997 resultados para Brasil. Supremo Tribunal Federal (STF), decisão judicial
Resumo:
The Federal Constitution, in Article 1, sections III and IV, lifted the work as the foundation of the Federative Republic of Brazil, including work as a social guarantee in Article 6, listing in its Article 7 minimal guarantees role with respect to social rights of workers. Although elevated to constitutional rights, these social rights of workers have in the judicial interpretation of the characteristic elements of the employment relationship, sometimes a mismatch with the legal and constitutional order, when, in deciding not ponder such elements, causing damage economic and social benefits to all workers, thus affecting the very constitutional basis of worker protection, there is therefore situations in which there must be part of unavailability of rights by the employee. Therefore, identifying the characteristic elements of employment, means allow immediate legal finding about possible illegality perpetrated by the employer, precisely because the sentence recognizes be merely declaratory noting, therefore, the elements that make up the juridical system normative in order to establish the characterization of employment in step with the effective observance and guarantee of social rights and therefore the employer's performance limiter as pertains to hiring and employee dismissal. This point is it's main element of this work, which is fundamental for the exegesis of the theme to limit the autonomy of the will. There is no denying, therefore, the need to extend the effects of these guarantees in the employment contract. In this context, therefore, jumping the guarantees of employees, embodied in particular in the Consolidation of Labor Laws, and especially in the Federal Constitution and international protection instruments to ensure the fundamental right to secure employment relationship, where technological advancement, social and economic, reflect directly, such as the parassubordinação, and claiming more and more systematic resolutions, especially when evidence gaps' values, which elevate the debate about the need for increased use of precedents of order to support the judgments, often beset with aspects of unconstitutionality, all in compliance with the integration of standards, seeking legal enforcement of this bond and providing legal certainty, there emerged, so the essence of the theme: discuss to what extent the distortion of employment limits the effectiveness of social rights and what its legal effects, since the constitutional standard for social guarantees protects equally worker admission.
Resumo:
The increasing pace of technological change and innovation in the labor market are important landmarks that contribute to accelerate the improvement of vocational and technological education. The need to analyze the educational processes is correlated with this dynamic in order to respond to the pedagogical processes and inherent to the labor market needs in evidence. This research theme is centered on targeted education process for tourist activity that is premised on improving the quality of services, taking as analysis parameter technological higher education in the federal education network (IF), covering the design, similarity and the differences in the courses offered, the axis of Tourism, Hospitality and Leisure instituted by the National catalog Technological Colleges and the National Science and Technology Department in Brazil. The research also aims to investigate the design and implementation of these upper and search courses emphasize the importance of training for students. The research is exploratory qualitative from survey data on the websites of the Ministry of Education, was adopted as a research procedure the questionnaire sent to coordinators via institutional email courses, to collect data in order to obtain results about Technological Education Federal Education Network. The survey results show that most courses offered by technological higher education in the federal education network (IF) is the Tourism Management, we noted that this option is the result of the ease in assembling the structure of the courses in relation to others; teachers have this type of education a more practical option for students coming to the conclusion that the courses undergo a fragile process, stating that the formation lies only in the student's interest in obtaining the higher diploma course without concern for quality this academic background, demand for courses is by being fast graduation. Even as a result of the design and development of Political and Pedagogical projects it was found that they are built in the most collegial many of them without the participation of a pedagogue; about the permanence of the student identified a high dropout rate, occurring in some campuses to migration to the traditional higher education, a BA in tourism. Thus, this work aimed to contextualize the technological higher education in tourism, presenting the reality of the current situation, aiming to discuss the phenomenon from the description made by all subjects and the research object, knowledge of which is due to experience the federal education network that was able to bring the essence of the matter.
Resumo:
In recent decades, debates have intensified about (auto) biographical narratives as devices of socio-educational practices, aligned to the educational setting of the XXI century which have stimulated a new educational perspective woven with epistemological and methodological training throughout life. Towards that scenario, the continued training in Judicial School has occupied important space for constitutional effectiveness and, on the other hand, has grown the demands of expanding knowledge and enhancing training practices, in turn, judicial practices. The aim is to analyze the reflective Group through "Professional Training biographical Workshop" with Bailiffs such as socio-educational practices in socio Judicial School, in the city of Natal /RN. It has highlighted the questions that guided this study: 1. What paths of experiences and knowledge shared by the Law Officials, Federal Appraisers in "Professional Training biographical Workshop" as reflective Group? 2. How is organized the reflective Group as practice in socio-professional training setting? 3. What contributions narratives of themselves bring to the bailiff in reflective Group on Judicial School? The theoretical assumptions are supported in the lifelong training in methodological and epistemological dimension of (auto) biographical knowledge (JOSSO, 2008, 2010, 2012; PINEAU, 2005, 2006; DOMINICÉ, 2010; DELORY-MOMBERGER, 2006, 2008; FREIRE, 1987, 1996, 2001; PASSEGGI, 2008; 2010; 2011; 2012). In 2009, 09 (nine) civil servants in post of Federal Appraiser Justice Official, law graduates participated in this research through eight (08) "Biographical Workshops of Professional Training", consisting of biographical practices and scenarios, enabling oral and written narratives about a memory that has meaning, relationship and tessituras between files, facts and feelings that reveal the perception of self and other, as well as mobilize and weave the training process. The experiences of speaking, writing and reading were constituted of spaces that facilitating the reconstruction of the trajectory of training and career awareness-making, helping to re-signify labor relations and lead to their own professional design. From this study, the reflective properties of groups have emerged, consisting of Reflexivity, Experience, Historicity, Reversibility, dialog and formability processes, with paths to social and educational practices in which professionals identify the meaning and significance of self and of the profession that are exercising. The expectation is to continue with the spirit of research to emerge from the participants responses to training practices in Judicial School, aligned with the new knowledge of understanding the human being, not only an object of his work, but also a social subject, co-participant in the process of re-signifying life and work in a permanent way.
Resumo:
The use of energy from renewable sources is increasingly demanded by society, especially aeolian - whose raw material is wind. Investments in wind power have become significant in Brazil with emphasis on the Northeast and in particular the Rio Grande do Norte state. According to the Empresa de Pesquisa Energética (Energy Research Company) (2012 ) , investments in the state grew significantly since 2002 with a total accumulated power, by 2013, of approximately 3,400 MW . Even with the early experiences of exploitation of wind energy in 2002, it is still considered new and requires further study referring to the likely changes in the environment and society. In this case, it is of growing and urgent importance to deeply study the wind still in the survey phase of the project, ie , at the beginning of decision making on the most feasible to implement these parks site. Given the above, the question is: from a technical and environmental analysis, how to identify viable areas to install Aeolian parks, taking into account the factors of the environmental dynamics that are relevant to minimize the negative results to the environment and the society? Thus, this study conducted a study on technical and environmental feasibility, proposing a methodology of exploration of feasible wind farms in coastal areas. The study area was a fragment of the northern coast of Rio Grande do Norte and its natural landscape units were identified through the environmental characterization of the area, as well as it was elaborated the map of the land cover, restriction homes and urban areas and Permanent Preservation Areas - PPAs. The environmental fragility was subdivided in the fragility of the natural dynamic, mapped through relief, soils and geology of natural units, and the fragility of the ecosystem, originated by the land cover map. In addition to these maps, it was generated the wind resource for an area from a height of 50 and 100 meters. The intersection between the fragility maps, PPAs and Restriction of homes superimposed on maps of wind potential, provided the map of feasibility of Aeolian parks, resulting in the most favorable areas for its facilities in a technical and environmental point of view. From this study, the entrepreneur can evaluate whether or not to proceed with the studies in this area and especially decrease potential conflicts with society.
Resumo:
We studied in this dissertation the argumentation in the court judgment, which goal was to identify, describe and explain the running of argumentative operators in the argumentative orientation of text and discourse built through the text of the judgment. We support our research in the constructs adopted for the ATD – (Textual Analysis of the Discourses) - Adam (2011), in the studies about the Aristotle’s Rhetoric (1959) and Perelman and Olbrechts-Tyteca (1996) and other works such as of the Alves (2005), Capez (2008), Charaudeau (2012), Keller and Bastos (2015), Koch (2009; 2011), Rodrigues, Silva Neto and Passeggi (2010), Trubilhano and Henriques (2013). In a methodological way, we made use of deductive-inductive method, because we analyzed the argumentation in an "unknown" text - particular case - based on a theory already known (about language, text and argumentation). About the nature and objectives, our search was characterized as qualitatively and as an explanatory and descriptive investigation, with technical procedures of documental collection of Bibliographic Search. As corpus, we use a court judgment of character condemnatory, issued on September 10, 2014 and taken from the online site of the Federal Court of Rio Grande do Norte (JFRN). The results revealed that the argumentative operators exercised decisive roles in the organization of argumentative strategies of the text and the speech , guiding the announcer to the Desired conclusion by the enunciator. It was also possible to conclude that the use of argumentative operators allowed syllogistic constructions in the form of presentation of the arguments and in the construction of argumentation. In addition, operators like "but", "until", "already", "although" etc. helped to identify in the data's analysis the point of view (PoV) of the enunciator, the expectation break about the previous enunciate and / or the value scale given to the argument. Finally, with the use of argumentative operators the enunciator introduced arguments able to demonstrate/justify a thesis and refute an opposing thesis towards a conclusion sought by the own enunciator.
Resumo:
We studied in this dissertation the argumentation in the court judgment, which goal was to identify, describe and explain the running of argumentative operators in the argumentative orientation of text and discourse built through the text of the judgment. We support our research in the constructs adopted for the ATD – (Textual Analysis of the Discourses) - Adam (2011), in the studies about the Aristotle’s Rhetoric (1959) and Perelman and Olbrechts-Tyteca (1996) and other works such as of the Alves (2005), Capez (2008), Charaudeau (2012), Keller and Bastos (2015), Koch (2009; 2011), Rodrigues, Silva Neto and Passeggi (2010), Trubilhano and Henriques (2013). In a methodological way, we made use of deductive-inductive method, because we analyzed the argumentation in an "unknown" text - particular case - based on a theory already known (about language, text and argumentation). About the nature and objectives, our search was characterized as qualitatively and as an explanatory and descriptive investigation, with technical procedures of documental collection of Bibliographic Search. As corpus, we use a court judgment of character condemnatory, issued on September 10, 2014 and taken from the online site of the Federal Court of Rio Grande do Norte (JFRN). The results revealed that the argumentative operators exercised decisive roles in the organization of argumentative strategies of the text and the speech , guiding the announcer to the Desired conclusion by the enunciator. It was also possible to conclude that the use of argumentative operators allowed syllogistic constructions in the form of presentation of the arguments and in the construction of argumentation. In addition, operators like "but", "until", "already", "although" etc. helped to identify in the data's analysis the point of view (PoV) of the enunciator, the expectation break about the previous enunciate and / or the value scale given to the argument. Finally, with the use of argumentative operators the enunciator introduced arguments able to demonstrate/justify a thesis and refute an opposing thesis towards a conclusion sought by the own enunciator.
Resumo:
In recent years we have observed, in Brazil, the expansion of democratic spaces, providing the use of participatory management strategies in common-pool areas. However, the existence of a co-management model does not guarantee its practice, neither that it will prevent the depletion of common features characterizing the tragedy proposed by Hardin. In this work we analysed the management of Acaú-Goiana RESEX which is located in the cities of Acaú (PB) and Goiana (PE), eight years after its legal creation. We evaluated how much the users of RESEX possess information (even if non formalized) regarding the common use of area and whether they exhibit collectivist values. We used as an interpretative tool the facilitators principles of common resource management (PGRC) identified by Elinor Ostrom and the questionnaire of human values proposed by Schwartz. The human values questionnaire was applied to 240 individuals, half beneficiary and the other half non-beneficiary, only the beneficiaries were submitted to the questionnaire of PGRC. Interviews were conducted in the period of May to September 2014. We tested three hypotheses: 1) The degree of dependence from RESEX resources will play an important role on indirect knowledge of the PGRC; 2) the inclusion of individuals in a communal area (RESEX) increases collectivists values; 3) higher collectivist value rates increases knowledge of PGRC. To this end, we defined levels of socio-economic dependence of RESEX resources, knowledge of PGRC and individual values. GLM statistic analysis of mean comparison and correlation were employed. Our results showed that the knowledge on six of the seven items analyzed in the basic principles (PGRC) is still low. The extended land area and the high number of users may be exerting a detrimental effect on the development of a co-management. Contrary to expected, it was not the dependency who influenced knowledge on the PGRC, but the time spent in contact with the RESEX. This indicates that direct contact with the environment, not the dependence of it, that raises awareness about PGRC. According to our hypothesis, individuals with collectivist values showed greater knowledge of PGRC and reduced hours of work within the RESEX, indicating a greater tendency of individuals refrain their use of the common resource. Individualistic values correlated with less knowledge of a PGRC. Among the beneficiaries, individuals with higher individualistic values had higher monthly income, while among non-beneficiaries there was no such correlation, demonstrating the economic advantages of individualism (free-riding) in situations of non-private use of resources. Our data emphasize the importance of guiding the main actors in the development of a co-participatory management in the direction of the basic principles, and to develop collectivist values among users of a common good can raise awareness of these principles.
Resumo:
Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct grounded in legal principles and rules set out in the Constitution of the Federative Republic of Brazil and the Organic Law of the National Judiciary, also contemplating propositional instruments covered by the constitutional system, which conveys behavioural paradigms inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those instruments in the Brazilian Ethical Code of the Magistrates and in the official complementary training of judges in charge of Judiciary Schools. The study provides the theoretical influxes of moral norm, passing by behavioural social norm to consolidate the ideal standards of judicial conduct into legal standards and related instruments. The Legal Deontology directed to the ethical judicial conduct is confronted with the stereotype that society expressed in relation to the judge's person, who is the political agent that interprets the law for making decisions which directly influences the realization of access to justice, that is constitutionally guaranteed to all. Core values inserted in the constitutional system intended to discipline the judicial conduct are presented and analysed under a critical view, since they are enclosed in prescriptive language that conveys behavioural aspects open to interpretation and which compliance is revealed as a proposition focused on promoting a better solution of interest’s conflicts under the responsibility of those who constitute the distinctive corporation of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the approach of normative and propositional instruments of deontological content, still focusing on the study of real cases examined by the Brazilian National Council of Justice, as part of its correctional goals.
Resumo:
A disponibilidade de cadáveres para estudo e pesquisa vinha sendo feita tradicionalmenteutilizando-se corpos não reclamados sem grandes formalidades. Com a complexidadejurídica, social, ética e moral dos tempos atuais, o simples encaminhamento dessescorpos ao Departamento de Morfologia da Universidade Federal do Rio Grande do Norte,passou a ser temido com o receio de transgredir a legislação penal. Isso desencadeouuma redução no número de cadáveres para as aulas práticas de Anatomia. Essarealidade levou o Departamento de Morfologia da Universidade Federal do Rio Grande doNorte a pesquisar mecanismos legais que solucionassem a escassez de cadáveres parao estudo e pesquisa. A metodologia utilizada constou de reuniões de discussão eapresentação de protocolos de aquisição de cadáveres com base na legislação vigente.Os resultados obtidos foram: (1) Publicação do provimento 093/2012 da CorregedoriaGeral da Justiça do Tribunal de Justiça do Estado do Rio Grande do Norte, que dispõesobre o registro de óbito dos cadáveres destinados às escolas de Medicina para fins deensino e pesquisa; (2) Elaboração de protocolos para aquisição de cadáveres nãoreclamados junto às instituições; (3) Programa de doadores voluntários na UniversidadeFederal do Rio Grande do Norte.Por fim, concluímos que o conhecimento das atribuiçõespor parte das instituições públicas e privada, bem como o programa de doação voluntáriaaumentaram a oferta de cadáveres para o ensino da Anatomia Humana na UniversidadeFederal do Rio Grande do Norte.
Resumo:
En la presente comunicación aspiramos a compartir algunos aspectos de nuestra experiencia en la enseñanza de español como lengua extranjera en el Centro de Idiomas del Instituto Federal de Educación, Ciencia y Tecnología de Pernambuco, en el marco de la primera beca IFPE-UNLP para estudiantes de grado de los Profesorados de Inglés, Francés y Letras. Dicha beca fue asignada con el objetivo de llevar a cabo una estancia laboral de entre dos y cuatro meses del segundo semestre de 2013 en ciudades del estado de Pernambuco, en el nordeste de Brasil; durante la estancia se ejercieron tareas de práctica docente en nuestra lengua de especialización, el inglés, y nuestra lengua materna, el español, y se cursaron estudios relacionados con tales tareas. Esta experiencia resultó de particular relevancia para nuestra formación docente dado que permitió plantear la instancia de enseñanza y aprendizaje como un auténtico encuentro entre culturas en el cual las lenguas funcionaban como verdaderos nexos de conocimiento mutuo entre participantes del encuentro didáctico que se constituyeron, por ambas partes, en docentes y alumnos simultáneamente; todo ello permitió la puesta en práctica de estrategias de comunicación plurilingüe y multicultural que excedían el ámbito áulico. Se procurará en este trabajo describir las tareas realizadas como parte de la preparación al dictado de los cursos de español como lengua extranjera: la decisión de los enfoques metodológicos de enseñanza y aprendizaje, el establecimiento de objetivos generales, la definición de los contenidos, la elección de materiales didácticos. Asimismo, será de interés presentar brevemente las tareas realizadas durante el dictado de los cursos: la planificación de contenidos, su secuenciación y sus tareas, y las estrategias de evaluación utilizadas; así como aventurar algunas conclusiones resultantes de la reflexión sobre esta experiencia intercultural
Resumo:
As estratégias de posicionamento são essenciais para o alcance de vantagem competitiva nos diferentes setores das atividades concorrenciais. O objetivo do trabalho está em investigar os discursos empregados pelos seis principais agentes envolvidos no processo de implantação da TV digital no Brasil e, concomitantemente, analisar e discutir os interesses de cada um desses agentes como participativos da decisão técnica/política da escolha do padrão de TV digital. Por intermédio de pesquisa exploratória de natureza qualitativa, análise pós-factum, com emprego da técnica de entrevista embasada na fusão de três referenciais teóricos relacionados ao posicionamento estratégico, especificamente, a Estratégia Decidida Continuamente, Nova Retórica e Análise Retórica, buscou-se delinear as diferentes etapas do processo que culminaram na outorga do padrão digital da TV brasileira em 02 de dezembro de 2007. A análise dos resultados da pesquisa aponta que a adoção do padrão japonês ocorreu em perfeita consonância com os interesses formados pela aliança dos Radiodifusores e do Governo Federal, em detrimento dos interesses do Coletivo Intervozes, da Indústria de Telecom e da Academia, sendo que, para a Indústria de Eletro-eletrônicos não houve interferências significativas no seu modelo de negócio. Esse caso constitui um instrutivo exemplo do processo de negociação no emprego das estratégias por parte dos executivos atuando como agentes retóricos na defesa dos interesses de suas respectivas organizações.
Resumo:
O objetivo deste artigo é investigar o sistema federal de financiamento à inovação no Brasil, focalizando os mecanismos de apoio financeiro às empresas oferecidos pelas principais agências federais de fomento. Indaga-se se a aplicação de recursos feita pela FINEP e pelo BNDES, como principais agências, e também pelo SEBRAE, tem sido adequada para estimular a atividade de inovação nas empresas brasileiras. Verifica-se que o sistema federal de financiamento à inovação evoluiu favoravelmente nos últimos dez anos, com o aumento da oferta de recursos, com o surgimento de novos programas e mecanismos de apoio financeiro. Não obstante, ainda há fragilidades relevantes, como a instabilidade no padrão de financiamento, a pulverização e dispersão no uso de recursos, a falta de autonomia das agências, a dificuldade das empresas de pequenos e médio porte acessarem os recursos.
Resumo:
This paper comprises an investigation on the influence of the variable family backgrounds (father school level, mother school level and family income) over the pupil s performance in admissions examination (entrance test or PROITEC) at Instituto Federal de Educação, Ciência e Tecnologia do Rio Grande do Norte (IFRN). From that point of view, the main goal of this research is to analyze the influence of the family background as a determiner of the pupil´s performance in the access to Technical and Professional education at IFRN. Secondary data were used from two databases (entrance test and PROITEC) adding up to 19.226 observations to the vacancies offered in the year of 2013. Aiming at achieving the proposed goal, a conceptual model composed of three hypothesis was developed. The results were presented in four stages: stage I presentation of the descriptive statistical results of the two databases; stage II separation of the campi in clusters; stage III analysis of multiple regressions; stage IV analysis of the logistics regressions. Two statistical tests were used to validate the hypothesis: T-test and Wald test. Hypothesis 1 and 2 were confirmed and H3 was refused. The results presented favorable causal connections to the family income and the father school level variables (with bigger effect for fathers with a higher education degree). The mother school level variable did not provide statistical significance for this research. Based on this result, after this work, this institution is to develop a strategic plan to assist in the success rate of students preparing diagnoses in order to diminish the effects of the variables that impacted negatively
Resumo:
Universities are institutions that generate and manipulate large amounts of data as a result of the multiple functions they perform, of the amount of involved professionals and students they attend. Information gathered from these data is used, for example, for operational activities and to support decision-making by managers. To assist managers in accomplishing their tasks, the Information Systems (IS) are presented as tools that offer features aiming to improve the performance of its users, assist with routine tasks and provide support to decision-making. The purpose of this research is to evaluate the influence of the users features and of the task in the success of IS. The study is of a descriptive-exploratory nature, therefore, the constructs used to define the conceptual model of the research are known and previously validated. However, individual features of users and of the task are IS success antecedents. In order to test the influence of these antecedents, it was developed a decision support IS that uses the Multicriteria Decision Aid Constructivist (MCDA-C) methodology with the participation and involvement of users. The sample consisted of managers and former managers of UTFPR Campus Pato Branco who work or have worked in teaching activities, research, extension and management. For data collection an experiment was conducted in the computer lab of the Campus Pato Branco in order to verify the hypotheses of the research. The experiment consisted of performing a distribution task of teaching positions between the academic departments using the IS developed. The task involved decision-making related to management activities. The data that fed the system used were real, from the Campus itself. A questionnaire was answered by the participants of the experiment in order to obtain data to verify the research hypotheses. The results obtained from the data analysis partially confirmed the influence of the individual features in IS success and fully confirmed the influence of task features. The data collected failed to support significant ratio between the individual features and the individual impact. For many of the participants the first contact with the IS was during the experiment, which indicates the lack of experience with the system. Regarding the success of IS, the data revealed that there is no significance in the relationship between Information Quality (IQ) and Individual Impact (II). It is noteworthy that the IS used in the experiment is to support decision-making and the information provided by this system are strictly quantitative, which may have caused some conflict in the analysis of the criteria involved in the decision-making process. This is because the criteria of teaching, research, extension and management are interconnected such that one reflects on another. Thus, the opinion of the managers does not depend exclusively on quantitative data, but also of knowledge and value judgment that each manager has about the problem to be solved.
Resumo:
This work was general-purpose, develop a proposal of a theoretical model of decisionmaking with a focus on management of small family farms costs, which enables support for decision making. And the following objectives: i) develop a structured methodology, which allows to form a literary basis to provide scientific support for the implementation of research; ii) develop based on the literature the dimensions and variables of the necessary models to propose an application and iii tooling) to implement the proposed model within the dimensions and variables, and validate every stage background and perform the necessary conclusions to verify the effectiveness of applied model. In terms of methodology, we used a structured methodology, which allowed forming a bibliographic portfolio of 29 articles, and through the research constructs developed, based on an existing model, an activity segmentation model for aid farmer of small family farms in the decision-making process with emphasis on cost management. The model was applied in six family farms in the South West region of Parana and Santa Catarina West. With regard to the search results, it was identified that the model can be applied to the specific context for which it was created. It was also possible to identify that the proposed model was valid and relevant to aid in the management of family farms by identifying, through the targeting of productive activities, investment priorities guided by the balance between managing costs and return activities. Moreover, possible to target the activities of six surveyed properties, demonstrating that the property 02, has the shape of more complex segmentation should be divided into three groups of activities, which can be conducted in parallel without any restrictions between activities. Other properties have the segmentation of the simplest activities, allowing viewing in this way that there are activities of groups that require prioritizing investments. Specifically the property 01 and 04 have the highest priority investment target groups, the most prominent activities of groups representing respectively 49.32% and 47.40%, which are represented by grain production activities on the property 01 and grain production, beef cattle and eggs on the property 04.