A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

Regulação do livre acesso no transporte de gás natural à luz da ordem econômica da Constituição de 1988

In the middle of modern social changes produced by globalization and capitalism, several markets have changed. States have left the direct coordination of these markets (chiefly public utility sector in the form of monopolies), introducing regulation in order to promote competition. These changes have affected natural gas industry by promoting competition as a key factor to the development and the increase of firms in this market. The regulatory reform of natural gas industry ocurred in EUA and Europe Union and it has produced its first results. In Brazilian context, Constitutional Amendment nbr. 09 and Federal Law nbr. 9.478/97 ( Petroleum Law ) opened the natural gas market to a broad range of private economic agents and they finished the monopoly over the industry before managed by Petrobras. The new regulatory framework of Brazilian natural gas industry has designed competition as a central element to the new form of managment of business and contractual relationships of this industry. Among the regulatory instruments, open access regulation in natural gas pipelines is directed to promote competition. The questions arised about its implementation in Brazilian context are studied in the present work, in which it is discussed the constitutional rules and principles are to be applied to the open access regulation within the theme of statal regulation of economy present in constitutional economic order

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

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

Fator de decisão na adoção de um sistema de micro-cogeração de energia a gás natural :um estudo em Hotéis três estrelas

The natural gas perform a essential paper, not only in primary sectors of energy, but also in others sectors of economy. The use natural gas will have expansion in Brazil, motivated by governmental decision to increase the participation of this fuel in the Brazilian energy matrix from 4% to 12% up until 2010. in order to reach the objective related to increase the consumption of natural gas in the energy matrix and to propose solutions to attend the electric requirements of heart and refrigeration, using natural gas as primary power plant. This thesis has a main objective to analysis the perception of businessmen of hotel sector about the feasability of investment with micro-cogeneration system by natural gas in their hotel in turistic sector, in Natal/RN. It s show a case for the hotels selected analyzing the actual knowledge of businessmen about alternative of new technology in generation of owner energy. There was make a interview using a standard form researching information about this topic. In this interview has shown 4 (four) canaries for businessmen with different configurations of investment in micro-cogeneration. Two of this canaries uses the project finance like option to make fasible this projects. The resulteis showed who businessmen has insecurity to make decision to put in office alone, or with a local company, and perhaps with a national company to perform for a alternative energy system, justifying, the alone feasability and without information by local businessmen. Apart from that, they are receptive for a option to put in office in micro-cogeneration configured in the settings using project finance

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

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

Influência da Dureza dos Discos Abrasivos no Corte de Materiais Dúcteis

O corte de materiais por disco abrasivo é um dos processos que apresentam as melhores características de economia, eficiência e rapidez sendo muito utilizado no meio industrial. Fatores como porcentagens e homogeneidade da mistura dos componentes, tamanho, forma (abrasividade), tenacidade e dureza dos grãos abrasivos, tipos de ligantes e de abrasivos, velocidade de corte e velocidade de mergulho influenciam na segurança, no desempenho e comportamento da operação. Este trabalho apresenta um estudo sobre a influência da dureza dos discos abrasivos no desempenho do processo de corte em operações do tipo remoção a seco. O aumento da dureza dos discos propiciou um aumento da força tangencial de corte e da relação G, devido à mais forte ligação entre o grão e o ligante no compósito. Os resultados mostram que a dureza dos discos abrasivos afeta a economia, pois influencia na vida útil dos discos abrasivos em termos de números de cortes proporcionados; a produtividade, pois está relacionada com o número de trocas de discos desgastados; os esforços necessários para a operação, pois estão relacionados com as forças tangenciais de corte.

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.

Poluição sonora: um grave problema na cidade de Mossoró-RN

In the latest decades, we have observed some environment alterations of big proportions in our planet. Sound pollution, visual pollution, water pollution, air pollution, soil pollution, all the principal kinds of environment pollution have raised in the path of economy development. In Mossoró it is not different; the environment has suffered a long and continuous damage caused by predatory abuse. The river is polluted, the ciliar vegetation of Carnauba was totally altered and with it a part of the local fauna disappeared. In fact, the city urban environment has, and continues to be, deeply altered and the sound pollution is a reflex of the urban modifications undergone in the city as time goes by. Through bibliographic review, the gauging of noise and fieldwork, this research project had the objective of analyzing the principal activities that cause sound pollution in the urban perimeter of the city of Mossoró, RN, emphasizing the causes, effects and spacial distribution of the polluter agents, as well as understanding how the environmental laws treat the sound issue in the urban environment of the city. The President Dutra avenue, where popular events of Mossoró take place and an important access for the city, was the chosen place to study this pollution that became, recently, another hindrance that interferes on the life quality of the local population. The results of this brief research emphasizes the urgency to alert society, specially about the importance of law and public organs that are located in our city, therefore solving problems such as the aforementioned above

Os elos entre a filosofia e a educação no pensamento de Theodor W. Adorno

Este artigo aborda as relações entre a filosofia e a educação no pensamento de Theodor Adorno. A partir da reflexão elaborada pelo frankfurtiano acerca da relação entre teoria e práxis, procuramos compreender o papel político conferido às suas concepções de filosofia e de formação humana e discutir os seus limites e possibilidades no presente. Para tanto, elegemos como objeto de análise as conferências pronunciadas pelo autor e os artigos que escreveu sobre o assunto, entre 1959 e 1969, com o objetivo de recuperar os possíveis nexos teóricos entre filosofia e educação em sua obra e o significado que seu pensamento crítico e sua concepção de educação política assumiram nesse contexto; e de discutir sua eventual atualidade. Pretendemos, assim, reconstituir a reflexão de Adorno sobre o tema, compreendendo o seu significado em seu projeto filosófico, de modo a vislumbrar a face filosófica educacional de seu pensamento crítico.