A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

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

Federealismo e desenvolvimento: cooperação entre os entes federados limites, direitos e deveres

Taking as a starting point the Classic Federalism and theory of the development this Work intend to present some ideas linked about cooperation between federal entities and intergovernmental relations with the main focus the regulation by the Public Consortia aimed at administrative efficiency as a Constitutional Principle of Activity Administrative, against the current provisions of the Federal Constituition of 1988, and infraconstitutional legislation in order to provoke debate and criticism about the principle of cooperation adopted as a paradigm and the capabilities that the state has and what it is, in fact, an efficient management public. It is in the growth of the state, and not a decrease as a minimal state, which aims to discuss its role in promoting the collective interests, and it is therefore essential, as an institution able to intervene on citizens in the search for socially relevant results. Study Federalism and Development on the premise of public consortia and administrative efficiency requires study the course of history as the formation of the Brazilian State, in particular the fact that he is in joint effort between federal agencies - federal, state and municipal - in order to better review the relations established in this plan, in what concerns directly on the issue of division of powers, especially the common or competitors and the subject of the highest relevance for the implementation of an effective federal pact. Finally, the objective of this Work is not only particularize the institute of public consortia, it is intended to demonstrate the deviousness of the concept of efficiency and the division of powers of federal agencies and the constitutional contribution of the institute as a program that should be put in a tone of debate, adequacy of the practice and the law itself

Federalismo cooperativo e o exercício da competência administrativa ambiental

This paper aims to discuss the conflicts of competence in environmental matters, as well as the legitimacy of the normative acts in the exercise of jurisdiction effected environmental management. For this work, addresses the issue of federalism, North American (dual) and German (cooperative), deepening its historical and theoretical fundamentals, as well as the influences on the evolution of the ideological matrix of Brazilian federalism. Distinguishes itself around the problem the theoretical and abstract discussion involving the constitutional division of powers, and the issue of his relationship with the vicissitudes in the embracement of environmental matters that invariably leads to mistakes in the exercise of jurisdiction environmental management. Its highlight the existence of a framework environmental law, embodying the principles themselves as well as a specific object of authority, which qualifies a different interpretation of the rules of constitutional powers as well as influencing the acting agent of government in managing the public good environment. The study represents an exploratory research as it investigates the depths of the institutes are in evidence not only with satisfying its practical outcome. For this to happen, explores bibliographical sources and identified by the science of law as more important, as the search for social-political boundary which takes the issue studied in their historical and contextual materiality, whose study is essential for a complete understanding of the topic . The dialectic that arguments have been constructed throughout the monograph, attempts to pass a critical way to expose the author's ideas, which considers as essential in the arrival of new questions

O princípio constitucional da legalidade administrativa e os limites do controle das atividades-fim das agências reguladoras pelo Tribunal de Contas da União

Analysis of the role of the Union Accounts Court on the control of regulatory agencies, with the objective of identifying the limits of the Institution s acting on the aim activities of the agencies, particularly the control limits of the Court on the merits of discretionary administrative actions, taking into account the autonomy of these entities in the model of regulatory state. Analyzes the principle of administrative legality, the control of public administration, state s action in the economy and facing regulatory agencies, their emergence, evolution and characteristics. Includes the study of jurisprudence and doctrinal differences, as for the limits of the powers conferred by the constitutional legislator to Federal Court of Audit, regarding the control of agencies aim activities, or, in other terms, their regulatory and inspector missions of market, under the principle of administrative legality. Performs analysis, based on case studies involving Court s audits on regulatory agencies. Are appreciated differences within the Institution about the their decisions effects - imposed or not - as regards the arrangements to be adopted by regulatory agencies to correct the flaws and omissions found during Court s inspections, in which content of the act of public agent, despite their technical nature, can happen the criterion of convenience and opportunity

Teoria da despesa pública: uma leitura ético-constitucional em busca do possível da reserva

Brazilian law passes through a crisis of effectiveness commonly attributed to the extravagance of fundamental rights and public shortage. However, public finances are not dogmatically structured to solve the conflicts around the limitations of public spending. There are ethical conditioning factors, like morality, proportionality and impartiality, however, these principles act separately, while the problem of public shortage is holistic. Also, the subjectivity of politics discretionary in the definition of public spending, which is supported in an indeterminate concept of public interest, needs material orientation about the destination of public funds, making it vulnerable to ideological manipulation, resulting in real process of catching rights. Not even the judicial activism (such as influx of constitutionalism) is shown legally appropriate. The Reserve of Possible, also presents basic ethical failure. Understanding the formation of public shortage is therefore essential for understanding the crisis of effectiveness of state responsibilities, given the significant expansion of the state duty of protection, which does not find legal technique of defense of the established interests. The premise of argument, then, part of the possibility of deducting minimal model ethical of desire to spend (public interest) according to objective parameters of the normative system. Public spending has always been treated disdainfully by the Brazilian doctrine, according to the legal character accessory assigned to the monetary cost. Nonetheless, it is the meeting point between economics and law, or is in the marrow of the problem of public shortage. Expensive Subjects to modernity, as the effectiveness of fundamental rights, pass necessarily an ethical legal system of public spending. From the ethical principles deducted from the planning, only the democratic principle guides the public spending through the approval of public spending in the complex budget process. In other words, there is an ethical distancing of economic reality in relation to state responsibilities. From the dogmatic belief of insufficiency, public spending is evaluated ethically, according to the foundations of modern constitutionalism, in search of possible of the financial reserve, certain that the ethics of public economy is a sine qua non condition for legal ethics.

A Servidão Administrativa e o Estado Regulador: Compatibilidade com o Princípio Constitucional da Legalidade e a Limitação ao Direito Real de Propriedade

The economic changes occurred in the 90s, with the restructuring and privatization of various sectors of the economy have led to a redefinition of the State role, assuming a position of regulator and supervisor of public services in place to direct its role as straight intervenor. It is through the regulatory agencies, autarchies with special legal personality under public law, that the Regulator State will act. In this context, the first objective of this research is to analyze the legality of easements imposed by entities of the Direct Administration and Regulatory Agencies, whose execution is delegated to legal persons of private law, being those public service companies or mixed-economy societies. This examination in question the limits of servitude as a restrictive institute of property rights, observing the principles of function, supremacy of the public interests over the private ones, legality and the separation of powers. Defend the property rights like a fundamental right and your insurance as determining factor of economic development and social justice. Use the procedure in use will be the historiccomparative procedure, in order to demonstrate the legality of the public act as a maximum attempt to preserve the balance between the expansion of public services in various sectors of the economy, and the preservation of property rights, through regulation

Análise econômica da expansão do direito penal

Aborda a evolução histórica das liberdades individuais, a partir de apontamentos pertinentes ao constitucionalismo liberal, à formação do Estado de Direito e ao advento dos regimes democráticos amparados em direitos fundamentais. Pretende, quanto aos direitos fundamentais, mostrar diversas classificações, funções, critérios e conceitos, além da sistematização de gerações ou dimensões de direitos. Discorre acerca da teoria dos limites aos limites, ao lado de teorias correlatas em profícua confrontação doutrinária, tudo com fins a estruturar os conceitos basilares de direitos de liberdade, que orientam o restante da obra. Trata do cenário histórico-jurídico do surgimento da Análise Econômica do Direito (AED), consistente, sobretudo, no jusrealismo norte-americano, abordado, em paralelo, com o realismo jurídico escandinavo. Aplica conceitos e premissas de microeconomia ao Direito Penal, com ênfase para a investigação do comportamento criminoso empreendida pela Economia do Crime. Avança não apenas restrito à perspectiva teórica, trazendo dados empíricos e implicações concretas da teoria econômica dos delitos e das penas, que serão reconhecidos na evolução e redução da criminalidade, nas políticas de desarmamento, na estruturação empresarial do narcotráfico, bem como na otimização da administração penitenciária brasileira a fim de concretizar o preconizado pela legislação de execução penal. Desenvolve estudo a partir da leitura histórica do Direito Penal, passando pelos conceitos de sociedade complexa e de riscos. Analisa, após fixados tais pressupostos, algumas causas do processo de expansão do Direito Penal com vistas a identificar propostas alternativas ao hiperpunitivismo hodierno, preservando-se, assim, os direitos de liberdade que sustentam o Estado Democrático de Direito. Propõe uma desconstrução do conceito jurídico do princípio da eficiência administrativa, demonstrando como seu conteúdo normativo foi demasiadamente mitigado pela recepção precária dos respectivos elementos econômicos por parte da doutrina e da jurisprudência pátria. Ressalta a importância jurídica da eficiência econômica, devidamente harmonizada com os demais princípios constitucionais, por força do instrumental analítico da AED Positiva. Investiga criticamente algumas teorias sociológicas tendentes ao funcionalismo penal, sob referenciais de eficiência e de direitos de liberdade. Almeja, ao final, propor a AED como alternativa à expansão funcionalista e irracional dos tipos e sanções criminais, de modo que a aproximação entre Economia do Crime, eficiência econômica e Direito Penal contribua para blindar os direitos de liberdade das vicissitudes típicas da sociedade contemporânea

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

Efeitos das transferências intergovernamentais sobre as finanças públicas dos municípios do Rio Grande do Norte (2001-2010)

The Brazilian tax structure has specific characteristics and the performance level of government. The autonomy given to municipalities to manage their activities after the 1988 Constitution, made them highly dependent on intergovernmental transfers of resources, revealing the fragility of the administrative capacity of these entities. The vertical gap revealed by the constitutional structure of the Brazilian fiscal federalism model contributes to the formation of this specific feature that you are eroding the tax base and the ability of municipal own revenues. Although there was a better regulation of these transfers after the enactment of the Fiscal Responsibility Law, it is observed that the amount of resources transferred to the municipalities of Rio Grande do Norte is very high and is the main source of revenue of municipalities. In light of the theory of federalism and fiscal decentralization, in particular, the theories related to intergovernmental transfers, we seek to diagnose the transfers from the systematization of information on the origin, destination and value. We used the econometric model of System Dynamic Panel GMM in making the diagnosis and verification of the impact of transfers on public finances of the municipalities of the newborn, associated with a review in light of the theory of fiscal federalism and intergovernmental transfers. The paper presents some proposals for the transfer system and the composition of spending in order to contribute to greater tax efficiency

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

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

Professoras e projetos: concepções e práticas no ensino fundamental

The discussion we have established in this study is about how the practice is developing educational projects based on work with because the methodological choice of the teacher. The study of an ethnographic qualitative approach was conducted with a group of six teachers in two public schools in School Administrative Zone north of the city of Natal / RN. Data were constructed from semi-structured, reinforced by the direct observation of the practice of teaching of teachers. The goals outlined were to identify the reasons why the option for the project, listing the benchmarks that subsidized their construction, the observation of everyday experience in educational planning and development of projects developed. In the light of information we can notice a complex and even contradictory, which is confusing the concepts and practices are weakened. The analysis revealed inconsistencies between theory and practice in working with projects, the fruit of little theoretical development of teachers. The adoption of the project as a methodological option has meant a change in direction of the effective action didactic. Reflects on this situation, it was concluded that there is a need to broaden the understanding of the significance of this type of work, covering the different dimensions that involve the practice of research, research and training of teachers. Even preventing the intentions and initiatives of the teachers, it must be emphasized is the process of learning within an approach that focuses the process of learning in multiple dimensions, inter-relational, both the capabilities of students in the areas of knowledge.

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