1000 resultados para Poder constituinte
Resumo:
The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional
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The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security
Resumo:
The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution
Resumo:
During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health
Resumo:
Em experimento de campo, avaliou-se o potencial de impacto ambiental de águas residuárias de suinocultura, acondicionadas em um tanque de estocagem, com distintos tempos de retenção hidráulica e aplicadas, posteriormente, em lisímetros preenchidos com solos arenosos, argilosos e de texturas médias. Para tal, foram determinados os valores de pH nos solos e as quantificações das concentrações de zinco e cobre na água residuária in natura e, após os quatro tempos de retenção hidráulica do tanque de estocagem, nos percolados dos lisímetros e nos solos. Os resultados mostram que a estocagem não foi eficiente na redução, aos níveis exigidos pela legislação, das concentrações de zinco e cobre nos efluentes do tanque de estocagem. A aplicação no solo gerou reduções eficientes nas concentrações de zinco e cobre. Por fim, enfocando a contribuição fertilizante destas águas residuárias, o solo argiloso foi o mais beneficiado com este sistema integrado de tratamento, contribuindo para a redução das concentrações de zinco e cobre para valores abaixo dos permitidos pelas legislações, o que protegeria o lençol freático da contaminação por esses dois metais pesados.
Resumo:
La beauté dans la Gymnastique Rythmique (GR) s est esquissée comme condition de son existence. Pour son analyse, nous avons eu recourt au discours sur le pouvoir de Foucault (1971, 1979, 1987, 1988, 1997, 2003) et à sa relation avec la production de savoirs. Basés sur cette compréhension, nous avons réfléchi sur les relations de pouvoir dans la GR qui se sont établies et consolidées grâce à la réglementation de sa pratique, dans lequel le Code de Pointage a un rôle prépondérant. Ainsi, la GR a construit sa beauté à travers les temps au moyen de jeux de force où la gestualité de corps performatiques, à travers la discipline, a été prépondérant. Cette dernière a configuré des sens attelés à la coercition-résistence des corps: la production de discours. C est en pensant à une beauté comme ume trame de discours construits par ces relations de pouvoir-savoir des investissements du corps dans la Gymanstique Rythmique que nous nous posons les questions: Comment le Code de Pointage réglemente la gymanstique rythmique et sportive au sujet de la construction de la beauté ? Quelle est la relation entre les pouvoirs et les savoirs impliqués dans cette réglementation ? Nous avons donc pour objectifs de rechercher la beauté dans la Gymnastique Rythmique comme savoir produit à partir des relations du pouvoir circonscrites dans les règles de la modalité et de discuter la beauté à partir de la relation pouvoir/savoir comme réflexion pour le milieu de l éducation physique. Nous avons utilisé comme méthodologie la technique de l analyse de contenu (Bardin, 1977) afin d analyser le Code de Pointage de la GR dans sa version 2005-2008. Nous avons également fait usage des images de gymnastes comme moyen analogique pour amplifier le sens des discussions. La lecture fluctuante nous a permis de sélectionner des unités significatives et d organiser nos discussions en trois axes thématiques qui composent le premier chapitre intitulé « La beauté réglementée ». Dans ce chapitre, nous discutons les spécificités de la GR, la prescription de l utilisation du temps et de l espace et la configuration du geste technique à partir de l analyse de son code de ponctuation. Dans le deuxième chapitre, « Le corps beau transcende la règle », nous réalisons quelques réflexions destinées à l éducation physique à partir de la discussion du chapitre antérieur en prenant pour cible trois sujets : Pouvoirs et Savoirs, Technique et Style, Beauté et Éducation. Nous avons ainsi constaté que la beauté de la Gymnastique Rythmique contemporaine est entourée par sa réglementation, mais a été et continue à être dessinée par des mécanismes de pouvoir-savoir tout au long de sa trajectoire historique. Malgré l existence de conditions pour la beauté dans le Code de Pointage de la GR, il existe la possibilité de la création du propre style par la gymnaste, par la possibilité de vivre l improvisé et l imprévu, de sensibiliser le public, parce que le pouvoir crée des savoirs et le corps, qui se dépasse, créera toujours de nouvelles formes d être beau. La constatation que le Code de Pointage produit une beauté et que la gymnaste la reconstruit continuellement en en réactualisant les règles est une réflexion importante pour l éducation physique: elle réaffirme que le corps n est jamais seulement soumis, que même dans la soumission il est capable de produir du savoir, d être beau et de créer de nouveaux sens pour la Culture de Mouvements
Resumo:
As a result of the prediction of irreversible changes on necessary conditions to maintain life, including human, on the planet, environmental education got the spotlight in the political scenario, due to social pressure for the development of individual and collective values, knowledge, skills, attitudes and competences towards environmental preservation. In Brazil, only in 1999 the right for environmental education was officially granted to people, having the status of essential and permanent component in the country s education. Since then, it has been Government s duty, in each federal branch, to plan actions to make it happen, in an articulate way in all levels and modalities of the education process, both formally and informally. This work of research has environmental education in the school as subject matter, and aims on analyzing social and political mediations established between this National Environmental Education policy and the contexts associated to the legislative production process, the political nature of the conceptions about environmental education that underlie Law 9.795/99 (Brazil, 2009c) and also Rio Grande do Norte Government s actions and omissions related to the imperative nature of the insertion of environmental education in the schools ran by the state, during the ten years this law has been in force. The investigation of the subject matter was led by a social and historical understanding of the social and environmental phenomena, as well as of the education system as a whole, considering that only through a dialectical view we can see the real world, by destroying the pseudo-concreteness that surrounds the topic. While analyzing, we assumed that in face of the dominance of a social organization in which market regulations rule on environmental ones, by developing individual and collective critical conscience, environmental education can become a threat to dominant economical interests in exploiting natural resources. The results of this research suggest that as an educational practice to be developed in an integrated, continuous and permanent fashion in all levels and modalities of formal education, environmental education has not yet come to pass in the state of Rio Grande do Norte, due to the neglect and disrespect of the government when facing the need of promoting the necessary and legally appointed measures to make it present in the basic education provided by the state. The legislators silence when it comes to approving a regulation on environmental education essential to define policies, rules and criteria to teaching the subject in the state and the omission from the public administration regarding critical actions in order to integrate in public schools the activities related to the National Environmental Education Policy, represent a political decision for not doing anything, despite the legal demand for an active position. This neglecting attitude for the actualizing of strategically concrete actions, urgent and properly planned for the implementation of environmental education in schools in a multidisciplinary way, exposes the lack of interest the predominant classes have in such kind of education being made available, as it could be developed based on a critic political view, becoming a political and educational action against dominance. When analyzing the basic principles and fundamental goals in Law 9.795/99 (Brazil, 2009c) the development of a critic environmental education is really possible and concurs with the National Environmental Education Policy, reflecting the social and political mediations established between this public policy and the contexts associated to its legislative production process, which are responsible for approving a regulation which also represents the mind of the people about environmental protection above anything else
Resumo:
The present study examined the relations of power in the management of the Escola Estadual Presidente Kennedy, including the deliberate decisions on the School Council and School Fund, which guided the organization of the school. We sought to understand the management models that influenced the school organization, promoting contradictions in the decision making process. The school management is intensely marked by management models from the business logics as in the case of managerialism of bureaucracy. The formulation of educational policies based on managerialism has proposed a school-centered management with intense accountability of the school community in planning and monitoring the public services. The influences of these models subsidize hierarchical power relations that undermine the actions of decision-making of the collegiate bodies for the democratization of school management. To develop a research on the power, the investigation was based on studies of Bourdieu and Foucault. These authors understand the power in a relational system in a double sense, both in terms of discipline and the possibility of resistance. A theoreticalmethodological matrix was developed focusing on literature review, document analysis, structured interviews with twelve representatives of the segments belonging to the School Council and School Fund, as well as observations in meetings with the production of field notes. It was found that power relations experienced in the organization and activities of the school boards are marked by changes in public management over the years, promoting the contradictions between the concepts of corporate management originated in the business logics and the perspective of democratic management subsidized by official legislative documents at the national and state levels. The observations in meetings and analysis of the records showed that representatives related to management (president and manager of the school) have a privileged position with regard to exposure of their propositions, and are more likely to take a position in the political game of the collegiate bodies of work. It was also seen that the irregularity of meetings, particularly of the School Fund meetings, limits the experience of operation of the representatives in discussions concerning the planning and monitoring the actions of school management. Reports from representatives of the School Council showed that certain segments related to the management recognize their power of decision, however others have little interfere in the decision-making process in order to expound the desires of those who are represented by them. In the School Fund, the analysis of the records and interviews showed restricted moments of the meeting of representatives, and these only being aimed at choice or approval of the implementation plan prepared by the school management. The results showed no indications of moments of reflection to study the best chance for applicability of resources. This collegiate body (School Fund) has a questionable action when planning and monitoring the applicability of the financial resources of the School. To sum up, it was found that the Escola Estadual Presidente Kennedy still lives hierarchical power relations that undermine the institutionalization of democratic management in the various representative segments may take place in the game of political decision-making processes necessary for the organization of the school
Resumo:
This study board the FUNDEF social control council implementation in Parnamirim/RN city, concerning their representatives participation in the accompaniment (decision power) in resort, in front of governmental politics of decentralization, unleashed in 90´s, seen in decentralization process needs the society participation in decisions of educative institutions and represent an efficient way of solve the problems difficult the educational management actions. For this, the council creation of Brazil manager configure, since the 80´s, detaching, and the single characterizing, in actual context. The objective is raise pertinent questions of thematic of representatives members participation of collegiate organs, evidencing the decision power of these, in public resource control. The theory-methodological referential the literature treat the participation and power decision of FUNDEF social control decision, such as politics directrix that rules this council. It utilizes as proceeding of collecting data the semi-structured interview and analyze of meeting register to understand the empirics of council implantation in this city, in view of that the electoral process configured in 2003, showed as a innovation, because the counselor is indicated by the local public power representatives (in this case the education municipal secretary). The research result show the representatives have difficult, to accompany the FUNDEF resources amount, particularly in concern in the financial resources (ratio) over plus. Finally, emphasize the importance of democratization in the relations between the state and civil society, elucidating and exciting reflections a: democratic participation in control of public recourses for education, educational management and civil society mobilization in access of public and cultural cash which the citizen has rights
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This paper presents an analysis of the current strategic plan of the Judiciary of Rio Grande do Norte emphasizing the evaluation of strategic indicators verifying the effectiveness in implementation, since the implementation of the Balanced Scorecard as a tool for performance evaluation of strategic management. The research presents the strategy map and the evaluation indices of strategic performance reporting on the effectiveness. After literature review and documentary, is making the measurement of indicators that are treated from the standpoint of an exploratory and descriptive in strategic planning used by the judiciary Potiguar. The problem was evaluated qualitatively and quantitatively using statistical techniques for data analysis comparing them between Judiciaries of Brazilian States. With respect to data collection was used performance indicators extracted from the data of Justice in Numbers provided by CNJ the period from 2004 to 2011, and the information sought in the Sector Strategic Planning TJ / RN. The main results of this study are as follows: Acquisition of insight into what level is the strategic planning of the judiciary of Rio Grande do Norte and the evolution of its performance indicators comparing them with the states of RS, CE, SE and the National Judiciary
Resumo:
In the last decades there was a significant increasing of the numbers of researchers that joint efforts to find alternatives to improve the development of low environmental impact technology. Materials based on renewable resources have enormous potentials of applications and are seen as alternatives for the sustainable development. Within other parameters, the sustainability depends on the energetic efficiency, which depends on the thermal insulation. Alternative materials, including vegetal fibers, can be applied to thermal insulation, where its first goal is to minimize the loss of energy. In the present research, it was experimentally analyzed the thermal behavior of fiber blankets of sisal (Agave sisalana) with and without surface treatment with oxide hidroxide (NaOH). Blankets with two densities (1100/1200 and 1300/1400 g/m2) were submitted to three rates of heat transfer (22.5 W, 40 W and 62.5 W). The analysis of the results allowed comparing the blankets treated and untreated in each situation. Others experiments were carried out to obtain the thermal conductivity (k), heat capacity (C) and the thermal diffusivity (α) of the blankets. Thermo gravimetric analyses were made to the verification of the thermal stability. Based on the results it was possible to relate qualitatively the effect of the heat transfer through the sisal blankets subjected to three heat transfer rates, corresponding to three temperature values (77 °C, 112 °C e 155 °C). To the first and second values of temperature it was verified a considerable reduction on the rate of heat transfer; nevertheless, to the third value of temperature, the surface of the blankets (treated and untreated) in contact with the heated surface of the tube were carbonized. It was also verified, through the analyses of the results of the measurements of k, C e α, that the blankets treated and untreated have values near to the conventional isolating materials, as glass wool and rock wool. It could be concluded that is technically possible the use of sisal blankets as constitutive material of thermal isolation systems in applications where the temperature do not reach values greater than 112 ºC
Resumo:
In the last decades there was a concentrate effort of researchers in the search for options to the problem of the continuity of city development and environmental preservation. The recycling and reuse of materials in industry have been considerate as the best option to sustainable development. One of the relevant aspects in this case refers to the rational use of electrical energy. At this point, the role of engineering is to conceive new processes and materials, with the objective of reducing energy consumption and maintaining, at the same time the benefits of the technology. In this context, the objective of the present research is to analyze quantitatively the thermal behavior of walls constructed with concrete blocks which composition aggregates the expanded polystyrene (EPS) reused in the shape of flakes and in the shape of a board, resulting in a “light concrete”. Experiments were conducted, systematically, with a wall (considerate as a standard) constructed with blocks of ordinary concrete; two walls constructed with blocks of light concrete, distinct by the proportion of EPS/sand; a wall of ceramic bricks (“eight holes” type) and a wall with ordinary blocks of cement, in a way to obtain a comparative analysis of the thermal behavior of the systems. Others tests conducted with the blocks were: stress analysis and thermal properties analysis (ρ, cp e k). Based on the results, it was possible to establish quantitative relationship between the concentration (density) of EPS in the constructive elements and the decreasing of the heat transfer rate, that also changes the others thermal properties of the material, as was proved. It was observed that the walls of light concrete presents better thermal behavior compared with the other two constructive systems world wide used. Based in the results of the investigation, there was shown the viability of the use of EPS as aggregate (raw material) in the composition of the concrete, with the objective of the fabrication of blocks to non-structural masonry that works as a thermal insulation in buildings. A direct consequence of this result is the possibility of reduction of the consume of the electrical energy used to climatization of buildings. Other aspect of the investigation that must be pointed was the reuse of the EPS as a raw material to civil construction, with a clear benefit to reducing of environmental problems
Resumo:
The objective of this study was to produce biofuels (bio-oil and gas) from the thermal treatment of sewage sludge in rotating cylinder, aiming industrial applications. The biomass was characterized by immediate and instrumental analysis (elemental analysis, scanning electron microscopy - SEM, X-ray diffraction, infrared spectroscopy and ICP-OES). A kinetic study on non-stationary regime was done to calculate the activation energy by Thermal Gravimetric Analysis evaluating thermochemical and thermocatalytic process of sludge, the latter being in the presence of USY zeolite. As expected, the activation energy evaluated by the mathematical model "Model-free kinetics" applying techniques isoconversionais was lowest for the catalytic tests (57.9 to 108.9 kJ/mol in the range of biomass conversion of 40 to 80%). The pyrolytic plant at a laboratory scale reactor consists of a rotating cylinder whose length is 100 cm with capable of processing up to 1 kg biomass/h. In the process of pyrolysis thermochemical were studied following parameters: temperature of reaction (500 to 600 ° C), flow rate of carrier gas (50 to 200 mL/min), frequency of rotation of centrifugation for condensation of bio-oil (20 to 30 Hz) and flow of biomass (4 and 22 g/min). Products obtained during the process (pyrolytic liquid, coal and gas) were characterized by classical and instrumental analytical techniques. The maximum yield of liquid pyrolytic was approximately 10.5% obtained in the conditions of temperature of 500 °C, centrifugation speed of 20 Hz, an inert gas flow of 200 mL/min and feeding of biomass 22 g/min. The highest yield obtained for the gas phase was 23.3% for the temperature of 600 °C, flow rate of 200 mL/min inert, frequency of rotation of the column of vapor condensation 30 Hz and flow of biomass of 22 g/min. The non-oxygenated aliphatic hydrocarbons were found in greater proportion in the bio-oil (55%) followed by aliphatic oxygenated (27%). The bio-oil had the following characteristics: pH 6.81, density between 1.05 and 1.09 g/mL, viscosity between 2.5 and 3.1 cSt and highest heating value between 16.91 and 17.85 MJ/ kg. The main components in the gas phase were: H2, CO, CO2 and CH4. Hydrogen was the main constituent of the gas mixture, with a yield of about 46.2% for a temperature of 600 ° C. Among the hydrocarbons formed, methane was found in higher yield (16.6%) for the temperature 520 oC. The solid phase obtained showed a high ash content (70%) due to the abundant presence of metals in coal, in particular iron, which was also present in bio-oil with a rate of 0.068% in the test performed at a temperature of 500 oC.
Resumo:
Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)