number theoretical discoveries was delimited. Finally, the impact of Legendre s work on Number Theory on the French mathematical community of the time was investigated. This investigation revealed that he not only made substantial contributions to this branch of Mathematics, but also inspired other mathematicians to advance this science even further. This indeed is a fitting legacy for his Theory of Numbers, the first modern text on Higher Arithmetic, on which he labored half his life, producing various editions. Nevertheless, Legendre also received many posthumous honors, including having his name perpetuated on the Trocadéro face of the Eiffel Tower, which contains a list of 72 eminent scientists, and having a street and an alley in Paris named after him

Como vão se formando os professores em física e química: embates entre o ser, o ter e o fazer na formação de licenciandos da UFRN sob a perspectiva da teoria das representações sociais

The purpose of this work is to approach and understand the Social Representations (SR) (MOSCOVICI, 2003) about Physics and Chemistry from people who are major in these courses, as well as their Social Representations about teaching . We took as principle that approaching these representations it would be possible to relate their symbolic contents, in order to show how people who are following the first segments of bachelor degree courses in Physics and Chemistry become teachers, taking into account a psychosocial view. Two source of data was used during this research: Free-association Technique FA (ABRIC, 1994); and Multiple Classification Procedure (MCP) (ROAZZI, 1995). The analytical treatment of the collected data from FA was done according to the proposition of Grize, Vergés and Silem (1987 apud ABRIC, 1994, p. 66). MCP data were analyzed through MSA (Multidimensional Scalogram Analysis) and SSA (Singular Spectrum Analysis) methods associated with the Facet Theory (BILSKY, 2003). The discourses of MCP discussing groups at the moment of explanations were studied by Content Analysis as it was proposed by Bardin (1977) and Franco (2005). Indicative of an approach to the relations with knowledge (CHARLOT, 2000), the connections which aroused from the analyses showed that the group of future majors in Physics thought that this scientific field was based on a rationalist conception, influencing the idealization sense of the phenomena to be explained by Physics. Thus, Physics as school content started to require the student of the fundamental and high school to think abstractly as a cognitive skill of learning. The identifying elements observed in the relations between SR about Physics and Teaching aroused from the antagonism between future majors and their teacher, as well as from the speculation between their fundamental and high school students and themselves, mainly when they had to face the act of teaching due to the obstacles imposed by the own educational system, and by the weakness of the initial preparation. The group of future majors in Chemistry, through its discourses, showed these relations when they conceived empiricist Chemistry and said that teaching was the way of transmission of this knowledge, and didactics of Chemistry teaching was the direction to learning through pedagogic methods in order to lead the students to discoveries. The psychosocial contents which were built and showed from the symbolic relations in the studied SR achieved the relation of identity. This relation revealed identifying elements for these people, resulting from the traffic between their condition as students of Chemistry, and as teachers regarding their work, what placed the current relational contents in the teaching space, named as Knowledge changing and Adaptability . In order to study emerging questions in the discussing environment about formation and teaching professionalization, we focused the psychosocial view on this traffic and managed to observe epistemological practical and pedagogic obstacles that limited a configuration of the teaching work as a professional activity, especially from the particular conditions which led the relations of senses to Physics , Chemistry and Teaching ; and Chemistry and Physics as it was seen in this research. Generally speaking, we noted that these obstacles can denounce such obstacles concerning to the pedagogic doings which mainly impair the learning process of fundamental and high school students

O professor e sua formação linguística: uma interlocução teoria-prática

The work in screen constitutes a study of entitled doutoramento THE teacher and your linguistic formation: a dialogue teoria-prática. In him, the researcher, discoursing on subjects that involve the teaching-learning of the verbal language, it focalizes the importance of the linguistic formation for professionals that act in the years you begin of the Fundamental Education. In that perspective, lens to analyze the interrelações among them you know about the teachers, referring to the language (verbal), mobilized in the process teaching-learning of the production of texts written by the students, enrolled in the years you begin of the fundamental teaching. For so much, it developed a research Colaborativa, of qualitative nature, with four partícipes, being three of them teachers of the empiric field, EETB (pointed school for the " Prova Brasil " (2005) as among the ten Brazilian schools with the worst index of revenue discente in the abilities to read, to write and to interpret) and the other (researcher) educational of UERN. The research made use of several methodological procedures, among which stand out: questionnaire, glimpses, reflexive sessions and cycles of reflexive studies, among others. These specific of the Methodology of the Elaboration Conceptual Ferreiriana, adopted in the process of (re)elaboration, for the partícipes of the language concepts, text, textual gender, spoken language and written language. With relationship to the analytic procedures, those were based in contributions of the theory of the formation of concepts, of the Applied Linguistics and of the archaeology of the elect concepts. The results appear that the process of linguistic formation, established through the research colaborativa and of the methodology of the elaboration conceptual ferreiriana, uniting knowledge of the areas of the Education and of the Language, it was productive and he/she reveals a narrow relationship among the acquired knowledge for the partícipes, the (re)organization of the process teachinglearning of the language and the improvement of the productions written by the students of those educational ones

DANÇA: linguagem do corpo na educação infantil

This production is a reflection about the practices/experiences involving the teaching of the dance developed by the teachers in the Núcleo de Educação Infantil (NEI/UFRN), with the children from 2 to 7 years old, having as objectives: describe and interpret the lived experiences with the dance focusing on the meaning of the dance and organization of the pedagogic job, identify blanks in the pedagogic practices of dance and appoint possible perspectives to the teaching of dance on the infant education. The way from the investigation has begun with the following question: Who do the teachers understand the dance and live it on the Núcleo de Educação Infantil? The research of phenomenological orientation toke as methodological reference the qualitative approach from the placed phenomenon type, this one has as beginning the interest on the phenomenon by the way as it happens on the lived experience from where comes the knowledge with we can present about the world, trying to interpret it, understand it on its essence/existence. The interviews showed that the researched subjects give to the dance different meanings and consequently present variations on the manner to organize the work around this knowledge. The most of the teachers recognizes the dance as a culture expression, being a priority on the school the job with the folkloric dances. They recognize too the dance as knowledge/content coming from the Arts and Physical Education areas and its relation with the knowledge from others areas on the pedagogic action. There were found different process on the way to conduct the job with the dance in relates from experiences done with dance at NEI and, therefore, of teach/learn this knowledge. Its perceptible that exists a systematic work with the objective of develop the dance and its various educative possibilities, starting from the research about its origins, the exploration of the movement, the contextualization until the artistic practice. Those possibilities are reinforced on the school s curricular propose. Some experiences have as a priority the free expression, the dance s vision without context or the reproduction of movements as stand manners of teaching dance, situations like those observed on the investigation as products from the blanks on the academic formation from the teachers with must be fixed. The interpretation of the experiences with dance, described by the teachers from NEI, connected with the theoretical referential from the investigation, allowed to appoint three perspectives to the work with dance in the infant education, having as main interlocutors Merleau-Ponty and Rudolf Laban: the dance as the body s language; the dance and its movement factors; imitate, improvise and play: manners of draw ways to dance. On those process are emphasized the dance on the scholar context, the elements that constitute this language and the forms of appropriate from it supported in a ludicrous, poetic and educative vision, having as focus the children s education on its peculiarities and possibilities