Parâmetros de concretização judicial do direito fundamental à saúde no fornecimento de medicamentos

In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health

Mercado de trabalho e estrutura sócio-ocupacional: estudo comparativo entre as regiões metropolitanas de Fortaleza, Recife e Salvador 2001-2008

The economic transformations in the world, the end of World War II, listing significant changes in production structures and labor market in the world. Initially developed countries realize these changes and subsequently developing countries. The changes in production patterns, especially with the crisis of Fordism, peripheral countries further accentuated the problems in the workplace. Flexible accumulation, in turn, was responsible for significant changes in the labor market at the periphery of global capitalism. This restructuring process, in Brazil, begun from the end of the 1980s and early 1990s, being more accentuated the impacts on the labor market in the poorest regions of the country, particularly the Northeast. In that sense, this thesis aims to evaluate the job market in the metropolitan areas of Fortaleza, Recife and Salvador in light of the transformation process in the production structures and labor market and its influences in the 2000s. The time frame are the years 2001-2008. Data are from the National Household Sample Survey - PNAD and were drawn from the study proposal developed by the Centre of the Metropolis. The study shows that the labor market of the three metropolitan areas continues to be affected by the restructuring process of the late twentieth century. It found high rates of unprotected busy at work is more precarious conditions of employment for non-whites, women, adolescents / young and old. We also highlight the high percentage of employed persons earning income up 1.00 minimum wage, and a large number of persons employed in the tertiary and tertiary non-specialist. With the picture observed in the three metropolitan areas you can see the major problems in the labor market that proliferate, especially in the metropolitan context of the Northeast, with characteristics similar to those observed in the literature that investigated the labor market in 1990

Reconfigurações industriais das regiões metropolitanas do Nordeste: uma análise a partir do emprego formal

Industrial development experienced by Brazil from the 1950s, changed the concentration of population in the country. The process of development of domestic industry, concentrated in urban areas, crowded growing portion of the population.The Southeast region during the first stage of industrialization driven by the state, with the implementation of Plan goals, captained the major industrial projects implemented in the period and became the main industrial center of the country.In the decade from 1960 to 1980 the state action was marked by numerous regional development projects, softening the industrial concentration and Brazilian investment redirected to the Northeast.The second National Development Plan implemented in the 1970s led to major investments Northeast.This period marked the widespread urban growth and institutionalization of the first metropolitan areas in Brazil.The change of this developmental process is altered with the fiscal and financial crisis of the state in the 1980s and 1990s and spending cuts aimed at national development, reorienting the economy to liberal policies of economic liberalization and reduction of activity in the economy.Industrial policy was relegated to local development plans from the 1990s to the federating units fitting the wide use of tax incentives, the "war tax" to the continued industrialization process.In this context of the national economy work seeks to analyze the industrial setting in the metropolitan areas of Fortaleza, Recife and Salvador between 1995 and 2010.Although the metropolitan areas of Fortaleza, Recife and Salvador are the main urban centers of the Northeast, responsible for the advancement of industrial development, reconfigurations occurred between 1995 and 2010 by changing the level of industrial specialization built by regional division of labor in these regions.The work will be carried out by the method of descriptive analysis of the literature review on regional and urban development.Constitute quantitative method as the secondary data analysis of formal employment from the Annual Social Information (RAIS) Ministry of Labour and Employment (MTE).Using data RAIS / MTE analyzes the industrial specialization index using the Locational Quotient (LQ).Thus, it is assumed as a parameter analysis QL> 1, when the region has become specialized in a particular sector or QL <1, when the region does not have expertise in industrial sector analyzed.The conclusion of study indicates that there was in these metropolitan areas maintained the same bias hub.Fiscal policies, the states, was not successful in diversifying the productive structure and the Northeast region itself.This result is demonstrated by the need and dependence on state investments in the region to promote development.Industrial policies of recent years have been positive to meet the objectives of employment generation, but there must be specific policies for better diversification of production, in addition to integrating the economy of the Northeast sector and regionally

Estágio Supervisionado na formação de professores em serviço dos anos iniciais do ensino fundamental

This report aims to present the results of research on the possibilities and limits of Supervised Traineeship in a the course of Training of Teachers in Service of the early years of primary education conducted through an agreement between the Federal University of Piauí and the Teresina city council (PI) UFPI/PMT, offers subsidies to teaching practices that address the reality of students who live, work and/or studying in school located in rural areas. The research is based on a theoretical and methodological approach that places the object of study in the critical perspective and using procedures such as: literature (bibliographical research), documentary analysis, semi-structured interview and photographic record. We researched 10 (ten) teachers of the course promoted by UFPI graduating in 2006 and who develop teaching activities in schools located in rural areas in the city of Teresina-PI, 02 (two) teachers who are trainee supervisor of UFPI and the coordinator of the course. The analysis evidenced that the object, historically, educational policies have changed, but did not break the traditional patterns of teacher education, enough, especially in the curricular proposals in light of the changes required by the information and global society. We also note that in the supervised training, the process of critical reflection on teaching practice was made possible, in part, and raised the reconstruction of specific knowledge to make teaching in order to conduct the teaching-learning process articulating different realities of primary teaching and facing situations due to conservative practices in relation to education in rural areas. It contributed, therefore, this curricular component to resize, in part, the pedagogical action of the teachers graduated. The study also drives the research toward to similar studies in the perspective of overcoming the current model of teacher training that does not correspond to the demands of society in change and to the crisis of capital, with immeasurable consequences in the workplace. The contemporary claims for a University to form professionals capable of directing the destiny of society, where teacher training is a social and political demands on which is co-responsible

Mudanças nos modelos de gestão: a política educacional e dos (des)acertos da experiência no Rio Grande do Norte (1995-1999)

This work focuses on the educational policies, on the necessity of adopting new models of administration of the education, as well as the implementation of reforms in this filed during the 1990 s. It analyzes the strategies of decentralization of the education in Rio Grande do Norte, disclosing practices conceived in the governmental plans and programs. It also aims to evidence the aspects of the decentralization proposed in the educational system management model, adopted by the Department of Education and Culture of Rio Grande do Norte from 1995 to 1999. Bibliographic researches and documental analysis were used as sources and semi-structured interviews were held in order to collect data. This work also highlights the concepts of participation, autonomy and democratic management intrinsic to the process of decentralization in the education field. It is clear that decentralization, as the vector of democracy, requires not only certain conditions that assure the universal access to the necessary information, but also that all segments of the institution have a voice in the collegiates and that the management and decision-making processes be transparent. This analysis reveals the importance of creating means to promote autonomy, participation and democratic management in order to consolidate a decentralized system. It is also clear that these mechanisms have been proposed in a vague way by the governmental guidelines, which makes it harder to consolidate a democratic management model. Having this perspective as a parameter, it is possible to realize that the adoption of a management model prompted by the law hasn t established effective means of participation that, consequently, should provide decision centralizers which opposed to the democratic actions

Análise da comercialização de energia elétrica cogerada pelo setor sucroalcooleiro no estado de São Paulo

O Brasil viveu, em 2001, uma crise de oferta de energia elétrica sem precedentes que coincidiu com o processo de reestruturação do setor elétrico brasileiro e possibilitou aos autoprodutores de energia elétrica,como o setor sucroalcooleiro, comercializarem o excedente de energia, obtidos pelo processo de cogeração, que apesar do elevado potencial de comercialização, não está sendo devidamente aproveitado. Este trabalho teve por objetivo caracterizar o mercado de energia elétrica cogerada e analisar os obstáculos à comercialização da energia cogerada, à luz da existência dos custos de transação e econômicos, enfrentados pelo setor sucroalcooleiro e distribuidoras. Para a coleta de informações, foram realizadas entrevistas semi-estruturadas com o responsável pela área de cogeração das usinas e distribuidora de energia, que consistiam em perguntas pré-determinadas que foram lidas na mesma ordem e da mesma maneira para todos os entrevistados para assegurar a comparabilidade dos resultados. As entrevistas foram gravadas, transcritas e examinadas por meio da análise de conteúdo. Os resultados indicaram que poderiam ser estabelecidos contratos de longo prazo, mas os custos de transação e econômicos entre os agentes podem estar superando os benefícios da comercialização de energia elétrica cogerada, fazendo os agentes atuarem preferencialmente no mercado spot

Tocqueville, Sarmiento e Alberdi: três visões sobre a democracia nas Américas

Analisaremos comparativamente três importantes ideólogos liberais do século XIX, Tocqueville, Sarmiento e Alberdi, que situados em diferentes continentes discutiram o significado da democracia nos marcos da ordem liberal. Explicaremos os argumentos e conceitos desenvolvidos em algumas de suas obras mais importantes, em articulação às posições políticas e ideológicas por eles sustentados nos contextos específicos em que atuaram.

Mariana , Pai contra mãe e O caso da vara : escravidão e chão histórico em Machado de Assis

Machado de Assis understood his time and brought his perception of Brazilian society in the 19th century, with its multiple aspects economy, politics, culture, amongst others - to the texts he wrote. Through the tensions lived in his novels and short stories, Machado displays Brazilian social reality and the changes it had been undergoing. Mariana and Pai contra mãe show the crisis of the slavery system, the relation of dependency, the treatment given to the captives and the lack of coherence of a country that intended to adopt Liberalism as an ideology, but which kept on living under the shadow of slavery and its consequences. A country where the priorities were given to the landlords, owners of slaves, in protection of their interests. O caso da vara tells about how the crias da casa little black girls who lived in the household and learned how to make spool embroidery were treated. What were the punishments for desobedience and how they were levelled out, how should be the behaviour of a child who lived as a social outcast. Thus, this paper aims at playing a game of mirrors between History and fiction. Not only to play it, but to analyze how Machado deals with the reflections of 19th century Brazil on his short stories

O Aleph e seus duplos: mimesis e auto-reflexividade na obra de Jorge Luis Borges

This study approach the Jorge Luis Borges s prose of fiction under the perspective of mimesis and the self-reflexivity. The hypothesis is that the Aleph is a central symbol of the Borges s fictional universe. The rewriting and the retake of this symbol along of his work entail to a reflection about the possibilities and the limits of mimesis. This study is divided in three parts which contain two chapters. The first part Bibliographic revision and conceptual fundaments of inquiry discuss the critical fortune of author (Chapter 1) and the concepts that will give sustentation to the inquiry (Chapter 2). The second part About the Borges s aesthetic project sketch out the literary project defended by Borges that is his conception of the literature and his ideological matrix (Chapter 3) beside his anti-psychologism and his nostalgia of epos (Chapter 4). The third and last part is entitled The Aleph and his doubles. In the chapter 5 this study analyses the short story El Aleph and consider its centrality on the Borges s work. The argument that is on this short story Borges elaborates a reflection about mimesis. In the chapter 6, on the same hand, four short stories will be analysed: Funes el memorioso ; El Libro de Arena ; El evangelio según Marcos and Del rigor en la ciencia . The conclusion that is the Borges s literature is self-awake of its process as such demonstrate its parodic sense and its bookish origin. Hence, the Borges s literature overlapping the mimetic crisis of language and challenge the limits between fiction and reality. However, it doesn t surrender to the nihilist perspective that is closing of literature to the world

Palavras da maldição: O Ceará de José Alcides Pinto entre símbolos e alegorias.

This work treats about the speeches that produced the crisis of symbols of Ceará, researching on matters and ways of expression of space between 1950s and 1970s. Therefore, we search discursive practices that since the end of nineteenth century built the identity of Ceará and in the middle of twentieth century produced the crisis of modes of seeing and telling the space in front of enunciations of the national modernization, especially with the emergence of politics by SUDENE to the Northeast, the progressive actions by Catholic Church, the defense of tradition by regional literature of union of Ceará Clã. The contradictions between the glorification and fear the modernization of Brazil produced on the space speeches that his identity would be fractured, that the old symbols of drought, cangaço, mysticism and colonels declined. Among analyzed speeches, we centered the analysis of Trilogia da Maldição formed of novels O Dragão, of 1964, Os Verdes Abutres da Colina and João Pinto de Maria: a biografia de um louco by José Alcides Pinto. In this novel, the enunciation of the crisis of symbologies about the space produced another aesthetic, the allegory, which, mixed with the mystical and melancholy, in search of ways to restore the language of the old themes Ceará, drop of Ceará the same stigma of anti-modern space, where the images of delay changed icons of a fractured identity in front of the modern streams, where the word was transformed in the dimension precarious and redeemer of the tradition, of old, of nature, of the plenitude of senses. In Jose Alcides, the colonel returns as the origin of the lost space, the drought is the revolt of God against the devil place, the apocalypse, the end imminent threat to the village, signs that fantastic, however, are in dialogue with the settings space and time in which they were produced

O militarismo no Uruguai

Desde muito cedo, ainda no século XIX, o Uruguai vem desenvolvendo uma política democrática baseada na educação, ao que pode ser creditado o afastamento das suas Forças Armadas da participação política. Entretanto, o sistema partidário, essencial para o desenvolvimento da democracia, não foi suficientemente forte para manter os militares completamente afastados do governo, vivendo o país momentos de militarismo. O propósito deste trabalho é repassar o processo político uruguaio destacando os momentos em que as Forças Armadas estiveram mais próximas do poder. Entende-se que compreender o desenvolvimento da política no país é essencial para, já em outro trabalho, avaliar como a educação, especialmente a oferecida às forças armadas, influencia o desenvolvimento e consolidação de uma cultura democrática.

Controle democrático no capitalismo contemporâneo: limites e contradições

This study examines the determinations of the structural crisis of capital in the democratic control effected on the councils of rights and policies. Therefore the research aimed to apprehend and analyze the conjunctural and structural determinations and cyclical changes that incide on democratic control established by the Federal Constitution of 1988. The specific objectives turned to: (1) identify and analyze the theoretical and political fundamentals of democratic control in the production of social service in ENPESS 2010, in the productions of CFESS and the journal social services and society, (2) apprehend and analyze the possibilities, limits, contradictions and social direction of democratic control in contemporaneity and (3) identify and analyze the major political forces that constitute support and opposition to the exercise of democratic control. To approximate to the intended objectives the way theoretical and methodological covered was based in a perspective of totality that allows the apprehension of the object of study in their contradictory dimensions of universality, particularity and singularity. The results enabled to develop critical analysis of theoretical production of the Brazilian social service on the subject, having as snip studies of the journals social service and society; works of ENPESS 2010 and CFESS positioning. It was found, so in analysis undertaken, the spaces of democratic control suffer inflections of capital that shape their practices and social direction. In theoretical productions chosen, identified the prevalence of democratic control studied under an endogenous perspective to participatory canals, with incipient connections to the structural/conjunctural determinations of a historical period of crisis and seeks to restore the hegemony of capital. The positioning of the CFESS tends to recognition of democratic control in its contradictory dynamics recognizing the limits imposed by the sociability of the capital at the present time

As diretrizes da política pública de saúde bucal e suas inflexões nos serviços da Clínica Odontológica da UFRN

The crisis that the Brazilian State have been crossing throughout the last decades has revealed intense oscillations in the the way of life of the population reality. In the health area, specifically of buccal health, new alternatives of attending to demands for odontological services have been increasing from the 1990 decade. The research had as objective to analyze the demand of the services of the clinic-school of odontology of the UFRN to identify the socio-economic profile of the users and the inflections of the standards of the National Politics of Buccal Health. The methodology is based on a dialectic perspective and a quali-quantitative boarding. It was used as instrument of data collection forms with open and closed questions, applied to two distinguished groups of citizens: 53 users of the services and 12 pupils of 9th and 10th term of the Odontology Course. The results reaffirm that, with the aggravation of the crisis of SUS (Sistema Único de Saúde- Single Health System) grow the difficulties of accessing the odontological services of the users majority. The subjects of the research make use of a regular socio-economic condition, with high school, own house, formal bond to labor and monthly medium income between 1 and 2 minimum wages. The conclusive analyses point to the selective and exculpatory character of the buccal health right, mainly, those users who find themselves in situation of extreme poverty and social vulnerability. Immediate and of lesser cost odontological assistance is what it s aimed, but the standards praised in the Public Politics of Buccal Health walk in another direction, requiring a bigger strongness of the formation bases and implementation of the programmatical actions since the academic field until the effectiveness of Politics of Buccal Health as a right while as a right to attention and care

O Entrelaçamento entre assistência social e trabalho informal: verdades e equívocos em tempos de crise do capital

The thesis presented here is of interest management to analyze the performance of the State, through the materialization of the professional courses, the process of integration of users CRAS-Pajuçara informal. Therefore, we assume that poverty and inequality reach a significant portion of the world population, in a context where the working class family is seen as an alternative to face the multiple expressions of social issues. Thus, before the changes of Productive Restructuring, marked by flexibility, outsourcing and casualization of labor relations in the world, the working class family must find ways to ensure their survival. In this direction, we discuss the advances, limitations and challenges posed to the Social Assistance Policy in contemporary, situating this context, the role of the state. Furthermore, we discussed the functionality of informality to the capitalist system, showing how capital appropriates of informal work, placing it in its logic, and thus makes the capital-labor ratio increasingly predatory, inhuman and unequal. The methodological procedures for the preparation of this study constitute a literature and documentary, beyond 10 semi-structured interviews directed to users of CRAS-Pajuçara, participants of training courses for the period 2010-2011. In light of the critical-dialectical rationality, and in a context where informal work has increasingly been co-opted as an alternative to huge unemployment in the same direction in which the welfare rises in tackling social inequality, the scope of this study, discusses and reveals the truths and misconceptions that surround this bourgeois discourse, in times of crisis of capital, the city of Natal, Brazil

Marxismo, a alienação e o tempo histórico da barbárie social do capital

O objetivo do ensaio é expor a alienação/estranhamento como o problema crucial do nosso tempo histórico, buscando salientar os significados do conceito de autotranscendência positiva da alienação, considerada por István Meszáros, como sendo o eixo da reflexão marxiana nos Manuscritos econômico-filosóficos. Para tanto, discorre sobre o novo registro histórico da Aufhebung nas condições da crise estrutural do capital e a vigência do capitalismo global como capitalismo manipulatório. Aborda a centralidade ontológica da problemática da vida cotidiana e o estranhamento na perspectiva da crítica radical do trabalho. Finalmente, coloca elementos para refletir, na perspectiva do marxismo radical, sobre a transição como sendo o problema de produção dos sujeitos humanos, capazes da autotranscendência positiva da alienação.