Feiras livres : cidades de um só dia, aprendizados para a vida inteira

La tesis problematiza constelaciones creativas de saberes marcados por múltiples subjetividades en un espacio singular de las ciudades: la feria libre. Lugar de cambios financieros, pero también afectivos, simbólicos y míticos, ese espacio se mantiene al lado de los lugares comerciales asépticos y climatizados como son los supermercados e hipermercados de los espacios urbanos y de las metrópolis. Las ferias, por su carácter itinerante y sus personajes nómades modernos, son capaces de suscitar múltiples observaciones, divagaciones, afecciones y construcción de conocimientos. En la feria libre del barrio de Alecrim en la ciudad de Natal-RN/Brasil, principal contexto de referencia de esta investigación, en medio de tantos estímulos movilizadores de los órganos de los sentidos, salta a los ojos el elevado contingente de niños y adolescentes ejerciendo las múltiples actividades laborales. En Brasil el trabajo infantil es encajado en prohibiciones prescritas por leyes que recubren singularidades. Sin la pretensión de negar la importancia de tales convenciones y reglas, las reflexiones aquí puestas ultrapasan las amarras homogeneizantes del discurso oficial instituido de prohibición, problematizando a partir de la feria la idea de una caótica y pulsante aula al aire libre en la cual se construyen saberes más próximos de una lógica del sensible (Claude Lévi-Strauss). La feria es un laboratorio de construcción de conocimientos pertinentes (Edgar Morin), aquellos que religan fenómeno y contexto sin oponer manipulación y tiempo real de aplicabilidad de los saberes construidos. En esa escuela sin paredes, puertas, ventanas, cuadros negros o programas, los saberes de la tradición (Conceição Almeida) son probados y compartidos por niños y adolescentes que viven constantemente con un tipo de cambio de bienes y palabras en permanente construcción. En los puestos de la feria y para más allá de ellos encontramos sujetos híbridos (Bruno Latour) que se estructuran por medio de mecanismos creativos capaces de hacerlos navegar en las incertidumbres caóticas de sus vidas. Los aprendizajes de la feria fueron o son la pulsión de reinvención de esos sujetos aparentemente encarcelados en el conformismo como fatalidad última, portadores de historias embarazadas de simbologías tristes y felices que exponen la cara de un humano en permanente combustión, construcción e incertidumbre

Limites e possibilidades do programa nacional de alimentação escolar enquanto estratégia de promoção da segurança alimentar e nutricional no municipio de Macaíba/RN

This dissertation aims to understand the importance of the National School Feeding as a strategy for ensuring the promotion of food and nutrition security in the municipality of Macaíba / RN, taking into account the implementation of the Law School Feeding, 11,947, 2009. The program was extended to all public basic education, youth and adults, in addition to ensuring that 30% of transfers from FNDE, were intended for the purchase of products from family farms. The survey was conducted with 160 students from public schools and farmers nesting Quilombo dos Palmares II, who produce on their land vegetables, fruits and cereals for their own consumption, for sale in local markets, in addition to providing for PNAE. The reciprocity between neighbors, such as mutual aid and sharing of common goods was noticeable in this group of farmers, since it was necessary to meet weekly deliveries of products to schools. As students, we applied a test of acceptability in two schools located in rural and in urban areas, to learn the opinion of ourselves in relation to school food consumed. It was concluded that to be most effective program in the region, there must be a better match in school menus, so that it can be attractive to students and to ensure greater use of fresh food, the main ingredient of same, practice of nutrition education in schools, to teach students the importance of food to health. In relation to local management, noted the need for adjustments bureaucratic as hiring staff for the departments, in order to be more agile in releasing payments to farmers, in addition to hiring assistants general services for schools, one Since the cooks exert dual role, the cooking while being responsible for cleaning the entire school environment. Government investments in the rural sector would be extremely valuable for farmers, since they need financial resources to purchase inputs, irrigation projects for gardens, availability of land for planting, transportation to facilitate the delivery of its products to schools and technical assistance more frequently

Juventude rural e projetos de vida: a experiência do consórcio social da juventude rural em São João do Sabugi

The presented research however has as object to apprehend the contribution of the Social Trust of Agricultural Youth in Is João of the Sabugi, in the individual and collective projects of life of the agricultural young. In it interests to know them which are the dreams and desires of these young, its relation with familiar agriculture, its desires of permanence in the field, as well as the relation of the trust with the fortalecimento of its projects of life. Thus, the general objective is to argue the contribution and influence of the Social Trust of Agricultural Youth in Is João of the Sabugi, in the individual and collective projects of life of the young of the city. The construction of the subject on agricultural youth to the contact with the land and the work in familiar agriculture were one strong expression identified in this research, exactly leading in consideration that nor all possess the desire to remain young agricultural , or at least young agriculturists. For the young, agricultural being is express through not only the contact with the agricultural work, but also the process of sociability, formation of affective bows, possibilities of new learnings, valuation of the agricultural way and its potentialities, of that the corporeal property and cultural is possible to be young in the agricultural way with access, historicamente denied

Narrativas do Brasil nas memórias de Pedro Nava

This thesis is a translation of work of the Brazilian doctor, Pedro da Silva Nava (1903-1984), in particular, his memoirs and chronicles, articulated with the writings of medicine history, aiming to defend that the autobiographical narratives are sources of research capable of promoting discussions on the expansion of the present at the confluence of complex and unequal society in constant changing process as the Brazilian. The theoretical and methodological support circulates around studies, proposals and thesis by Boaventura Santos about empowering past, destabilizing subjectivity, sociology of absences, cosmopolitan reason and translation work. The empirical support drawn from the literature produced by Nava were analyzed with reference this reasoning and studies that have facilitated the flow of translation among others, the studies of Antonio Candido, Arrigucci Jr., Boris Cyrulnik, Beatriz Sarlo, Ecléa Bosi, Ítalo Calvino, José Willington Germano, José Maria Cançado, Lev Vygotsky, Marilena Chauí, Paul Ricöeur and Walter Benjamim, without neglecting what we consider indispensable to scientific research, the production of relevant knowledge and prudent, in view of a decent life. The initial inflections reflect the subject of the Memoirs and its education/training, to then place the Memoir subject in the literary context, scientific, historical and Brazilian poetic (1972-2010), bringing great interpreters and discussing the rationale used by the Narrator that we defend stand closer to the cosmopolitan, showing the formation of narratives whose presence insert itself beforehand to modernist verve, linked to the discursive array against the literature as domination space, disseminated in Brazil in the early twentieth century. So, it articulate with those in which the concerns adjust the construction of the social formation of Brazil as a national heritage through literary narrative that focuses on a historical principle that becomes the past empowering, allowing his rereading, whose converge to memory, the lifestyles, the plurality of language and Brazilian culture, formed by several people, converging into a design not of culture but multiculturalism in Brazil. The memory issue was addressed in the space-time of experiences of being that narrates, shaped by a destabilizing subjectivity that sought to order the testimony of a time, a history and society, retelling them by creative imagination, almost fictional, to make circulate his knowledge about Brazil attached to his medical knowledge, as well as other subjects in his living group and other groups with whom they maintained contact. Thus, he portrayed both tangible and intangible cultural assets of the country as a form of preservation, giving them meanings and sense. It approaches, therefore, from the perspective of sociology of absences, the expansion of the present and by the logic inherent in his narratives of self and Brazil

"Eis que a semente caiu em boa terra": a avenida Cruz Cabugá no Recife-PE como campo religioso local

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Ordem econômica e política nacional de recursos hídricos: hermenêutica constitucional para o desenvolvimento sustentável

This research proposes a study about the interpretative techniques application that are compatible with the national legal system under the principles for Sustainable Development characterized in Brazilian Constitution. It verifies the actual possibility of reconciliation between national development and environment protection, with reflections under the water legal protection. It was proposed, therefore, to point subsidies for jurisdictional decisions involving development and the environmental goods, protected as constitutionally guaranteed principles. It was assumed that, both development and environment protection represents basic rights that are eventually placed in conflict situations, considering the many legitimate economic activities within the Brazilian State. A representative case analysis was elected within the current national scene, detailing the judicial and political conflict involving the Transboundery water Project from the São Francisco River Basin to another Northeastern river basin in Brazil. The implementation of several constitutional principles with elements from legal hermeneutics provides subsidies for the legal analysis about the conflict between development and environmental protection. It was assumed that the main discussion item about rights due to development today is the institutions influence and their results, among them the rules, laws and interpretative elements for the constitutional text objectivity, as the institutions credibility and the Supreme Courts interpretations. The use of interpretative resources for specific conflict situations about constitutional principles by Superior Courts, on the search, would bring a contributory factor for decision safety, related to sustainable development principles, elimination of inequalities and regional protecting for the environment. Specific aspects of Law No. 9.433/97 that introduced the National Water Resources Policy were examined, with its instruments, in order to specifically contextualize aspects of the Brazilian water resources management politics

Acordos internacionais sobre a produção compartilhada de recursos naturais: a unitização interestatal na área do petróleo e gás sob o enfoque constitucional brasileiro

The apportionment of natural resources between sovereign States is a subject that relates many aspects of International law, as long as Constitutional Law, at the execution and application phases of international treaties that regulates the exploration of common goods. In this sense, because of their natural characteristics that creates an environment of constant migration and fixation in transboundary regions, terrestrial or maritime, the petroleum and the natural gas bound a complex juridical apparatus that can control the sovereign rights involved. This research is aim at accomplishing a study concerning the international agreements that enable the non-unilateral action, specifically the unitization treaties between sovereign States, as a manner to resolve situations related to the individualization of oil and/or gas reservoirs that go across their national borders. These agreements will be analyzed considering the international public law sources theory, bearing in mind yet the already existed experiences in this sense, not disregarding the way that this fact could affect Brazil. It will begin with an historical incursion over the unitization institute, covering its main characteristics and its formation and execution procedures, and finally it will address the Brazilian legal system and the comparative law threats the institute. The clauses of these relevant agreements will be analyzed in details, concerning its particularities and its contents. Because these agreements are international obligatory rules of law, it is indispensable that they are considered under the auspices of the international law system, focusing their nature and the subjects of international law and establishing them as sources of the international law, analyzing them, then, as international rules and the applicable law to these juridical relations, the conventional established, the consolidated international custom and the applicable International Law principles, appearing the State s responsibility as an important subject for the verification of the acts lawful practiced by States. The analysis of the apportionment of these natural resources ends with the individualization of possible exploitable marine oil fields located between the exclusive economic zone and the continental platform ends and the region administrated by the International Seabed Authority. At last, the Brazilian constitutional system appears as the mechanism of integration, application and execution of the international unitization agreements in Brazil, detaching the format and the proceedings that the international treaties take to acquire validity at the national legal system, passing through the treaties interpretation and the applicable constitutional principles, coming to its application in Brazil, considering the existing constitutional peculiarities and the role played by the National Agency of Petroleum, Natural Gas and bio-fuel ANP

Novas fronteiras petrolíferas no Brasil : uma análise da necessidade de nova regulamentação da área do pré-sal sob a ótica constitucional

The Oil industry in Brazil has gone through several stages during the economical, political and social historical process. However, the significative changes have happened in the last fifteen years, due to market opening arising from the relaxation of the state monopoly over the Oil deposits and its derivatives. The edition of the Constitutional Amendment #9, changing the first paragraph of the 177th item of the Federal Constitution, marked the end of a stiffness about the monopoly that the Brazilian state kept in relation to the exploration and research of Oil and Gas. The economical order was fundamental to actualize the idea contained in the #9 Amendment, since its contents has the power to set up measures to be adopted by public power in order to organize the economical relations from a social viewpoint. The new brazilian Oil scenery, called pre-salt, presents itself in a way to amaze the economical markets, in addition to creating a new perspective to the social sector. This work will identify, in this new scenario, the need for change in the legal system. Nevertheless, this subject must not be treated in a thoughtless way: being an exhaustible good, we shall not forget that the future generations also must benefit from the exploration of natural resources recently discovered. The settlement of a new regulatory mark, including the change in the concession contract model to production and sharing is one of the suggested solutions as a bill in the National Congress, in an attempt to ensure the sovereignty of the nation. The constitutionality of a new regulatory mark is questioned, starting from an analysis of the state monopoly, grounding the comprehnsions in the brazilian constitutions, the relevance of the creation of Petrobras for self-assertion of the state about the monopoly of Oil and derivatives, and its posture after the Constitutional Amendment nº 9 (1995), when a company stops having control of the state monopoly, beginning to compete in a fairly way with other companies. The market opening and private initiative are emphasized from the viewpoint of the Constitutional Principles of the Economical and Social Order. The relaxation of the monopoly regarding the exploratory activity in the Federal Constitution doesn't deprive from the Union the ownerships of underground goods, enabling to this federal entity to contract, directly or by concession of exploration of goods, to state-owned or private companies. The existing oil in the pre-salt layer transforms the scenario from very high risk to low risk, which gives the Union the possibility of defining another way of exploring this resources in the best interests of the Public Administration

A envergadura constitucional da posse qualificada na desapropriação privada

The constitutionalisation of private relations is the central theme of this work. Approached him overcome the dichotomy between public and private, through functionalization to the constitutionalization of civil law. Research on the effectiveness of horizontal rights. Constitutional under the lens, we analyzed the tense relationship between possession and ownership desfuncionalizada functionalized. We realize that having qualified and gained autonomy, and mechanism of access to goods, in view of the status sheet minimum, and of accomplishment, materializing human dignity. Then, we investigated the expropriation of private ownership qualified as legislative intervention that ensures the enforcement of fundamental rights through the state-court. We face the legal, the constitutionality and the burden of this institute. Also operability that it gives the judge, the process of exercise, the object, issues related to the burden and assessment of damages, as well as the nature, timing and costs of transferring property. At the end, we point to the scarcity palace, as well as the need to repair lege ferenda. The methodological approach has been championed by legal dogmatics in its analytical aspect, as we explore concepts and correlate with our planning. In empirical connotation, we evaluated the normativity and applicability of our law courts. For the ultimate in normative vision, answers to the problems faced and perform the necessary propositions, based on the results from the conceptual and empirical analysis

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

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

A alteração do tipo penal de adulteração de combustíveis: reflexo da constitucionalização do direito penal no mercado de combustíveis

The neoconstitutionalism led to a process of ethical revaluation of the normative systems and the process of constitutionalization of the many fields of law. This study examines the consequences of this process in criminal law, so important a Law field for the protection of the most valuable assets by the society, including the fundamental guarantees, thus emphasizing the necessity of protection of the collective and individual rights, which are guided by the observance of the defendants individual rights in the course of criminal proceedings and the search for the best efficiency of penal protection, according to the corollaries of defense against the state (prohibition of the excess or Übermassverbot) and the provision of rights by the state (prohibition of insufficient protection or Untermassverbot). The offense of fuel adulteration is taken as an object of study, since it is a vital market to a nation dependent of people and good s movement for their living, driven by fossil and biofuels. Such a crime affects essential legal interests to the development of society, interests such as the environment, consumer relations and economic order, particularly the principle of free competition. This paper seeks to analyze the need of a greater efficiency of this particular criminal protection, once concluded the conduct harm and social fear as a consequence by it as growing, and therefore having its former crime type, engraved in Article 1 of Law No. 8.176/1991, rewritten in compliance with the criminal law s principle of legality. Thus, the reformation proposals and legislative creation involving this crime were observed, with emphasis on the bill No. 2498/2003, which keeps it as blank heterogeneous criminal norm, kind of penal normative whose constitutionality is raised, including the forethought of criminal responsibility in the perpetrating of the offense as culpable and subsequently increasing the applicable minimum penalty, as well as the inclusion of new activities in the typical nucleus

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

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

Caminhos e descaminhos dos municípios produtores de petróleo: o papel dos royalties no desempenho das finanças públicas municipais no estado do Rio Grande do Norte

It analyzes the magnitude, the nature and the direction of public revenues and the public expenses in oil and natural gas producing municipalities in the state of Rio Grande do Norte in the post-constituent period, and, more precisely, from the approval of Law 9.478/97, called Oil Law . It argues the fiscal federalism normative theory, the typology and the role of the intergovernamental transferences in the performance of the public finances of the local governments. Shows that the economy of Rio Grande do Norte went through deep social-economic changes in the last few decades, among which includes the discovery of the oil and the natural gas and its importance for the growth of the industrial and services sectors. It points out that the increase of the production and the international price of the oil contributed for the growth in revenues of royalties and the special participation in the beneficiary cities, what did not mean an automatic increase in the resources destined to the investment and in the quality on the provision of the goods and services come back toward the local development. On the contrary, the main conclusion of the work is that the trajectory of the oil producing municipalities is marked by paths and embezzlements in the performance of the public finances and in the provision of public goods and services. Paths, that lead to the improvement of the performance of the public finances and the quality of the public goods and services. Embezzlements, that lead to the inefficiency in the provision of goods and services and the capture of the public resources. That is, the fiscal decentralization is a necessary condition, however not enough to improve the amount and the quality of the public goods and services given by these municipalities. For that it is necessary to advance in the fiscal federalism normative theories, in search of optimum model of federalism in local governments where still predominated by patrimonialism, clientelism, fiscal illusion and the capture of the public resources in benefit of the private interests

Investigação etnomatemática em contextos indígenas: caminhos para a reorientação da prática pedagógica

From the investigation, analysis, discussion and pondering about the activities developed by the lndians from the Porteira hamlet, members of the Xerente community, in the Tocantins state, we developed an investigative and descriptive study about the reality of this people with the aim of helping in the conceptual formation and in the reorientation of the pedagogical practice of the local teachers. In this sense, the undertaken research involved the teachers, the main representatives and experts in that cultural tradition, in order to investigate how the everyday activities (agriculture, food handling, assets distribution among the community members, etc.) and the cultural tradition (log race, body painting, clan division, Xerente numeration, Indian myths and histories, etc.), may enable the contextualization of the mathematics teaching in the lndian School Srêmtôwê of this hamlet, under a more transversal and globalizing perspective of the local and school knowledge. We based this research in the sociocultural conceptions of knowledge generation proposed by D Ambrosio (1990; 2002); Vergani (2007); Oliveras (1996); Gerdes (1991; 2002); Bishop (1999) e Sebastiani Ferreira (1997; 2004). ln the process of this study we propose some viable ways so that the Indian teachers may reorganize their classroom knowledge and actions, based in the strengthening of their history and culture. The observation of some social practices and knowledge as well as of the Xerente traditions helped us to point some possibilities of projection of a didacticalpedagogical dimension of these activities and practices, in the development of the school mathematical knowledge in this community

Aquelas leituras formadoras de culturas (Caicó-RN, século XIX)

La lecture faite du livre Seridó − XIXème siècle (Fazendas & livros), des historiens Medeiros Filhos et Faria, a été ce qui a déclenché l écrit de cette thèse de doctorat. La lecture intensive de ce livre a conduit au corpus documentaire de la recherche (livres scolaires, religieux et laïques, chronique, discours, documents ecclésiastiques, inventaires, testaments, mémoires d'enfance, articles journalistiques, rapports), et aussi au corpus du référentiel théorico-méthodologique de l'histoire culturelle de la lecture, en correspondance avec Roger Chartier et Robert Darnton. Dans la rigueur de l'écriture de la thèse, la recherche relative à la thématique lecture et absorptions culturelles nous a menés à définir comme objet d'étude les pratiques culturelles appropriées pertinemment aux lectures faites, entendues, murmurées, de nombreuses fois répétées et mémorisées, de livres scolaires imprimés, religieux et laïques qui circulaient à Caicó, dans les années mille huit cents. En vue de la lecture intensive et de l'extensive, l'objectif est d analyser, d'une part, des indices d'absorptions ou appropriations culturelles des enseignements de ces pratiques de lecture et, d'autre part, les entrelacements des enseignements relatifs à l'oralité, à la lecture, à l'écrit et à la scolarisation. La thèse défendue est que l'histoire de la lecture à Caicó, au XIXème siècle, est l'histoire de la lecture faite, entendue, murmurée, répétée et, encore, mémorisée, qui, soutenue par des textes de livres scolaires, religieux et laïques, se convertissait dans la production de biens culturels spécifiques, comme des cartes, inventaires, remèdes homéopátiques et faits maison, testaments, prières fortes de cure, vers de cordel, parmi beaucoup d'autres. En commençant avec l'intention d écrire une histoire de la lecture à Caicó, au XIXème siècle, nous comprenons que les pratiques culturelles, spécialement les pratiques des coutumes seridoenses, sont, excessivement, le résultat des appropriations de lectures de textes scolaires, religieux et laïques, stimulatrices d'autres pratiques de lectures intensives et extensives. Si la lecture faite, entendue, répétée, mémorisée et reconnue est liée à des pratiques de coutumes universelles et locales, malgré cela la force de l'oralité aurait été l élément essentiel de la reproduction et de la longévité de cette lecture, ainsi que de son passage du XIXème siècle au XXème et, encore, des vestiges de certaines permanences de ce XXIème siècle. En partie, ce réseau de pratiques culturelles, reproduit par la force de la transmission orale, persiste depuis l époque de nos arrière-arrière-grand-parents