Proteção constitucional do consumidor no âmbito da regulação publicitária

The concern with issues related to consumer protection has emerged in North America and then spread throughout the world. In Brazil, consumer‟s rights and interests only gained greater importance after their consolidation in the Constitution of 1988 and the enactment of the 8078/90 Law (Consumer‟s Protection and Defense Code), which established the consumerist microsystem. The understanding of the legal relationship of consumption concept is necessarily connected to knowledge of the elements that compose it. Among these, we can find the consumer and the provider (subjective elements), the product or service (objective elements), and the consumer‟s condition as final receiver of the consumption object (finalistic element). In order to elucidate the configuration of consumer protection before advertising communication, this work will analyze the advertising through the prism of consumerist laws, conceptualizing it and presenting a differentiation of it in relation to practices such as marketing, offer and commercial communication as well as examining its several kinds of manifestation, focusing mainly the ones categorized as misleading or unfair advertising. All kinds of advertising communication against the consumerist microsystem are subject to judicial control exercised by the State. Besides individual protection possibilities, this state-owned control can be collectively exercised as a result of the utilization of public civil action and popular action. Some specific categories of advertising (smoking products, alcoholic beverages, pesticides, medicines and therapies) are still subject to a set of particular restraints provided by the 9294/96 Law, which enables the performance of a special control in relation to them. In addition to state control, there is also a system of advertising communication self-regulation, which develops itself through the actions of the National Council of Advertising Self-Regulation that are based mainly on the laws established by the Brazilian Code of Advertising Self-Regulation and its annexes. However, this system of advertising self-regulation still has some deficiencies that hinder its effectiveness

A moralidade e a vida pregressa do candidato como condição autônoma de elegibilidade

The objective of this work was about fixing the free will paradigm as negative evaluation of political rights which presents a new classification dde such rights, producing species: a) conditions of eligibility autonomous (free will), b) eligibility requirements heteronomous (will third party) and c) ineligibility (court decisions / administrative). This morality and life history as a condition of eligibility unattended, making a hermeneutic analysis of art. 14, § 9 of the Constitution, considering the justification of the views of the voting Minister Carlos Ayres Brito Appeal in Ordinary No 1069/2006 of the Supreme Electoral Tribunal (where Eurico Miranda). Are fixed concepts of morality and life history from the perspective of the moral act freely and consciously. Has resulted in the identification of the moral virtues of honesty and integrity, which are voluntary acts as a reference to morality and integrity respectively. Justifies the morality and life history as a condition of eligibility unattended. who depend exclusively on the willingness of the candidate. It is noteworthy that the conditions for eligibility as a factual finding does not violate the law and does not allow punitive sanctions or setting a deadline in case of refusal to register the application. Attributed to political parties to take responsibility in their statutes moral criteria for the nomination convention in pre candidates, giving an ethical dimension. Analyzes the law under the Clean Record of morality and life history of the candidate and the possible impact on the electoral context

Ação de impugnação de mandato eletivo: análise constitucional e novas perspectivas

This study is developed in setting in which the Federal Constitution of 1988 completed 22 years of validity, as well as in general elections (national and state) in country. From this perspective, there are multiple reflections, especially on the constitutional mechanisms of popular sovereignty consolidation, the integrity and legitimacy of elections and democracy itself. It has appeared timely, therefore, to examine the development of ensured instrument of these precepts. Thus, it is approached as an object of research to Action of Impugnation to the Elective Mandate- AIEM, under Art.14, § 10 and § 11 of the Constitution of 1988, considering its constitutional and electoral reasons. It is then aimed to review the second AIEM conceptions of scale, systematic interpretation, preservation of constitutional rights and its effectiveness. Specifically, it is analyzed the Action as to the forms of power that relate to this. then it is examined the democracy principal aspects related to the issue. Without being followed, it is the democratic situation in which it is operated. They are also examined the political rights, especially regarding restraint applied to ineligibility and the possibility of integrating the effects of an impugnatory origin. Following, it has been discussed the formation of an early panorama, consisting of constitutional principles applied to electoral constituencies and eminently procedural principles and, according to which subsidizes the operations of such Action. After that, addressing the Election Law, including its concept, its sources, the Electoral Court and its peculiarities and functions. It is also considered the elective office as to its definition, characteristics and ways of accessing and extinguishing it. Afterwards, the Action of Impugnation is studied from its historical evolution of laws, legal, concept and goals. Expanding on the theme, it s highlighted about their chances of traditional appropriateness (economic power abuse, corruption and fraud) and modern (abuse of economic power intertwined with political) business, including the suggestion of suitability in case of abuse of unique political power. It was also identified the injurious potential demand affecting these illicit to enable the Action. Subsequently, other relevant aspects were explored, such as the legitimacy ad causam, competence, secrecy, procedure, recklessness, bad faith, the purpose of the merits and manageable resources. In the end, it is demonstrated an evolution of AIEM, however, still insufficient to reach full intentions that rise it. It is proposed therefore to re-read the action from news perspectives, based on constitutional and electoral precepts, as well as wider interpretation of the appropriateness of their assumptions of suitability and effects, according to a systematic interpretation, all aimed at the preservation of constitutional rights and their own effectiveness

A fazenda pública em juízo: a anulação de decisão administrativa definitiva a favorável ao contribuinte

El tema elegido para este estudio la materia disertación sobre la viabilidad de la Tesorería a buscar refugio a la corte anuló la decisión administrativa firme, dictada en lugar del procedimiento administrativo, fiscal, cuando tal decisión no es favorable a la Administración Pública Fiscal, o favorable para el contribuyente . El cálculo de la cuota a pagar se debe a las actividades administrativas relacionadas jurisdicción de la Administración Pública de la finca conocida como la evaluación de impuestos. En este sentido, la puesta en marcha, analizados desde la perspectiva del derecho administrativo, puede calificarse de acto jurídico administrativo. Para la constitución de la puesta en marcha es posible realizar tres pasos: a) un acto en la preparación para el tema de los impuestos - la revisión y evaluación, b) el acto administrativo de la liquidación del impuesto en sí o la aplicación de sanciones administrativas, el procedimiento c) el impuesto administrativo. Realizó la inspección y la investigación se ha iniciado para formalizar el acto administrativo del propio lanzamiento. Después de la puesta en marcha, con el homenaje que se está abierto a los contribuyentes dentro de la composición del tributo rechazo en libertad, que ofrecerá desafío para lanzar. Este paso es iniciar el "procedimiento administrativo tributario." La etapa procesal se caracteriza por ser un procedimiento de investigación o control de la legalidad de los actos administrativos en los que el contribuyente para mostrar su descontento con el lanzamiento de lo ya realizado. La evolución de los actos que lleva a cuestiones de procedimiento de especial importancia para esta tesis es que la decisión final sobre el procedimiento administrativo de impuestos o el control de la legalidad del acto administrativo de la liberación. Idea que se debe tener es que la decisión final es poner fin a fin o destino del impuesto procedimiento administrativo. Aquí están las preguntas de la tesis doctoral, por ejemplo, usted puede cancelar la corte real hacienda de la decisión administrativa dictada por el Consejo Administrativo de Apelación Reder, cuando decisum que conduzca a la privada? ¿Cuáles son los efectos de la decisión final? Con fuerza de cosa juzgada o impedimento administrativo? Se opone a la revisión por el poder judicial? La decisión administrativa es un acto administrativo? Puede ser cancelada o revocada por el Poder Judicial? Dada la divergencia en la doctrina y la jurisprudencia trata de resolver el problema que lo llevan a la solución definitiva al respecto. El autor llega a la conclusión de la imposibilidad, por regla general, y la oportunidad, como excepción a la Tesorería para solicitar la anulación del impuesto de la decisión administrativa final ante el Poder Judicial

Aspectos constitucionais da anulação de decisão definitiva da administração pública federal no processo tributário

Cet article traite de la possibilité de proposer le Trésor à la justice pour annuler une décision administrative définitive sur les questions fiscales. Il s'agit d'un sujet qui s'oppose au principe de la vérité matérielle - qui doit prévaloir en cas d'impôt - avec une certitude morale représentée par la chose jugée administrative. Commence par le processus administratif d'impôt comme une garantie constitutionnelle du contribuable, insérée dans le panorama d une compétence adoptée dans la législation brésilienne en tant que pilier de l'Etat de droit démocratique. Met l'accent sur la position du Trésor avant l'autorité de la chose jugée administrative, ce qui démontre la fragilité de La décision finale sur les questions fiscales. Décrit les effets de la révision (ou de l'annulation) dês actes administratifs, en particulier la libération de l'impôt et de la décision administrative qui vise à le confirmer. Enfin, nous discuterons de la composition et la légitimité du contentieux administratif, en conclusion, avec le soutien de la prévalence d'un fait important dans le cãs d'impôt, est non seulement possible, mais le Trésor devrait examiner leurs propres actions si nécessaire

Constitucionalismo internacional: direitos humanos sob a ótica da globalização

The work presented here is the result of research on the issue of human rights in the face of conflicting issues such as the incorporation of international treaties, the sovereignty of states, globalization and multuculturalism. Specifically, we will investigate the origin of human rights, alongside his growing recognition, from the Revolutions until its completion in the Universal Declaration of Human Rights in 1948. The question, however, has become broader, when analyzed from the perspective of the internationalization of these rights as conditions and limits of democracy. Given the convergence on the reception of international treaties on human rights, we analyze a series of positions, including recent placements of the Supreme Court, and Constitutional Amendment n.45/2004. The study aims to review the classical concept of sovereignty, now within a new perspective based on the appearance of certain limitations of the state and a crisis in the face of the protection of human rights. We analyze the phenomenon of globalization in light of its complexity and its relation to sovereignty and human rights in pursuit of an expansion of democracy. The theme is consistent also with the line of contemporary constitutionalism, since their approach has a close connection with the issues of sovereignty and globalization, as well as a current relationship with the protection of human rights. The research aims to analyze the formation of a new society within a global vision of the constitutionalization of international law. It seeks to glimpse the invocacion model of foreign precedents and the possibility of dialogue betweem States as a way of protecting and enforcing the protection of human rights

Desenvolvimento territorial no Rio Grande do Norte: uma identificação de clusters rurais

The general objective of this study is the identification of rural spaces in Rio Grande do Norte through a territorial approach. It looks if there is spatial correlations between municipalities that influence and are influenced by the rural environment, allowing the identification of clusters. To accomplish this objective it`s used, in the methodology, the factor analysis of principal components to achieve the indicators of rurality and territorial development, that deal with four dimensions of analysis: environmental, political-institutional, economical and spatial. Moreover, to identify the spatial correlations structure between municipalities it used the Moran index to both rurality and territorial development, leading to clustering identification. The results show that the rurality is present in most of Rio Grande do Norte municipalities, except in cases like Mossoró, Pau dos Ferros, Caicó and Natal, where can be regional dynamic poles. It is also verified that the more rural municipalities tend to be less developed, according to the territorial development index, and have less correlations with neighboring municipalities

Políticas recentes para arranjos produtivos locais: um olhar sob a lente dos organismos responsáveis pelo apoio no estado do Rio Grande do Norte.

This paper aims to analyze the current support structure ready to Local Productive Arrangements (APLs) in the state of Rio Grande do Norte. To this end, it was done a study of major theories dealing with territorial agglomerations: moving from the pioneering concept of Marshallian industrial district to neo-Schumpeterian concepts coming from the latest innovation systems. In a complementary way, there will be a study of the major reasons that brought the crowded productive activities to a central position in the economic debate and the formation of public policy, seeking to understand what the relationship of this phenomenon with the different approaches of regional development policies which are included in recent years. Finally, it sought to understand how the bodies responsible for supporting clusters in the state of Rio Grande do Norte act in the selection and support of these arrangements, analyzing what the main policies implemented and trying to understand what are the main instruments used to support these clusters in the state

A cadeia produtiva de gás natural no Rio Grande do Norte e perspectivas para o setor

The paper demonstrates how it is organized production chain of natural gas in Rio Grande do Norte and highlights some prospects for this sector. The study is backed by elements to understand the process of innovation as the driving force of capitalist dynamics as well as the features of the Brazilian economy in the years 1990 and 2000 that indicated the development of natural gas production in the energy matrix Brazil. It was found that the state has potiguar possibilities for structuring an energy based on elements from the region and with prospects of becoming self-sufficient in electricity, where natural gas has a share of participation in this segment. The automotive and industrial are the biggest consumers of this input. With emphasis on the textile industry. Signaling to a broad horizon of supply, this sector will depend on their investments in research and Deficient, and the policy adopted by government to develop the consumer market

Distribuição dos recursos do FNE para o setor turístico entre os estados nordestinos, no período de 1998/2004

The work aims to analyze the criteria that supported the geographic distribution of credit with FNE funds for the private tourism sector in the period 1998-2004 the Northeast, which is the maturing of a significant part of investments in the region I PRODETUR . The working hypothesis is that the credit allocation for the tourism industry, with FNE funds among the Northeastern states during the period analyzed broke with the trend towards concentration of credit in the richer economies of the region. The investigation concluded that there is enough evidence to enhance the degree of confidence in that hypothesis. However, the allocation criteria do not only benefited the poorest economies, nor directed lending while building on the weight that the tourism sector held in state economies

Ambiente institucional e desempenho diferenciado na agropecuária norte-rio-grandense: quais as relações?

This thesis aims to identify how civil servants perceive changes made inthe carrying out of their work after their taking part in the Course forTechnicians in Public Management of the Government of Rio Grande do NorteState. As for the methodological procedures, an exploratory-descriptivequantitative research has been carried out through structured questionnaires appliedto 118 civil servants from the first groups of the Course for Technicians, thusshowing a margin of error of 4.18% to 95% of confidence, according to theprocedures of finite sampling. The table processing and analysis rested uponthe Statistical Package for the Social Sciences SPSS and was carried outthrough univariate, bivariate and multivariate techniques with emphasis on thetechnique called Factor Analysis. It was possible to identify that the level ofsatisfaction of the students was high and there was a clear perception by themthat the course assisted to changes in their work. Through Factor Analysis itwas verified that the factors that may be related to changes in the work of thecivil servants are "Contribution to Society", "Efficiency andEfficacy in the Work Environment", "Applicability of Contents"and "Capacitating for Leadership". The conclusion of the studyindicates that the factors obtained are directly related to the basis of thenew public management by means of guidance toward efficiency and efficacy in aperspective of leadership, the contents of the course being thus made into newattitudes toward work which end up yielding better results for society

Segregação socioespacial e turismo: estudo da representação fílmica criada pelos turistas e residentes sobre Natal Rio Grande do Norte

This study emerges and develops, from a note by Italo Calvino, who in his novel Invisible Cities advised to avoid saying "that sometimes different cities follow on the same site and with the same name, born and die without knowing, without communication among itself ". The research with a transdisciplinary work ( using elements of sociology, anthropology, geography and communication) made a reflection about segregation and tourism: poverty-richness, center-periphery, tradition- spectaclezation , the visitor-visited maping the touristic circuit and discussing about the phenomenon on the real city and touristic place: Natal and the "Sun City" - Rio Grande do Norte, studying videos produced by residents (documentary) and tourists ( posted on the Internet). Doing a comparative analysis between the realities of these two subjects (resident and tourist), the research found few similarities, many differences on the urban experience, with the existence of two distinct realities (tourist region X the periphery region). Based on theory of phenomenology, social representation, and using content analysis of film, it was noted that promotes to the visitor a trip segmented and disintegrated to daily life, culture and contact with the resident. Resident that, in largely part, lives in a unattended area, with no prospect of life (represented by Novo Horizonte Community). The confinement and segregation occurs even in his moments of leisure and cultural expressions (represented by Redinha‟s Beach), because the private an public leisure areas of tourism indirectly prevent access by people who can not contribute to the consumption on this places. This papper concluded that the tourism in Natal is an activity-phenomenon that directs and focuses on public investments for infrastructure tourist region (Ponta Negra Beach), in detriment of the poorest and periphery areas of the city

Fotografia e marketing: uma análise dos atrativos turísticos da cidade de João Pessoa-PB

Photography is a resourse of the most used and effective marketing, besides being an polysemic art, boundless sense; this allows for different readings. Nevertheless, there are those who, through the control and supervision, try to organize its meaning, such as the marketing companies. Others, such as artists, are the responsibility of the observers to give their work some understanding. Resorting a photographic iconography of the tourist attractions of the city of João Pessoa in Brazil from 2005 to 2010. This survey selected images published in catalogs supported by the Fundo de Incentivo a Cultura (FIC) and the Empresa Paraibana de Turismo (PBTUR). The central idea of this qualitative research is the assumption that, in general, tourists crave, even unconsciously, a reality of a tourist attraction motivated by photographic image conveyed the travel market, meanwhile, emphasizes that the art market, the same attraction is exposed and uncovered. Thus it is argued, by photos, such as environmental and sociocultural characteristics are commodified by these organs that have different purposes is not exclusive, given that the FIC supports art and PBTUR sponsors the tourism. Beyond the iconography used for cataloging and photographic analysis, interviews were conducted by the method of visual narratives in ordes to approximate the data with the view of tourists and photographers. In that resulted in a refletion on the current imagistic process involving the release of the tourist destinations in order to be allowed on a critical reading of photographic production and market resources to marketing and promoting the art of the city. It was observed that both the art and photography marketing acquire different symbolic values with respect to their markets promoted by the catalogs analyzed.

Turismo e economia solidária : uma análise nas cooperativas e associações de artesanato do Roteiro Seridó norte-rio-grandense

The present study has addressed the issues surrounding the Solidarity Economy and Tourism, their perspectives and contributions to the development process of local communities, as well as the connection point between the two. This study evaluated the extent to which social economy through cooperatives and associations in tourism has generated socio-economic improvements for the artisans of the tourist Seridó. The study made as to their objectives, was exploratory and descriptive, since it involved both standard techniques of data collection, questionnaires and systematic observation, and secondary research and case studies, which characterizes an exploratory research, according to Castro (2008 ). The results indicate significant improvements offered by the inclusion of members in groups (associations and cooperatives) in matters concerning health, education, interpersonal relationships, and access to consumer credit to the artisans. Through this study, one might also note that the inclusion of products and services in tourism is not a relevant factor for the socio-economic improvements observed for the elevated presence of middlemen in the marketing process

Fatores de sucesso ou insucesso do turismo ambientalmente sustentável : percepção das autoridades públicas no pólo costa das dunas do Rio Grande do Norte

This study aims to compare the thermal performance of tiles made from recycled material (waste packaging cardboard with aluminized film) with the tiles of fiber and bitumen, fiber cement and red ceramic with the aim of verifying the suitability of tile to be used in hot and humid climate of low latitude. The samples were selected according to the availability from Natal RN market, as they are sold to the consumers. The methodology was based on studies that used experimental apparatus composed of thermal chambers heated by banks of incandescent bulbs, to analyze the thermal performance of materials. The tiles in the study were submitted to analysis of thermal performance, thermophysical properties and absorptance, using chambers of thermal performance, measuring the thermophysical properties and portable spectrometer, respectively. Comparative analysis of thermal performance between two samples of the recycled material with dimple sizes and different amounts of aluminum were made, in order to verify, if these characteristics had some interference on the thermal performance of them; the results showed no significant performance differences between the samples. The data obtained in chambers of thermal performance and confirmed by statistical analysis, showed, that the tile of recycled material have similar thermal performance to the tile of fiber cement. In addition to these tests was carried out the automatic monitoring of a building covered with tiles of recycled material, to verify its thermal performance in a real situation. The results showed that recycled shingles must be used with technical criteria similar to those used for fiber cement tiles, with regard to the heat gain into the building. Within these criteria should be taken into account local characteristics, especially in regions with hot and humid climate, and its use must be associated, according to the literature, to elements of thermal insulation and use of passive techniques such as vented attics, ceilings and right foot higher