Da casa grande ao condomínio fechado: o que mudou nas formas e modos de morar da família intergeracional no Nordeste e Sudeste do Brasil?

The focus of this study is to draw attention to the intergenerational family’s lifestyles and their various ways of cohabitation, in special to those families which are made by individuals of different generations, these families being constituted of, two or more individuals, or, two or more smaller families, which live under the same roof and have the elderly person as referential in their cohabitation. In those types of families, as for their ways of organization, it is interesting to note that the researches and productions done by inner architects and inner designers do not include this type of family arrangement because their studies do not cover this kind of structuralization nor was this type of organization put together with any of the ways of cohabitation. Therefore there is a theoretical concept void which is propositional, interventional and does not relate to the empirical reality. In observation to these remarks, the research starts a theoretic challenge of deconstruct or reconstruct our modern only habitational template, which is used today in all families configurations which out any regards to where this template will be used, unfitting to the intergenerational families who have elders. This study is then meant to give an differential analysis of the various domestic space’s templates in regards to the new families formats, their basic and special necessities, the home identities of those families which indicates the differential gap in housing and lifestyle from the higher social classes in comparison to the lower social classes. The interdisciplinary method was chosen in order to describe arrangements found in the lifestyles and the ways of cohabitation of the intergenerational families, this method is used for its knowledge base that better articulates the procedure method and the inductive reflexive approach made possible after an qualitative research. In order to accomplish that, an geographical space which tow real possibilities was selected, that is, the space where the people of great social and anthropological proximity are concentrated and the people which are the researcher kinships and friends, in between those are the habitants of Capim Macio’s, Candelária’s, Tirol’s and Petrópolis’s, neighborhoods, located in the south west zone of her home city Natal. It has been noticed that, meanwhile these intergenerational spaces do not claim their said spaces, because of their habits, necessities and relations in between generations and gender, their arrangements of said space are extremely creative. That means that alterations in the concepts of planning, construction and utilization of built spaces are imperative.

Da casa grande ao condomínio fechado: o que mudou nas formas e modos de morar da família intergeracional no Nordeste e Sudeste do Brasil?

The focus of this study is to draw attention to the intergenerational family’s lifestyles and their various ways of cohabitation, in special to those families which are made by individuals of different generations, these families being constituted of, two or more individuals, or, two or more smaller families, which live under the same roof and have the elderly person as referential in their cohabitation. In those types of families, as for their ways of organization, it is interesting to note that the researches and productions done by inner architects and inner designers do not include this type of family arrangement because their studies do not cover this kind of structuralization nor was this type of organization put together with any of the ways of cohabitation. Therefore there is a theoretical concept void which is propositional, interventional and does not relate to the empirical reality. In observation to these remarks, the research starts a theoretic challenge of deconstruct or reconstruct our modern only habitational template, which is used today in all families configurations which out any regards to where this template will be used, unfitting to the intergenerational families who have elders. This study is then meant to give an differential analysis of the various domestic space’s templates in regards to the new families formats, their basic and special necessities, the home identities of those families which indicates the differential gap in housing and lifestyle from the higher social classes in comparison to the lower social classes. The interdisciplinary method was chosen in order to describe arrangements found in the lifestyles and the ways of cohabitation of the intergenerational families, this method is used for its knowledge base that better articulates the procedure method and the inductive reflexive approach made possible after an qualitative research. In order to accomplish that, an geographical space which tow real possibilities was selected, that is, the space where the people of great social and anthropological proximity are concentrated and the people which are the researcher kinships and friends, in between those are the habitants of Capim Macio’s, Candelária’s, Tirol’s and Petrópolis’s, neighborhoods, located in the south west zone of her home city Natal. It has been noticed that, meanwhile these intergenerational spaces do not claim their said spaces, because of their habits, necessities and relations in between generations and gender, their arrangements of said space are extremely creative. That means that alterations in the concepts of planning, construction and utilization of built spaces are imperative.

Questionamentos acerca de valores axiológicos no turismo: uma abordagem fenomenológica hermenêutica

The study presents the possibility of interpretation of axiological values of tourism as a practice conceived on a human being or Dasein as being-in-the-world of tourism. The value, as an object of Axiology, was considered the predictor of the human being conduct in the phenomenon reflecting this same value in tourism. The aim was to comprehend and interpret through the way of being of Dasein in tourism, which axiological values are chosen to the practice of tourism and the intentional feelings directed to these values. A phenomenological hermeneutics research with exploratory characteristics was accomplished in order to survey the values. Ten episodic interviews were conducted from the hermeneutic situation - constituted by fore-having, fore-sight and fore-conception of each Dasein interviewed, by adopting a sympathetic conduct and sympathy of Max Scheler and the use of emotional intuition to capture the intentional feelings, interpreted afterwards by the analysis of a Martin Heidegger's phenomenology in Being and Time. The results showed that, even without categorisation, the totality of the living experiences, the way of being of positive values outnumber the negatives ones in the existence of each Dasein, leading them to the Learning, which are comprising: experiences to provide self-knowledge, historical-cultural values, and memory as part of the learning experiences, hospitality as a way of openness and socio-cultural exchange, solidarity and peace. Intentional feelings directed at the values for the choice for practicing tourism were: love, happiness, pleasure, respect and trust. Four evidences were found concerning the use of sentimental perspective and intentional feeling of Scheler and regarding the logic of the heart of Pascal used by this author. The sociocultural interrelationships and exchanges form the basis for developing tourism as phenomenon. Therefore the character being-with or Mitsein is prevalent in tourism activities. Despite the learning was the purpose of the experiences, the ultimate goal was the improvement and personal enrichment of Dasein´s humanity development. The study also showed the hermeneutic phenomenological seeing opens the access of the living experiences of values, without making arbitrarily judgment and achieve "to the thing themselves", which, by the overlapping of categories, dispositions and intentional feelings, form the evaluative experiences and are possible to access through the fundamental ontology of Heidegger. The study contributes to broaden the vision concerning to the totality of tourism and the practitioners Dasein of it. As possibilities for deepening studies, was pointed out: the total person of Scheler; the care or Sorge as a form of love in Heidegger; happiness and pleasure in the practice of tourism and human flourishing or eudaimonia.

Um brinde à cachaça: o patrimônio históricocultural e seus usos turísticos nos alambiques do Rio Grande do Norte

The study proposes to present a discussion about the value of cachaça as a cultural heritage and its relation with the touristic activities in the State of Rio Grande do Norte. Based on a discussion originated from historic studies related to the touristic sector, especially when it comes to gastronomy, cachaça is defined not only as an important instrument to the construction of identities, but, also, as an element able to weave social, political and economic relations. Therefore, a touristic product that can provide new destinations. The research was made through five alembics located on the East and Seridó regions of Rio Grande do Norte. To define the focus, it is necessary to refine this selection, especially when dealing with historical facts and memories from these establishment owners. Thus, it becomes necessary to consider the alembic trajectory, periods of larger productions and insertion in the touristic market. Through documental data collection and observations made in field tours, the research has a qualitative approach with descriptive and exploratory goal, methodology that allows us to approach issues around articulations among heritage, identity and tourism. "It was concluded that the state of Rio Grande do Norte has many tourist routes where handmade cachaça produced in the State can be inserted in any of these routes due to its potential searched in the research, as well as, it is possible to work in other perspective when it comes to ways of protecting this patrimony and strategies of incentive of the activity for the development and appreciation of local economy.

Centelhas de uma cidade turística nos cartões-postais de Jaeci Galvão (1940-1980)

The postcard is a medium that has gained popularity at the time that the picture was linked to its support. It circulated favoring mainly the views of the cities and composed a triad between landscape, photography and tourism. The visuality that loads is among signs of representations, relationships, forms of collective consciousness and ways of seeing the world. In Natal, the photographer Jaeci Emereciano Galvão registered urban and social transformations focusing on interventions that emphasized urban centres as social space and progress and nature as a space for contemplation and enjoyment. They are images with social and cultural issues very clear, since the picture is from a process of creation that is all about choices and decisions about what deserves to be photographed. Therefore, the aim of this research by investigating the role of photographs evidenced in Jaeci’s postcards, with a view to inclusion of tourism in the spaces of Natal and the visuality assumed in the context of their own identity. The theoretical framework that makes up the discussions about the landscape, the city's tourism and photographic representation in postcards emerged from the literature of Schama (1996), Corbin (1989), Cosgrove (1998), Benjamin (1987), Kossoy (2003; 2006; 2009) and Souza Martins (2009), which gave grants to interpret and understand the symbolic construction presented in the postcards. Methodologically the work was done through research in archives, newspapers, postcards of the survey, interviews, iconographic and iconological analyses proposed by Kossoy. At the end, it was concluded the Jaeci Galvão’s postcards established themselves as essential elements for symbolic landscapes of tourism in Natal.

Mídia à luz do desejo: cartografias dos processos da mídia livre contemporânea brasileira

This paper aims to understand the specifics of the network communication and the logic of articulation of social insurgencies in contemporary inferred from the rizome concept coined by Felix Guattari and Gilles Deleuze and the multitude as preach Michael Hardt and Antonio Negri. To do so, it raises the processes and practices of political bodies, reaching lines and common strategies of operation. Unless the specifics, it is possible to draw a continuous and rizomatic communication that traverses both bodies enrolled in institutionalized democracy, as the spanish movement-party Podemos and the greek coalition Syriza, as the autonomous collectives, such as the Movimento Passe Livre, fighting for universal public, free and quality transport, and the free media initiatives Media Ninja and Catarina Santos, willing to understand the social movements. The constitutional amendment of this model of communication networking seems to be the desire to radicalization of democracy, the bias of Ernesto Laclau and Chantal Mouffe, as a strategic and common struggle. Indeed, speaking specifically of free media, they are built from here processes that take place in understanding the agency of the bodies as relevant to political action toward the radical democracy project, and the use of free softwares, the communicator-protester agency, the performance, the collective experience.

Avaliação de qualidade da unidade de diálise no Hospital Universitário Onofre Lopes - HUOL

Over the years there has been a broader definition of the term health. At the same time it was found also an evolution of the concept of health care which in turn has led to changes in the approach to delivery of health services and hence in its management. In this regard, currently the nephrology services have been searching for quality technical and social need. In view of these innovations and the quest for quality, it elaborated the general objective: to develop a quality assessment protocol for dialysis service Onofre Lopes University Hospital. It is an intervention project effected through an action research, which consisted of 4 steps. Initially was identified through a literature search in scientific literature, which quality indicators would apply to a dialysis unit being selected as follows: infection rate in hemodialysis access site, microbiological control of water used for hemodialysis and Index User satisfaction. Through critical reflection on the theme researched in the previous step, it was drawn up three data collection instruments, interview form type, applied between the months of October and November 2015. In addition to the information obtained, also made up of the use of information retrieval technique. The results were organized in graphs and tables and analyzed using qualitative and exploratory technical approach. Then a reflective analysis of the data obtained and the diagnosis of reality studied was traced and confronted with the literature was performed. The data produced in this study revealed that the Dialysis Unit of HUOL is much to be desired, considering that some weaknesses have been identified in its structure. Faced with this finding have been proposed, as a contribution and aiming to guide the development of future actions, suggestions for improvement that should be implemented and monitored to be assured overcoming these difficulties, allowing an appropriate organizational restructuring, and resulting in improved service public offered. It was concluded that for hemodialysis treatment results are achieved and positive, it is necessary to have physical structure and adequate infrastructure, multidisciplinary team specialized, trained and in sufficient quantity, well designed processes for professionals to have standards to be followed decreasing the chance to err, and a risk management system to detect and control situations that endanger patient safety.

Avaliação de qualidade da unidade de diálise no Hospital Universitário Onofre Lopes - HUOL

Over the years there has been a broader definition of the term health. At the same time it was found also an evolution of the concept of health care which in turn has led to changes in the approach to delivery of health services and hence in its management. In this regard, currently the nephrology services have been searching for quality technical and social need. In view of these innovations and the quest for quality, it elaborated the general objective: to develop a quality assessment protocol for dialysis service Onofre Lopes University Hospital. It is an intervention project effected through an action research, which consisted of 4 steps. Initially was identified through a literature search in scientific literature, which quality indicators would apply to a dialysis unit being selected as follows: infection rate in hemodialysis access site, microbiological control of water used for hemodialysis and Index User satisfaction. Through critical reflection on the theme researched in the previous step, it was drawn up three data collection instruments, interview form type, applied between the months of October and November 2015. In addition to the information obtained, also made up of the use of information retrieval technique. The results were organized in graphs and tables and analyzed using qualitative and exploratory technical approach. Then a reflective analysis of the data obtained and the diagnosis of reality studied was traced and confronted with the literature was performed. The data produced in this study revealed that the Dialysis Unit of HUOL is much to be desired, considering that some weaknesses have been identified in its structure. Faced with this finding have been proposed, as a contribution and aiming to guide the development of future actions, suggestions for improvement that should be implemented and monitored to be assured overcoming these difficulties, allowing an appropriate organizational restructuring, and resulting in improved service public offered. It was concluded that for hemodialysis treatment results are achieved and positive, it is necessary to have physical structure and adequate infrastructure, multidisciplinary team specialized, trained and in sufficient quantity, well designed processes for professionals to have standards to be followed decreasing the chance to err, and a risk management system to detect and control situations that endanger patient safety.

O centro de Fortaleza como lugar de moradia

The present study has the objective of analyzing how the ways of dwelling influences the uses and the functional and symbolic appropriations of the urban space in Fortaleza city center, through the perspective of the residents and their relation with the living place. Scenarios of development and degradation of its urban space have marked the city center of Fortaleza. The intensification of the commercial and services occupation promoted through the years, paradoxically, the valorization of the land price and the devalorization of the residential use. Thus, the residential occupation was consolidated in a discontinuous way, being concentrated mainly in the external limits of the historical core of the neighborhood. The research is structured over the delimitation of an area and the selection of multifamily residential buildings, built since the 1960s, close to the central core of the neighborhood. The spatial configuration analysis of the selected residential buildings, and their relations with the urban surroundings and the land uses, reveals different aspects related to the urban vitality, producing impacts over the ways of dwelling constituted by the daily life of the residents. The study of the ways of dwelling involves the comprehension that the dwelling is beyond the private residential boundaries and the functional occupation. The conceptual base of this research is developed over the perspective that the dwelling represents a fundamental aspect of the human condition, allowing the person to relate with the space in an essential way (HEIDEGGER, 2012). In this perspective of the dwelling, the space reunites the mental and the cultural, the social and the historical, being marked by simultaneous logics of the conceived, the perceived and the lived space (LEFEVBRE, 2006). The development of this study, over the point of view of the neighborhood residents, is inserted in the perspective of the lived space, related to the concept of place, understood as a qualitative phenomenon, giving essence and identity to the space. The place of dwelling, marked by coexistences, is one of the structural elements of the urban land use, and potential for the rehabilitation of the central areas in big cities. Therefore, the study starts from the hypothesis that the location, the nearby land uses and the spatial configuration of the residential buildings affect the ways of dwelling, in other words the residents dissolve the boundaries of the shelter and experience the urban space, from the dwelling place. The requalification of the dwelling is opposed to the residential space based in functionality, in hierarchy, in self sufficiency, in standardization and in the reproduction of the urban space, materialized in the dense contemporary residential buildings, that are unrelated to the city. The stages of the research involved the spatial configuration analysis of the selected residential buildings and their surrounding, the land use mapping and interviews with the residents. The collected data allowed verifying that the buildings are located in areas presenting heterogeneous land uses, with a great number of residents and users. However, these aspects are not sufficient to promote the vitality of the public spaces in the neighborhood, since the people movement in the streets is controlled by the opening hours of the predominant commercial use in the area. The word of the residents, collected in interviews, indicate that the conservation conditions of the public spaces and the insecurity influences their everyday relations with the place of dwelling, affecting fundamental aspects for the dwelling requalification in the central area of Fortaleza.

O centro de Fortaleza como lugar de moradia

The present study has the objective of analyzing how the ways of dwelling influences the uses and the functional and symbolic appropriations of the urban space in Fortaleza city center, through the perspective of the residents and their relation with the living place. Scenarios of development and degradation of its urban space have marked the city center of Fortaleza. The intensification of the commercial and services occupation promoted through the years, paradoxically, the valorization of the land price and the devalorization of the residential use. Thus, the residential occupation was consolidated in a discontinuous way, being concentrated mainly in the external limits of the historical core of the neighborhood. The research is structured over the delimitation of an area and the selection of multifamily residential buildings, built since the 1960s, close to the central core of the neighborhood. The spatial configuration analysis of the selected residential buildings, and their relations with the urban surroundings and the land uses, reveals different aspects related to the urban vitality, producing impacts over the ways of dwelling constituted by the daily life of the residents. The study of the ways of dwelling involves the comprehension that the dwelling is beyond the private residential boundaries and the functional occupation. The conceptual base of this research is developed over the perspective that the dwelling represents a fundamental aspect of the human condition, allowing the person to relate with the space in an essential way (HEIDEGGER, 2012). In this perspective of the dwelling, the space reunites the mental and the cultural, the social and the historical, being marked by simultaneous logics of the conceived, the perceived and the lived space (LEFEVBRE, 2006). The development of this study, over the point of view of the neighborhood residents, is inserted in the perspective of the lived space, related to the concept of place, understood as a qualitative phenomenon, giving essence and identity to the space. The place of dwelling, marked by coexistences, is one of the structural elements of the urban land use, and potential for the rehabilitation of the central areas in big cities. Therefore, the study starts from the hypothesis that the location, the nearby land uses and the spatial configuration of the residential buildings affect the ways of dwelling, in other words the residents dissolve the boundaries of the shelter and experience the urban space, from the dwelling place. The requalification of the dwelling is opposed to the residential space based in functionality, in hierarchy, in self sufficiency, in standardization and in the reproduction of the urban space, materialized in the dense contemporary residential buildings, that are unrelated to the city. The stages of the research involved the spatial configuration analysis of the selected residential buildings and their surrounding, the land use mapping and interviews with the residents. The collected data allowed verifying that the buildings are located in areas presenting heterogeneous land uses, with a great number of residents and users. However, these aspects are not sufficient to promote the vitality of the public spaces in the neighborhood, since the people movement in the streets is controlled by the opening hours of the predominant commercial use in the area. The word of the residents, collected in interviews, indicate that the conservation conditions of the public spaces and the insecurity influences their everyday relations with the place of dwelling, affecting fundamental aspects for the dwelling requalification in the central area of Fortaleza.

Plano de desenvolvimento sustentável e articulação de políticas públicas: o controle de políticas ambientais pelo poder judiciário

The right to the preservation of a healthy environment is perceived as a Fundamental Right, inserted in the National Constitution and referring to present and future generations. The preservation of the environment is directly connected to the right to Health and Human Dignity and, therefore, must be treated as a personal right, unavailable, claiming for a positive response from the Brazilian State, through the development of related public policies, control of potentially harmful economic activities, with special focus on the principles of precaution and solidarity. The Brazilian judiciary must thus be attentive to the guardianship of the Fundamental Right. The judiciary control over the execution of public policies is based on obeying the principle of the separation, independence and harmony between the Powers, however it should never deviate from the constitutional obligation of caring for the effectivation of the rights and guarantees within the Magna Carta. In the balance between the principle of human dignity, from which springs the right to a healthy environment and the principle of separation of powers, the former should prevail, maintaining the latter to a core minimum.

A responsabilidade civil extracontratual do estado na prestação de serviços públicos de saúde

This study aims to examine the Brazilian legal model for the non-contractual liability of the state in providing public health services, from the perspective of threedimensional theory of law. Up based on bibliographical and documentary research, with emphasis on legislation, doctrine and Brazilian jurisprudence, the following conclusions were reached. The right to health is typified in the Constitution as a social fundamental right, and understands the pretension to obtain from the State, the supply of goods or the provision of services that reduce the risk of disease and other health problems; or promote, protect and recover the physical and mental well-being. Once violated the fundamental right to health, provides the managed, among other fundamental guarantees, the non-contractual liability of the state. The provision of public services by the state can be made directly through the Direct or Indirect Public Administration, or by recourse to private entities. In any case, the provision of public health services is entirely subordinate to the principles of administrative law and should be fully funded by tax revenues. As the provision of public health services is part of the administrative activity of the State, there is no way to exclude the application of the guarantee of non-contractual liability of the state in the face of the damage suffered by administered as users of these services. Therefore, it applies the theory of administrative risk, even in the event of harmful and illegal state failure.

A conduta judicial ética teórica e aplicada contida em princípios e regras deontológicos abrangidos pelo sistema constitucional

Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct grounded in legal principles and rules set out in the Constitution of the Federative Republic of Brazil and the Organic Law of the National Judiciary, also contemplating propositional instruments covered by the constitutional system, which conveys behavioural paradigms inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those instruments in the Brazilian Ethical Code of the Magistrates and in the official complementary training of judges in charge of Judiciary Schools. The study provides the theoretical influxes of moral norm, passing by behavioural social norm to consolidate the ideal standards of judicial conduct into legal standards and related instruments. The Legal Deontology directed to the ethical judicial conduct is confronted with the stereotype that society expressed in relation to the judge's person, who is the political agent that interprets the law for making decisions which directly influences the realization of access to justice, that is constitutionally guaranteed to all. Core values inserted in the constitutional system intended to discipline the judicial conduct are presented and analysed under a critical view, since they are enclosed in prescriptive language that conveys behavioural aspects open to interpretation and which compliance is revealed as a proposition focused on promoting a better solution of interest’s conflicts under the responsibility of those who constitute the distinctive corporation of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the approach of normative and propositional instruments of deontological content, still focusing on the study of real cases examined by the Brazilian National Council of Justice, as part of its correctional goals.

O direito penal do inimigo na atualidade: Mutual Legal Assistance Treaty – MLAT, em matéria penal, celebrado entre a República Federativa do Brasil e os Estados Unidos da América bem como seus reflexos na jurisdição brasileira

In view of the climate of instability and deep social inequalities, it has been evident in the Brazilian reality, a new way to punish systematic already developed and consolidated in other countries, in which, among other things, the criminality is anticipated only by danger that the individual sports. It appears, therefore, that the theory developed by Günter Jakobs, nominated Criminal Law of the Enemy, became subtly inserted in the Brazilian reality as well as in international relations signed. In this sense, the Brazilian State, in order to carry out the international legal cooperation in the criminal field, signed a mutual assistance agreement with the government of the United States of America. Forward the conclusion of Mutual legal Assistance Treaty (MLAT), the signatory countries voiced a desire to cooperate in order to facilitate the implementation of tasks of the authorities responsible for law enforcement in both countries, comprising research, investigation, prosecution and prevention of crime, said internalized adjustment in the Brazilian legal system by means of Decree No. 3810 of 02 May 2001. Alongside these considerations, the present study aims to analyze the Criminal law of the Enemy today, seeking to find evidence of that theory in the MLAT, international legal cooperation instrument signed between the government of the Federative Republic of Brazil and the government of the United States of America. Moreover, it has the objective to describe its effects on the Brazilian jurisdiction, especially as concerns the relativity and the suppression of human rights. Once done the introit, analysis will be carried out in the first chapter, on the definition and main features of the theory of Criminal Enemy of the law, it is imperative to approach the humanistic aspect that preceded the theory as well as the dealings given to some controversial issues surrounding it, such as the anticipation of the enemy's punishment and the disproportionality of the penalties imposed. In the second chapter will present the conceptual assumptions, historical evolution and the positives aspects, as well as the barriers and the pursuit of effectiveness of international legal cooperation. In the chapter, bedroom effective analysis of specific modality of cooperation will be held, the Mutual legal Assistance Treaty - MLAT in criminal matters, signed between the Federative Republic of Brazil and the United States of America, in which the general aspects will be addressed and the MLAT reflections on the Brazilian jurisdiction, which includes analysis about the relativity or suppression of human rights, future trends and creating stricter laws, followed by the presentation of the seized conclusion on the subject, in which, among other approaches, will be voiced understanding about the unconstitutionality certain service requests that, from these, there is the bad use of the agreed instrument.

O Supremo Tribunal Federal como agente tecnocrático no exercício da jurisdição constitucional na solução de casos complexos : análise das ações diretas de inconstitucionalidade nº 3937/SP e nº 3357/RS

Many changes have taken place in contemporary society causing impacts in its different sectors, making it much more complex and insecure than in past times. The alteration on the decision-making system of the Brazilian society is among the main changes today. The post-modern context contributed to the occurrence of the transfer of state power of the Legislative and Executive Powers to the Judiciary Power, specifically to the Federal Court of Justice, leading to an expansion on the actuation range of this institution mainly through the exercise of the constitutional jurisdiction. This has caused a crisis of legitimacy in society once the Court will now decide the political and social fundamental issues. In this scenario, the Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS are highlighted and both are being tried by the Supreme Court. Such emphasis is given, since it is a matter of high complexity and social repercussion that will be decided by a legal institution and not a political one. Thus, this work aims to analyze the role of the Supreme Court in the context of contemporary society on the trial of complex and controversial cases, particularly on the trial of Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS. This study has noticed that due to the post-modern context the majority of the Supreme Court Ministers tend to base their votes in constitutional principles and no longer limit themselves to a formal review of the constitutionality of laws, which indicates a substantialist approach. Moreover, it can be noticed the deliberative potential of the Court as well as the influence of the post-modern features, such as risk, uncertainty and insecurity on the elaboration of the Minister‟s votes. Therefore, sometimes, such as the case in study, the Supreme Court has acted as a technocratic agent in Brazilian society once fundamental political and social decisions for society especially when it comes to complex and controversial cases are being taken by the Supreme Court, which is composed by “Law technicians” and such decisions are mainly based in technical data and scientific studies. For the accomplishment of this work, it has been adopted the inductive approach and monographic procedure method and the bibliographical and documentary research technique.