O Insituto do Amicus Curiae no controle de consitucionalide brasileiro: uma abordagem à luz da efetividade do princípio do acesso à justiça

It presents a study about the control of constitutionality, its requirements and beddings. It brings, at first, notions about the concept of constitution, in its most varied aspects, as well as the systems of Control of Constitutionality. It emphasizes, considering the actual Brazilian situation, which passes through constitutional reforms and, therefore, assenting the appearance of an enormous amount of ordinary laws, the legal instability that has formed itself within the national panoram. Because of this situation, the institute of the Control of Constitutionality gains inmportancy as a way of protection of our Great Letter, against possible violations which can unfortunately happen. More ahead in the difuse control of constitutionality argues the new trend of generalization, especially after the recent reform that introduced the general repercussion as new requirement of admissibilidade of the appeal to the Brazilian Supreme Court. In the final chapter brings an analysis on the institute of amicus curiae, arguing its historical origins and its evolution, in the comparative jurisprudence, and the Brazilian right. From then is gone deep the paper of amicus curiae in the constitutionality control and, after quarrel on the difficulties of the Brazilian population to materialize its right before the judiciary, as this new institute could contribute in basic way for the materialization of the constitutional rule of access to justice

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

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

O direito à informação jornalística: garantias constitucionais ao direito de ser informado no sistema brasileiro.

The freedom of social communication referred to those freedoms exercised under of the media. The journalism is professional activity responsible for factual information, real, pluralistic and of the public interest, directed diffusely to social orientation. The right of the information, characterized as diffuse right or of fruition by uncertain and numerous holders, is subdivided in the right of the inform, inform yourself and right to be informed. The journalists, as occupants of a enlarged spectrum concerning of right of the inform, have responsibility for the information they disseminate, devoir that puts on the basis of the constitutional right to be informed. This duty is divided with journalistic companies, when them realized. In the research, examined the existence of constitutional guarantees the right to be informed. To answer the question, realized research to support bibliographical and documentary. The guaranty is a empirical preoccupation coated with legality, since lends itself effect concretize a right. Traced so a panel of guarantees of institutional imprint, substantive and procedural. Treating of the institutional guarantees the right to information, it would refer to true institutions (as the free press) and may begin subjective rights. In the case of substantial guarantees, we would have access to information, the confidentiality of the fonts and the incensurable feature of journalistic information. A guarantee peculiar would be constitution of bodies responsible for monitoring the quality of the vehicles of communication. Trace it also a panel strict of procedural safeguards, such as public civil action, the security s warrant, and the rights of petition and answer.

Liberdade de expressão: amplitude, limites e proteção constitucional no deireito brasileiro.

This dissertation focus, as main objective, to address the issue of fundamental rights and political freedoms of the individuals, guaranteed by the Constitution of 1988, with emphasis of study in the constitutional guarantee of freedom of speech, as well as in national related constitutional law institutions and its derivatives, and the connection with the historical and political affirmation of fundamental human rights and its importance for the construction, maintenance and consolidation of constitutional democracy in the Federative Republic of Brazil. This paper mainly deals with aspects of juspostive nature, focused mainly within its doctrinal aspect, making, for such, references both to the patrian doctrine and the foreign one, without forgetting the necessary jurisprudencial focus and analysis of the positive patrian planning with references to comparative law, in order to describe and analyze the emergence, evolution and dissemination of the institute, both in the major countries of the Western World and along the Brazilian constitutional history.

Desenvolvimento Urbano e Cidades Inclusivas: Estudo Analítico do Princípio Constitucional da Função Social das Cidades

The reality of Latin America points out that the industrialization and urbanization are complementary processes associated each other. Thus, by consequence of the demographic growth, observes the aggravation of an urbanization completely disordered and without infrastructure capable of guaranteeing rights and basic services to the population. In parallel, the dissemination of information, the valorization of human dignity, promoted by social welfare, and expectations of consumption aggravates the tensions among social actors, leading to the Theory of the Right to Development to worry about the (re)construction of cities. Before this reality, the Federal Constitution of 1988 proposed a participatory urban policy, grounded in the ideal of confrontation of social exclusion of a more comprehensive, represented by the principle of the social function of cities, which must be stratified into four inclusion´s central axes, namely: the social in the strict sense, the economic, the cultural and the policy. The Analysis of each of these dimensions, keeping the focus on reality and the Brazilian legal system, composes specific objectives of this work. Thus, through deductive research, with use of technique bibliographical and interdisciplinary, this dissertation aims to make connections between social function and development, proposing an analytical concept for the proposing an analytical concept for the principle of social function of cities, through the study of its basic elements. With this, purports to demonstrate how results, firstly, that the juridical study, to fully understand the process of marginalization, must maintain multidisciplinary perspective, own social sciences. Also aims to demonstrate that the dimensions of inclusion are formed by fundamental rights, individual and collective, of liberties and of social guarantees and that without respect to all of them there is no way to talk about implementation of urban development and nor, consequently, about inclusive cities. At the end, after checking the main legal instruments of urban policy that emphasize the community participation, provided for in the Statute of the Cities, and that potentiate the breakup of the circles of exclusion, the work want contribute to the clarification and the awaken to the importance of a new perspective democratic of development in the country, grounded in the appreciation of the individual for realization of modern management, decentralized and that, therefore, inserts the effective participation of urban communities in the acting of the State

Limites formais e materiais ao controle de constitucionalidade pelo Supremo Tribunal Federal

This document approaches the formal and material limits of the constitucionalidade control for the Supreme Federal Court, iniating with the study of the Constitution, detaching its evolution, nature and meanings, passing for its historical evolution, offering still a unconstitutionality concept. Is work the principles as material Constitution, making the distinction entere principles and rules, detaching the characteristics of the principles constitutional, and the basic principle of the Constituition. It analyzes metodologics the historical parameters and of the brazilian system of constitutionality control and detaches the paper of the Supreme Federal Court as positive legislator. It observes the beddings of the constitutionality control and the legitimacy of the Supreme Federal Court. Is examines the performance of the Supreme Federal Court in face of the principle of the legal security. Is offers a vision on the experience of the control of constitutionality in other constries. It still approaches the control of constitutionality in Brazil, detaching the critical points of its formal and material limits. Is verifies the application of the principles constitutional for the Supreme Federal Court in the diffuse control and the intent control of constitutionality, as well as the performance of the Supreme Federal Court ahead of the unconstitutional omissions. It brings to the debate the new perspectives how much to the formal and material limits of the control of constitutionality for the Supreme Federal Court. Objective to elaborate considerations concerning the limits of the constitutional jurisdiction from the model of Constituition, the character politican of the difficulties with respect to the definition of its formal and material limits from the performance of the Supreme Federal Court

Fiscalização difusa da constitucionalidade e o incidente de argüição de inconstitucionalidade

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

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

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

Os crimes de mídia no paradigma democrático constitucional

The criminal responsibility of the media is analyzed when the criteria for production of news and events involving public safety are produced without considering the technical, legal and ethical practice of journalism in the media factors. Freedom of speech, expression of thought, necessary for professional qualifications and constitutional limits, reaching criminal constitutional principles and the possibilities of criminal liability for offenses practiced in the media are present as key factors legal dialogue in this work. The judgment of the Supreme Court on the unconstitutionality of Law nº. 5.250/67 called Media Law caused a gap in the national legal system, forcing the use of the criminal code to address issues that involve crimes produced in media professional performance. The presumption of innocence is ignored by the professional media during a police investigation where the information published does not respect, including constitutional guarantees: the right to privacy, honor and image. The right to information and the duty to inform media are worked in its constitutional aspect, considering that the same information should be produced is guided by the quality and guiding principles of truth. The constitutional concept of media is presented as information with the appropriate language of the news media, produced and disseminated through the vehicles of mass media, whether in print or digital platform. The presented model of the legal right to information is outlined from a constitutional hermeneutics, increasing the production of news as a result of the occupation of journalist in different news platforms, guaranteeing the quality of this prolific law. Under the Freedom of professional activity of the journalist, the constitutional limits are addressed in line with the reality of (non) regulation of their profession, considering the constitutional abuses committed in the exercise of that activity linked to communication fences. Jusphilosophic field reaches the limits of the duty of truth in journalism as a tool for spreading news, respect the audience and compatibility with the constitutional state. Using the conceptual and doctrinal aspects, this criminal offense is parsed from the journalistic practice and the publication of news involving public safety, with the hypothetical field consummation of that crime through the eventual intention. As a form of judgment against these crimes produced in honor media presents the court of the jury as a legitimate form of democratic decision

O ensino de matemática no Rio Grande do Norte: trajetória de uma Modernização (1950-1980)

This work aims to describe and analyze the process of the mathematics teacher modernizing in Rio Grande do Norte, in the period from 1950 to 1980. For that, we use as theoretical foundation assumptions of Cultural History and memories of the researchers Maurice Halbwach, Ecléa Bosi and Paul Thompson. As methodological tools, we used bibliographical resources and semi-structured interviews, in order to do a historical reconstruct of the mathematics educational scene of institutions and people who taught mathematics in Rio Grande do Norte, or those who participated in the modernization of the teaching of this subject, recovering their training and its practices in teaching. For the analysis of the bibliographical resources, initially we organized in a systematic way the transcripts of the interviews and documents, which were accumulated during the research, so long our thoughts, returning to the theoretical basis of this research, through questioning of knowledge acquired and that guided the problem of our study. The analysis showed that, important moments to modernize the teaching of mathematics in Rio Grande do Norte happened such: (1) Training Course of Lay Teachers in Rio Grande do Norte, in 1965, (2) Course for Teachers in Normal Schools, in 1971 (3) Satelite Project on Interdisciplinary Advanced Communications (SPIAC) in 1973; (4) Lectures of the teacher Malba Tahan, at Natal, from the end of the 50 s, that could be analyzed through the lessons notes of the teacher Maria Nalva Xavier de Albuquerque and the narrative of teacher Evaldo Rodrigues de Carvalho and (5) Courses of the Campaign for Improvement of Secondary Education and Broadcasting (CISEB). Thereby, the modernization of the school s mathematics teaching in Rio Grande do Norte, in the period from 1950 to 1980, was given mainly by disclosure of the Discovery Method and by the Set Theory contents in Teacher Training Courses

Adelle de Oliveira: trajetória de vida e prática Pedagógica (1900-1940)

This work analyses pedagogical practices of Adelle Sobral de Oliveira, from 1900 to 1940, in order to notice how her performance as educator and administrator took place in Externato Angelo Varela in the Rio Grande do Norte city of Ceará-Mirim within a time in which the public teaching started to be considered modern in the State. Adelle was a self learner who developed an important role as a mentality mentor of a generation in the region. As the research corpus we have taken the five Reading Books written by Felisberto de Carvalho used by Adelle in her Externato, interviews with her ex-students and researches in the newspapers of her time, in the Public Archives and in the Historical and Geographic Institute of Rio Grande do Norte, and also in the governors messages, Education Department documents such as laws, and government decrees and acts. It was also taken as a research font the Publich Archives of Ceará-Mirim. The aim of this PhD thesis is understand the primary instruction spreading and modernization in the countryside of Rio Grande do Norte, which began with her teaching pedagogical practices. The research results show Adele Oliveira used practical and experimental modern methodological teaching methods in the subjects she taught. Due to this, in her scholar routine, she avoided physical punishment and mechanical teaching and learning strategies

Uma odisséia em busca de Héstia: do turismo à hospitalidade pelos caminhos das representações sociais

This thesis is the result of a piece of research on hospitality social representations between tourism professionals and academics in the city of Natal. The reasearch s corner stone is the point of the view that the notion of hospitality, with all its theoretical and practical implications, is essential to the success of any tourist destination. Is there any relevance in the growing use of the word, almost as a synonym for tourism? How is this notion, first learned in the domestic context and then exercised in the contact with the city and especially with visitors, represented in the learning process for professional practice and in the exercise of professional tourist reception itself? In order to answer this question, initially we chose to study the concept of hospitality in their current academic view, with reference to the French school, which binds hospitality to the maussian perspective of donation, and other scholars of the current theme, with emphasis on the research performed in the program of Master of Hospitality at the Anhembi Morumbi University, whose philosophy imprints in the hospitality concept the same sense we want to give this study. Then we chose to analyze the notion of hospitality, by the Social Representations Theory, in light of Moscovici s methodology, as well as the analysis of the core of this concept among tourism professionals and students. It was found that hospitality is still a very diffuse reference to representations of these two groups and that academic education, if accepted both theoretical and practical implications of this research s starting point, will still have a long way to go. Cities such as Natal, "naturally" hospitable, according to its dwellers, where tourism is relevant to their economies, need (re)thinking and (re)organizing, continuously, their actions towards quality and performance of their professional training especially those concerned with receptive structure

Construtivismo de marco teórico-pedagógico a grife: um estudo a partir das mensagens veiculadas na internet

This thesis is resulted of a research on propagated the social representations of constructivism in the Internet, which as had estimated basic the idea of Moscovici (1961) of that the media it has determinative paper in the popularization of the scientific theories, in formation e propagation of the social representations and in the construction of behaviors human beings. Understanding the Internet as latest space of circulation of social communications, therefore, privileged field (and still not explored) for studies of social representations, we choose this half midiático as investigative field of our research, it if it constitutes in the "great ocean of the new informational planet" (LEVY, 2000, p. 126), besides making possible the interaction with different forms of images, different individuals, different ' world ', configuring itself as important space of symbolic production e of analysis of the representational process in the world contemporary. Based in these questions, we trace as objective to analyze the circulating speech propagated on-line on the constructivism, searching to apprehend the social representations shared the respect. This objective was constructed in face of the insertion of the theory constructivist in the educational way has two decades more than, as well as of its consolidation as reference in different social contexts, mainly in midiático. The question that directed the research was: as this theory obtains to penetrate in some layers of our society, to influence the world readings e the behaviors of different people? That modifications it suffers in this trajectory and which the paper of the Internet in this process? The corpus of the research was constituted of the substances on the theory found in the Internet, in pages in Portuguese of Google, in the period of 27 of July of 2004 the 17 of August of 2004. The data they had been analyzed on the basis of the project of analysis of content elaborated for Moscovici (1961) and in the estimated theoreticians of the social communication, in special of the hypermedia. The results had disclosed that the Internet participates of determinative form in the process of popularization of the constructivism theory, not only spreading out its estimated theoretician- methodological for the domain public (diffusion), but propagating positive beliefs and images of its postulates (propagation) and using them it service of interests politicians e financiers (propaganda). The popularization of the constructivism in the Internet and social representations of this theory propagated configure one process in which the theory passes of pedagogical theoretical landmark for grief, assuming a commercial character extremely and the status of solution for problems of the education and the society, stirring up attitudes and behaviors in public, most general possible, that comes to take care of to the interests politicians e marketing. Recognizing the diversity, the permanent renewal of information and the negotiation of directions gifts in the Internet, as well as the innumerable ones forms of access to the information found by it, we consider results of the research as fruits of the inherent characteristics to this way midiático, to the time where we call the attention for relativity these results, for the plasticity of knowing them and sensible propagated on-line e for the great challenge that the hypermedia imposes to the study of communication phenomena, of the social representations and in educational quarrels and for the necessity of new research that they investigate the forms of socialization of the information and communication propitiated by hypermedia and its implications in the construction of the symbolic universes and in practical social

Morfometria de fibroblastos e fibrócitos durante o processo cicatricial na pele de coelhos da raça Nova Zelândia Branco tratados com calêndula

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Guilherme de La Penha: uma história do seu itinerário intelectual em três dimensões

This study focuses on the central Brazilian historiography of science, focusing specifically on the life and work of a contemporaneous mathematician-physicist, and becomes part of the set of research results that investigate, organize and describe personal, intellectual and professional itineraries of Brazilian scientists and educators. The theme chosen for the study ran from seminars on Mathematics in Pará and is up to organize and describe the life history, education, professional experience and scientific production of William Mauricio Souza Marcos de La Penha (Guilherme de La Penha), considering their academic, professional and intellectual life history, so that their academic and intellectual production be spread over the Brazilian scientific and academic community. We adopted the historical research as theoretical and methodological base for the development of this study, rising arguments about the profile of Guilherme de La Penha to characterize him as a multiskill intellectual and to reveal that his thoughts about science, technology, training scientists and educators were in accordance with their writings and their professional practice in order to build a first story about the life and work of William de La Penha. In this sense, we took the theoretical aspects related to historical research, biographies, intellectual itineraries, files and inventories as sources and historical construction vehicles in order to point out the essential elements to form a profile of the transdisciplinary intellectual historians, ie a profile scientist who carries out the research, management and administration, as well as a committed educator to the on-going training and forming process. The results pointed in different directions, among which we highlight the creation of Seção Guilherme de La Penha at Universidade da Amazonia, producing several articles about the life and work of William de La Penha presented at national and international conferences and the proposal for documentary displays which could contribute to understanding the implementation of a scientific area in Pará State, an area that would not only be restricted to the production of knowledge, but more than that, it would include the spreading, which provides various means, primarily through education. Thus it was possible to ensure that La Penha has an intellectual profile that can be considered a multi-and transdisciplinary intellectual who defends the possibility of forming a scientist one and multiple, non-linear attitudes and dialogues with all other areas in order to be understood under a model scientist for the twenty-first century based on the model clearly inspired by the scientist authors with which he identified throughout their training and professional activities, like the three that stood out in their relationship science: Archimedes, Leonhard Euler and Cliford Ambrose Truesdell