A construction como método concretizador de direitos fundamentais: aplicação na jurisdição constitucional brasileira

The way of organization of the constitutional jurisdiction implies the possibility to extend the democratization of the same one in function of the popular participation in the active legitimacy to constitutional process (procedimentalist model) e, at the same time, to assure technical viable decisions fast and to the complex problems of the constitucional law (substancialist model). The comparison with the constitutional jurisdiction of U.S.A. becomes interesting from the knowledge of the wide power to decide experience of Supreme the Court that for a methodology of construction of rights and not simply of interpretation of the Constitution, brought up to date and reconstructed throughout its historical evolution the direction of the norms of basic rights and the North American principles constitutional. Construction while constitutional hermeneutic method of substancialist matrix works with techniques as the measurement of principles, the protection of interests of minorities and the entailing of the basic rights with values politicians, what it can be brought to evidence of the Brazilian constitutional jurisdiction in order to improve the construction of basic rights that comes being carried through for the judicial ativism in control of the diffuse and abstract constitutionality. To define the limits of construction is to search, on the other hand, a dialogue with the procedimentalists thesis, aiming at the widening of the participation of the citizen in the construction of the basic rights for the constitutional process and to argue forms of the society to evaluate the pronounced decisions activist in the controls diffuse and abstract of constitutionality

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

A intervenção estatal no domínio econômico privado através da nova lei de recuperação de empresas e falências (lei 11.101/05)

Analysis of the elements of the Constitutional Order of the letter 1988 politics, with emphasis in the principles of this, a study on the intervention of the State in the private initiative by means of the Law of Recovery of Companies and Bankruptcies (law 11.101/05). New enterprise vision is admitted, over all in the interdependence between economic and social factors. Study on the globalization and the interdependence of economic and legal sciences in the construction of a legal optics in the search for the economic and social development, with the recognition of the interference of the Economy in the Right and its uneven importance. Still, we delineate the state intervention in the economic scope, of company and in the judicial recovery, as well as the consequences of such intervention in the involved credits in the judicial recovery and patrimony of the debtor in recovery. For such task, the elements of the Judicial Recovery, its principles and adequacy of these to the related ones in the chapter had been analyzed that turns on the national economic Order, describing the formal procedure for concession of the benefit of the Judicial Recovery and the principles in existing them. The forms of intervention of the State in the private economy were not disrespected, relating its direct and indirect performance as half of preservation of interests writings in the constitutional scope as public interest and preservation of the National economic Order. The regulating agencies as of direct state intervention were half not disrespected of the study for the relevance of the subject. It is revised national bibliography with incursions in French, Portuguese and North American comparative jurisprudence. One contributes in the aspect of the paper of the Judiciary Power in the protection of the companies in crisis and the social and economic impacts, over all in relation to the rights of the worked ones, credit and enterprise

Fiscalização difusa da constitucionalidade e o incidente de argüição de inconstitucionalidade

The present work consists of studying to diffuse control of constitutionality in Brazil, with emphasis in a procedural alternative to the evolution of that model: the incident to challenge of unconstitutionality. Starting from the discussion about the new role of constitutional jurisdiction in peripheral countries and in the globalized society, without forgetting to face inevitable doubts about its legitimacy before other powers of the State, the Brazilian control of constitutionality is revealed, under a diffuse, non-dichotomical view, through a number of inconsistencies and misunderstandings, that compromise social peace, the credibility of democratic institutions and the supremacy of juridical security. In order to achieve the goal, the study in course discussed the main difficulties of the Brazilian mixed model of constitutionality control, as well as, directing its view to the incident of challenge of unconstitutionality, which the most adequate forms to assure its appropriateness, legitimacy, processing and decisory effects are. Is was essential, in this point of view, to establish the difference between the incident of challenge of unconstitutionality conceived in article of the Brazilian Federal Constitution and the incident of challenge of unconstitutionality such as it is known in the European models. The insertion of the incident of challenge of unconstitutionality based on European models in the Brazilian control system, without jeopardizing the North-American essence the Brazilian constitutional history presents since 1981, is the hypothesis that is presented as an improvement of constitutional protection

Morfologia dos imaturos e do adulto de Coccidophilus citricola Brèthes (Coleoptera, Coccinellidae, Sticholotidinae), predador de cochonilhas-de-carapaça (Hemiptera, Diaspididae) de citros

Imaturos e adultos de Coccidophilus citricola Brèthes, 1905 são descritos e ilustrados com auxílio de microscopia eletrônica de varredura. A larva é comparada com as de Microweisea Cockerel e outras espécies de Coccinellidae, e o adulto com duas espécies norte-americanas de Coccidophilus Brèthes.

Entre cristo e o diabo:o ideário do Colégio Americano Batista do Recife (1902-1942)

Due to lack of work on the history of Baptist schools in the Northeast region of Brazil, it is important to understand through a historical reconstruction of the Baptist Protestant education. We embarked on this venture as a chance to understand the presence of Protestant schools, and his ideas on Brazilian soil. Our goal is to promote a reflection which has the axial dimension of the Baptists Protestant education, in time, we will place the debate between 1902-1942. The temporal boundaries of 1902-1942 was because 1902 was when he started the American Baptist College of Recife in 1942 and that ends the cycle of managing directors of Americans. Understand the functionality of time a school is justified when we realize that the history of education is the story of a work of self and formation within a framework that has the school as the main support that can enable a reading of reality. We also intend to examine the school culture brought to Brazil by American missionaries and their applicability in the Brazilian cultural-historical context. And just to demonstrate the hypothesis that the educational contribution of Baptists added to the participation of other Protestants promoted advances in Brazilian society. Possibly taking for granted that the Baptists were in possession of the democratic ideals of religious freedom, taken by many representatives and religious version of the republican regime. In addition to promoting a model in Brazil to make different methodological schools, based on the ideals of new school and ethics of the Bible. Our proposed research aims at understanding how North American missionaries settled in Brazil and what were the purposes of adding to the efforts of evangelization to formal education, binomial that justified the establishment of schools. A vision of saving men for evangelization and education of the Devil attack victims over the ethics of Christ

A influência da cultura organizacional na adoção de práticas de qualidade Seis Sigma: um estudo exploratório no segmento de farmácia de manipulação do Estado do Rio Grand do Norte

In recent debates about the issues of quality, the theme organizational culture and Six Sigma has appeared ever more frequently. In this context several authors suggest that the adoption of Six Sigma practices is influenced by culture. This work focuses on the relationship of organizational culture and quality to the practices of Six Sigma quality. Thus a descriptive-exploratory and correlational study of forty pharmacies of manipulation from Rio Grande do Norte was undertaken. Data collection identified features of companies and the level of use of the practices of Six Sigma quality that have been identified in the literature. For the Organizational Culture evaluation was used the Competitive Value Model (Cameron & Quinn, 1996), tested on north-American organizations and considered a high value academic and professional instrument. This model has been involved with the taximetrics created by Cameron who classifies quality culture in four levels. The results suggest that the Group and Developmental cultures are associated with higher levels of use of the practices of Six Sigma quality than the Rational and Hierarchical Cultures. Regarding the levels of the culture s quality, the highest levels were most frequently cited in Errors Prevention and Perpetual Improvement and Creativity, being the last one more positively related to the Six Sigma indicators

Cultura organizacional e desempenho dos colaboradores :um estudo exploratório no setor hoteleiro

This work focuses on the relationship between organizational culture and quality culture in the hotel sector of NATAL/RN with respect to employee performance. The themes organizational culture and quality have been the research focus of administration theorists and a constant concern of professional managers, since the Japanese demonstrated effective forms or western management. In this study, the Competing Values Model (C.V.M.) (Quinn e Cameron, 1996; Quinn, 1998; Santos, 1998, 2000; Teixeira, 2001), which was tested on north-American organizations and considered a high value academic and professional instrument, was applied. The model maps the organizational culture on a profile with four elements: clan, adhocracy, market and hierarchy. The C.V.M., associated with the taximetrics created by Cameron (which classifies quality culture in for levels: status quo, error detection, error prevention and perpetual creative quality) has been related with organizational performance. In this study, these two models are used jointly and tested in the hotel sector. The results indicate that the strongest element of the profile is clan, which is characterized by internal focus, participation and people involvement, followed by the adhocracy element, which has an external focus, emphasizes flexibility and is characterized by dynamic enterprising and creativity. Regarding the level of the culture s quality in the hotel, the highest level, that of perpetual improvement and creativity, which attempts to enchant and to surprise the clients, was most frequently cited, followed by the error detection level, which has as its goal to discover and correct mistakes, trying, consequently, to reduce waste. The results suggest that employee performance as measured on some indicators is related to elements of the organizational culture profile and quality level

Molecular characterization of two Brazilian isolates of Lettuce mosaic virus with distinct biological properties

Efetuou-se a clonagem e seqüenciamento do gene que codifica a proteína capsidial de dois isolados do vírus do mosaico da alface (Lettuce mosaic virus, LMV) provenientes do estado de São Paulo, previamente caracterizados como pertencentes aos patótipos II (AF198, incapaz de infetar cultivares com os genes de resistência mo1¹ ou mo1²) e IV (AF199, capaz de quebrar a resistência propiciada pelos genes mo1¹ e mo1²), com base na virulência em cultivares diferenciadoras. Análise comparativa das seqüências de nucleotídeos de isolados provenientes da Europa, América do Norte, Oriente Médio e os dois isolados brasileiros não permitiu sua separação em estirpes, pois as porcentagens de homologia foram sempre superiores a 95%. Entretanto, análise filogenética dos isolados sugere uma origem comum entre o isolado AF-198 e os isolados LMV-R e LMV-0 (patótipo II, provenientes dos Estados Unidos e da França, respectivamente). O isolado AF199 apresentou uma alta homologia de seqüência com os isolados LMV-Aud e LMV-13, ambos provenientes da França. Esses isolados também são relacionados a isolados provenientes do Chile, embora uma origem comum não seja proposta. Eventos independentes de mutação podem estar ocorrendo em diferentes partes do mundo, propiciando o surgimento de novas estirpes de LMV capazes de quebrar a resistência conferida pelos genes mo1¹ e mo1².

A produção do Departamento de Imprensa e Propaganda (DIP) em acervos norte-americanos: estudo de caso

A ação do DIP tem recebido particular atenção, sobretudo quando se trata de evidenciar o caráter repressor e controlador que o órgão de fato exerceu. Menor ênfase tem sido dada a sua ação como editor e financiador de obras favoráveis ao regime: no mais das vezes, não se vai além da citação de uma lista de títulos favoráveis ao regime, que comprovam o investimento na imagem do chefe. Pesquisa realizada em dois acervos norte-americanos permitiu manipular um rol significativo de obras publicadas no período, as quais apontam para uma trama complexa entre autores, editores e gráficas. Além disso, a presença desse material no exterior indica os esforços do regime para atingir uma audiência internacional.

Alternância no uso dos modos indicativo e subjuntivo em orações subordinadas substantivas: uma comparação entre o português do Brasil e o francês do Canadá

The purpose of this work is to analyze the use of the indicative mood, instead of the subjunctive prescribed by the normative grammar, in complement clauses introduced by the conjunction que in Brazilian Portuguese. Contexts of use of the subjunctive according to grammatical prescription, and contexts of fluctuation on the use of that verbal mood were analyzed, in an attempt to investigate what interferes on the choice of the mood by the user of the language. This study is based on North-American Functional Linguistics theoretical perspective, oriented to analyzing language in use, in the light of the principles of grammaticalization and markedness. The results obtained support that the contexts that favor the indicative over the subjunctive are those composed by a complement clause functioning as a direct object the unmarked clause of all complement clauses and by a verb on the main sentence that belongs to the semantic field of low certainty, corresponding to the epistemic sub-mode the unmarked category of the deontic sub-mode. The results indicate that pragmatics and semantics factors influence the language user on the choice of the verbal mood. This research also presents comparative data on the use of the indicative mood in place of the subjunctive in Brazilian Portuguese and Canadian French, aiming to providing suggestions on language teaching

Aí marcador de especificidade de SN indefinidos: um estudo funcionalista com implicações para o ensino

This body of work aims to describe and analyze the behavior of the Aí specificity marker of indefinite Noun Phrases (NP), one of the many functions this linguistic item is developing in contemporary Brazilian Portuguese. From the Functional Linguistic theory perspective, the North American declivity, this project intends to outline the possible grammaticalization trajectory taken by the Aí specificity marker. It will be followed from its function as a spatial deitic up to its integration of indefinite NP, and the action of the fundamental principles of the theory, such as iconicity and informativity, will be observed on the use of this item. Following this, Aí specificity marker behavior will be described in respect to various linguistic and social factors: type of text where the occurrence is encountered, language modality in which the latter is produced, syntactic function developed by the NP specified by Aí , the existence or lack of material intervening between Aí and the NP nuclear noun, informational status of the NP adjugated to Aí , and finally, sex, education and age of the speaker. The occurrence of conversational implicatures will also be verified (GRICE, 1982) within the contexts of Aí specificity marker use. Reflections on the teaching of grammar will be made, as well as on the possibility and validity of working with noun phrase specificity markers in elementary and high school Portuguese language classes. The data used in this research project stem from Corpus Discurso & Gramática A língua falada e escrita na cidade do Natal (FURTADO DA CUNHA, 1998), and from Corpus Discurso & Gramática A língua falada e escrita na cidade do Rio de Janeiro (VOTRE; OLIVEIRA, 1995)

Indícios sincrônicos de gramaticalização: o uso do verbo chegar em orações coordenadas e na perífrase verbal [chegar (e) + v2]: contribuições para o ensino de gramática.

Based on North American Functional Linguistic Theory, our proposal is to describe and analyze the use of verb CHEGAR in verbal periphrasis such as [CHEGAR (E) + V2], where CHEGAR does not demonstrate a significance linked to physical movement. In linguistic literature, such periphrasis has been attributed several functions, related to aspectualization, emphasis of negative segments, and construction of mental spaces, among others. This study considers that the function of verb CHEGAR in the periphrasis in question is to indicate a global aspect, emphasizing a range of semantic-pragmatic nuances such as the sudden, instantaneous, or even abrupt character of the events refered to by the principal verb of the construction (V2), and/or the taking of initiative (sudden) by the agent (in the syntactic role of periphrastic subject), and/or subjective evaluations which go from surprise to frustration. Our objectives are the following: i) to describe and analyze the semanticpragmatic, morphosyntactic and social relationships which characterize the use of CHEGAR in verbal periphrases like [CHEGAR (E) + V2] and in coordinated/juxtaposed speech in which CHEGAR is the principal verb of the first utterance and is an elocution verb and the principal verb of the second; ii) identify, based on this description and analysis, synchrony proof in the grammaticalization of CHEGAR as an auxiliary verb in the periphrasis refered to. There was observed to be a strong similarity between coordinate/juxtaposed and periphrastic constructions. Such similarities strengthen the hypothesis that the use of CHEGAR as a lexical verb in coordinate/juxtaposed structures is the origin of the use of CHEGAR in the periphrastic structure, since the many properties encountered with higher frequency in lexical use are also just as frequently used as auxiliaries. Nevertheless, between the two constructions being studied, sufficient difference can be observed to see that CHEGAR, in the periphrasis [CHEGAR (E) V2], is behaving like an auxiliary verb, and shows typical properties of these types of verbs: i) in 100% of occurrences, it does not have a complement;ii) it has a co-referential subject in 100% of cases; iii) it does not appear with intervening material between it and V2. Besides this, CHEGAR, in periphrases, is predominant in nonneutral evaluation contexts, denoted by V2. Inspired by the results obtained, we propose strategies for the discussion of the [CHEGAR (E) V2] periphrases in both elementary and high schools.

Variação, mudança e ensino: o caso dos pronomes possessivos da gente e nosso(a)(s) em uma abordagem sociofuncionalista

In this work, we analyze the variation and change phenomenon involving the possessive pronouns da gente and nosso(a)(s) in the light of the theoretical referentials of the North-american linguistic functionalism and of the variationist sociolinguistics. At first we present the phenomenon itself, highlighting the fact that few studies have considered it as an object, gap which we will try to fill in with our contribution. In the following chapter, we emphasize concepts and principles of the functionalism and the sociolinguistics that are used as our background for the data analysis. In the third chapter, we present what the normative grammars inform about our object of study, besides synthesizing some works on variation and change involving the personal pronouns nós and a gente. In the following chapter, we analyze the data. We used data from the Discurso & Gramática a língua falada e escrita na cidade do Natal (FURTADO DA CUNHA, 1998) corpus. In this chapter we present the results for the groups of social and linguistic factors which we can control. Grounded on these results, we specify the preferential contexts for employing the pronouns da gente and nosso(a)(s) and we observe that the social motivations, the valorization credited to the forms and the identity marks underly the restrictions exercised in their use by social factor groups, besides obtaining signs of ongoing changes in apparent time (from the age factor groups) and possible use specializations of each form, what helped us verify the course of the grammaticalization process of the referred pronouns in the community of Natal. In the sixth chapter, we make some considerations on the teaching of grammar and propose activities which can be carried on in the classroom involving the possessive pronouns da gente and nosso(a)(s) considering the variation and change issue

A relação gramatical objeto direto : implicações para o ensino de língua materna

This paper attempts to investigate the discourse manifestations of the grammatical relation direct object with respect to the syntactic, semantic and pragmatic properties that underlie this element. The research adopts theoretical orientation of the functionalism from North American and Brazilian schools inspired in Givón (1995, 2001), Hopper and Thompson (1980), Chafe (1979), Furtado da Cunha, Oliveira, Martelotta (2003) inter alia. From functionalism, the research uses principles of iconicity, markedness and informativity and it analize categories of transitivity, grounding and animacy. This research is anchored in prototype model (TAYLOR 1995); construction grammar model (GOLDBERG 1996, 2002). Both theoretical orientations share the view that language is a malleable living organism subject to socio-cultural context. Grammar is then the result of created, maintained, and systematized linguistic patterns developed from and used for language use. According to a functional linguistics and cognitivist linguistics verbs are stored in the speakers lexicon in syntactic-semantic frames which are more frequent. These frames carry information concerning obligatory and optional arguments and the semantic roles these arguments take in the clause. The analysis focuses on the semantic type of the verbs and its relationship with the argument encoded as a direct object observing the aspectual nature of verbs. Direct objects are classified according to their morphology (lexical or pronominal noun phrase), semantic role, informational content and animacy. This study discusses pedagogical implications with relation to how the grammatical concepts touched on this paper are treated in school textbooks. The empirical data come from Corpus Discurso & Gramática: a língua falada e escrita na cidade do Natal (FURTADO DA CUNHA, 1998). This corpus is composed of texts that contain spoken and written modalities. These modalities are in turn organized according to different types: personal narratives, retold narrative, description of preferred place, procedural place, procedural description and report on argumentation. The sample data totals 40 texts produced by four language consultants of the last graduation date. The paper shows that the same syntactic structures (formed through Subject-Verb-Object) correspond to different semantic-pragmatic structures in relation to specific communicative purposes even verb is an event, process or state. The argument structure are not aleatory but are related to experience; that is the way humans conceptualize the world and talk about it