999 resultados para Contrato de trabalho (direito administrativo), Brasil
Resumo:
This study investigated the intention of the older workers to continue working after state pension age/time. On this way, it explores the relation between this intention and factors related with the meanings of the work and retirement. Specifically, it was examined that factors related to work and non-work are predictors of the intention to continue working, and it was explored if meanings of retirement are linked to this decision. It is a crosssectional mixed methods study, using a survey conducted with 283 federal civil servants of a federal Northeastern University which were near retirement. It envolved an on-line questionnaire, with open-ended questions and the likert-type scale "Older Worker's Intention to Continue Working" (OWICW) of Shacklock and Brunneto (2011), which was validated to the Brazilian version. The quantitative data were analyzed using descriptive and multivariate statistics, specifically procedures for comparing means and coefficients of multiple logistic regression. The qualitative data were analyzed using the lexicographical technique Descending Hierarchical Classification. The findings indicate that most participants want to continue in paid work, and that perception of personal autonomy at work, interpersonal relationships at work, interests outside of work, and flexible working arrangements are significant predictors of intention to continue working. Furthermore, the perception of personal autonomy at work, flexible working arrangements, and the financial incentives are predictors of decision to postpone retirement and remain in the organization. The analysis revealed five patterns of meanings of retirement: "worker's right", "resting", "idle time at home", "new stage in the life course", and "enjoy the use of time”. The decision to postpone retirement is linked to idleness and lack of substitutionary activities work, and the decision to stop working linked to retirement as a life with more quality. The study provides information that can contribute with management policies before the process of retirement decision.
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This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.
Resumo:
The work referred to above, in order to contribute to the legal issues, economic, political and social of the violation of social rights, performs even firmer approach to various implementation mechanisms of social rights in Brazil. Therefore, it begins the study dealing with aspects and important characters of the rights under discussion, as its normative forecast, concept, classifications; respect of social rights with the existential minimum; the principle of reservation of the possible and the need to use this principle as optimization commandment of state resources and the deficit of the realization of social rights in the country. This, in later chapters, in an interdisciplinary approach, challenges and proposals for the realization of social rights by bringing in each chapter, mechanisms for such implementation. That way, as a general objective, it has been to contribute to the discussed problems, when present proposals for the realization of social rights in the Brazilian context. As specific objectives, as well as record the key aspects of the rights in allusion, the one has to promote the perspective of economic development and taxation as posts instruments that the State must be focused on the promotion of social rights by registering in this context that nonexistent economic development without reducing poverty, misery and social inequality and adding that there should be a directly proportional relationship between the tax burden in the country and the human and social development index; analyze the achievement of budget control as essential and healthy measure for the realization of social rights; highlight the importance of society to the achievement of unavailable social interests, affirming the need for the implementation of participatory democracy and, in this line, brings knowledge of the Constitution and the constitutional sense as elements that provide the constitutional progress. Finally, it presents a study on public policies, considering that these are equivalent to the primary means of the promotion of social rights. That way it analyzes the stages that integrate public policies, ranging from the perception of social problems for evaluation and control of the policies implemented; debate about the administrative discretion in when it comes to public policies; brings the classification of essential public policies, the relationship of these with the existential minimum, control parameters and, finally, the legalization of public policy, regarded as legitimate to remedy the unconstitutional state failure and give normative effectiveness and strength to the defining constitutional rules for fundamental social rights. It uses to achieve the objectives outlined, the bibliographic and normative approach method and performs an analysis of jurisprudence related understandings to matter. In the conclusions, it rescues the most important aspects elucidated at work, with the aim of giving emphasis to the proposals and mechanisms that contribute to the solution of the discussed problems.
Resumo:
This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study still has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to effect the Fundamental Right to Public Administration proba, efficient and honest. Thus, to achieve this mister, the proposal is to expose the pesamento the classic contractualist, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. After, it will be studied the theories of Fundamental Rights in order to demonstrate the need for the Civil Service should be veiled in a more specific custody rights, given the deep crisis in the Public Administrative practice due, especially, corruption. On the other side, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, which, to join a deliberative governance program needs to be politicized, adopting full participation, dialogue, as duty citizen. Furthermore, taking as most heart, will be presented the doctrine of Jürgen Habermas, whose Discourse Theory element is to be followed for the implementation of a This study aims to analyze citizen participation in state policy decisions, as an essential element of legitimacy in the branches of the government, especially in the sphere of the Executive, in the context of deliberative democracy. But, this study also has the desideratum to understand the citizen's role in public life, especially in the sphere of the Executive Branch, in order to actualize the Fundamental Right to a just, efficient and honest Public Administration. Thus, to achieve this necessity, the proposal is to expose the thought of the classic contractualist thinkers, Thomas Hobbes, John Locke and Rousseau about the legitimacy of governments, through the statutes, and the question of the general will and majority rule as well as how to present the comments of Thomas Jefferson on popular sovereignty and dialogical citizen participation in matters of local interest. Later on, the theories of Fundamental Rights will be studied in order to demonstrate that the need for the Civil Service should be veiled in a more specific right custody, given the deep crisis in the Public Administrative practice due to, especially, the corruption. On the other hand, the fundamentality of management also covers the aspect of the development of cities, which decisively affects the development of man, who, to join a deliberative governance program, needs to be politicized, adopting full participation and dialogue as a citizen responsibility. Furthermore, taking as the major heart, it will be presented the doctrine of Jürgen Habermas whose Discourse Theory element is to be followed for the implementation of a broad deliberative and emancipatory democracy, with effective citizen participation. It will also be considered the Condorcet Constitution Project as a comparative link in the linking of the public deliberative will, and the Central Power, in the face of the Theory of “Sluice” Habermas. The proposal, based on communicative action, must allow a continuous flux and influx process of social interests towards the exercise of administrative power. The dialogical deal, brought to the center of the decisions, will allow discussions in the public scope, and may contribute to the legitimacy of government actions, inasmuch as it creates the feeling of politicization demanded by the man in a democratic state.
Resumo:
Reading and writing are essential rights, which involve individual and social aspects; in addition, these skills are important when it comes to socio economic and political development, critical thinking and an active participation in society (UNESCO 2005). From a neurobiological standpoint, our brain is not prepared for reading, and this practice must be deliberately acquired via instructional guidance (DEHAENE 2009). However, reading disorders and deficits within executive functions, such as low working memory capacity, can make reading arduous. The aim of this study is to investigate the development of reading skills within 45 third grade students from public schools in the city of Natal – RN and its connection to working memory capacity, through information gathered from the Provinha Brasil, data generated from working memory tasks (Portuguese version of AWMA - Automated Working Memory Assessment) and fluid intelligence measures RAVEN. Based on this main objective, we attempted to answer the following research questions: (a) What are the correlations between working memory and reading scores?; (b) What characterizes the relationship between working memory capacity and the risk of reading disabilities amongst the participants in this study?; Following a quantitative research methodology, the Provinhas Brasil from 3rd grade students belonging to the six public schools members of Project ACERTA - Avaliação de Crianças em Risco de Transtornos de Aprendizagem (CAPES/OBEDUC)- were analyzed and compared to the scores from the working memory tests and the fluid intelligence ones. Results indicate that reading skills within children at risk of reading disabilities are directly linked to working memory capacity, especially with regards to the phonological component. It is also evident that the participants with less working memory capacity show more difficulties in the reading abilities that demand interpretation skills. Thus, we intend to contribute to the discussion regarding the diagnosis of reading disabilities and possible intervention strategies.
Resumo:
Reading and writing are essential rights, which involve individual and social aspects; in addition, these skills are important when it comes to socio economic and political development, critical thinking and an active participation in society (UNESCO 2005). From a neurobiological standpoint, our brain is not prepared for reading, and this practice must be deliberately acquired via instructional guidance (DEHAENE 2009). However, reading disorders and deficits within executive functions, such as low working memory capacity, can make reading arduous. The aim of this study is to investigate the development of reading skills within 45 third grade students from public schools in the city of Natal – RN and its connection to working memory capacity, through information gathered from the Provinha Brasil, data generated from working memory tasks (Portuguese version of AWMA - Automated Working Memory Assessment) and fluid intelligence measures RAVEN. Based on this main objective, we attempted to answer the following research questions: (a) What are the correlations between working memory and reading scores?; (b) What characterizes the relationship between working memory capacity and the risk of reading disabilities amongst the participants in this study?; Following a quantitative research methodology, the Provinhas Brasil from 3rd grade students belonging to the six public schools members of Project ACERTA - Avaliação de Crianças em Risco de Transtornos de Aprendizagem (CAPES/OBEDUC)- were analyzed and compared to the scores from the working memory tests and the fluid intelligence ones. Results indicate that reading skills within children at risk of reading disabilities are directly linked to working memory capacity, especially with regards to the phonological component. It is also evident that the participants with less working memory capacity show more difficulties in the reading abilities that demand interpretation skills. Thus, we intend to contribute to the discussion regarding the diagnosis of reading disabilities and possible intervention strategies.
Resumo:
The work is to demonstrate the scope of modern-day major regulatory provisions and the policies implemented to adoption of biofuels in the national energy matrix. The adoption of biofuels as an alternative to fossil fuels, is based on the realization of the fundamental right to an ecologically balanced environment mitigating hazards and environmental hazards arising from a postmodern society. However, the change in the Brazilian energy matrix observe the precepts of certain environmental principles to essentially environmental preservation The proposed Environmental rule of law is founded on the realization of the right (duty) key to an ecologically balanced environment for sustainable development. Thus, it is up to the State, in addition to considering the dangers and risks fruits of government decisions, present the possible instruments to mitigate the irreversible environmental damage to the environment. The management of environmental risks present in the ideals of an Environmental rule of law, plays an important role in the preservation and economic development, using, therefore, of acautelatórios legal instruments, such as environmental licensing and the ecological-economic zoning, measures adopted in the light of the principles of precaution and preservation. The adoption of research in the environmental field, improvement and development of environmental technology, building a system to observe ecological changes, imposition of environmental policy objectives to be achieved in the medium and long term and systematization of organizations plan a protection policy environmental, are essential measures to control possible environmental risks and damage guided by the aforementioned environmental principles. Thus, it will be used the inductive method of approach, starting from the analysis of the new perspective of Environmental rule of law and the implementation of biofuels in the context of a post-modern society, marked by uncertainty and the risk of damage, from the study of the principles of caution, maintaining and cautionary measures in mitigating the hazards and potential risks.
Resumo:
O objetivo principal deste trabalho é caracterizar o processo de envelhecimento populacional no Brasil e analisar suas consequências para o mercado de trabalho e a política pública de emprego. Para tanto, é realizada revisão crítica da literatura e são apresentados dados quantitativos descritivos e estatísticos de fontes secundárias. A taxa de participação dos idosos no mercado de trabalho no Brasil é 44%. É uma taxa elevada para os padrões de países desenvolvidos. No entanto, o maior desafio para a política pública de emprego para idosos no Brasil é sua baixa escolaridade. No país, não existe política pública de emprego específica para os idosos. Fora do campo previdenciário, praticamente não há ação governamental com o objetivo de alterar o nível de emprego entre os idosos. A implantação de política pública de emprego específica para idosos pode amenizar os efeitos negativos do envelhecimento populacional sobre o mercado de trabalho, a exemplo do que já ocorre nos países da OCDE.
Resumo:
This booklet has been prepared from the actions for the university extension project entitled "Housing and Environment: building dialogue on urbanization of the settlement Ilha”. The study was conducted in a community located on the south end of the city of Almirante Tamandaré, among Barigui and Tanguá rivers. This project was conducted by a group of professors and students of the Federal University of Technology - Paraná (UTFPR), Campus Curitiba. The main objective was to investigate ways of intervention in housing and urbanization of the settlement Ilha, for the regularization of their properties. However, throughout the project, the group found that regularization of this settlement was not possible, in view of the risk of flooding on site. Therefore, this booklet provides information about the area and the rivers in their surroundings, on the positive aspects of living there, brings the story of some struggles of residents for better living conditions, as well as suggestions of funding sources for facilitating a possible relocation of existing families.
Resumo:
This study is dedicated to explain the extent to which political influence in the management of state-owned enterprises can be considered legitimate in the light of the fundamental right to good governance and corporate and public governance, for which was undertaken bibliographical and documentary research guided by the deductive method of work, in which were investigated and presented concepts and issues relating to the State, Government, politics, Public Administration, constitutional principles of Public Administration, the fundamental right to good administration, corporate and public governance and state enterprises. Based on the assumptions found in the works and consulted laws it was possible to conclude that the political influence in state-owned enterprises management can be considered legitimate in the light of the fundamental right to good governance if it promotes the public interest and the public purposes achievement, effectively, efficiently and if it preserves the citizens' rights and the principles and rules that make up the legal framework for public administration; and can be considered legitimate in the light of corporate and public governance to the extent that, in a transparent manner and according to the relevant rules, it seeks not the private benefit of politicians, but to promote the public interest or, in other words, the increase of public value produced by them, while protecting and guaranteeing the rights of its stakeholders and shareholders.
Resumo:
Buscou-se com essa pesquisa perceber como se apresenta o mercado de trabalho do profissional bibliotecário nos estados do Paraná (PR), Rio Grande do Sul (RS) e Santa Catarina (SC), que correspondem à região sul do Brasil (isso é metodologia). A pesquisa teve como objetivo geral analisar os anúncios publicados no site Bibliovagas (http://www.bibliovagas.com.br/), e específicos identificar fatores como: número de anúncios relativos à região Sul do Brasil, média da remuneração, competências e habilidades exigidas, jornada de trabalho, setor que mais procura esse profissional (Público x privado), além de perceber outras exigências requeridas, como por exemplo: Conhecimentos intelectuais, experiência profissional, gênero, etc.. Quanto aos aspectos metodológicos, trata-se de uma pesquisa descritiva, com procedimento técnico documental e abordagem qualiquantitativa. O intervalo de pesquisa se deu entre junho de 2014 e maio de 2015. Como resultados, foram contabilizados 109 anúncios, e 113 vagas na região Sul brasileira. Como consideração destaca-se que há mercado para o profissional, e este exige além dos conhecimentos técnicos, características pessoais, psicológicas e emocionais determinadas.
O descompasso de uma experiência: avaliação do Programa Habitar Brasil na Comunidade África-Natal/RN
Resumo:
This research deals with the evaluation of the Programa do Governo Federal para Urbanização de Favelas Habitar Brasil(1993) carried out in the Africa slum - Redinha neighbourhood in Natal-Rn. This study carried out in period from 2005 to 2006 searches to identify the effects of the actions proposed by Program in 1993-1994 about the current urbanistic configuration of the Africa community. It analyzes the effectiveness in the process of achievement of the considered objectives to habitation, communitity equipments, infrastructure and agrarian regularization. On the evaluation process, it has been as reference the works developed by Adauto Cardoso (2004), Blaine Worthen (2004), Ronaldo Garcia (2001) and Rosângela Paz (2006). About the Habitational Policy with approach to the Urbanistic Right and the right to the housing, the reflections by Raquel Rolnik, Nabil Bonduki, Ermínia Maricato, Saule Júnior, Betânia de Moraes Alfonsin and Edésio Fernandes are main references. To gauge the execution of the objectives proposed by Habitar Brasil in 1993, it has searched in the documentary data of the time and in information gotten in interviews with technicians that had participated of the program, consistent references on what was considered, what was executed and the process of the intervention of Habitar Brasil in the Africa community. The area analysis in 2005-2006 has developed on the base of the urbanistic survey of the current situation from the four performance lines of the Program: habitation, infrastructure, community equipments and agrarian regularization, with a current urbanistic evaluation of Africa considering the intervention carried out in 1993 and 1994. The study points out the context of Brazilian Habitational Policy where the Programa Habitar Brasil was launched, explaining the main principles of the Program. In terms of local, it empahsizes the administrative-political factors that had contributed so that Natal-Rn city has been pioneering in the resources captation of Habitar Brazil (1993). Considering Habitar Brazil in Africa, the work argues and presents the intervention diagnosis and the proposal, developed by Program in 1993 evidencing the local problem of the time. After that, it makes a current reading of the area, identifying in 2006 representative elements of Habitar Brasil (1993-1994) for the Africa community. It identifies significant advances in the constitution of the institucional apparatus of the plaining system of Habitation of Social Interest for the city of Natal and points the fragilities in the implementation of the urban infrastructure actions and above all in the achievement of the objectives of the agrarian regularization
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Através dos estudos do fenômeno jurídico abordado nos textos literários, este trabalho visa analisar o romance «A carne», do escritor Júlio Ribeiro e publicado no ano de 1888, obra esta que retrata a estética da escola literária do Naturalismo e que causou polêmica na época em que foi publicada. Analisaremos o romance com base em teorias literárias e nas construções teóricas da relação entre Direito e Literatura, para estudar os institutos jurídicos narrados e discutidos em situações concretas, a exemplo do divórcio, que prejudicaram os personagens desse romance, devido à falta de uma legislação que regulamentasse o assunto, na transição do Império para a República.
Resumo:
Apresenta um levantamento de editais de concursos públicos para o cargo de bibliotecário, lançados entre os anos de 2010 a 2015. A coleta de dados foi realizada a partir do site www.biblioconcursos.com.br, que disponibiliza o link para os editais de concursos públicos contemplados com vagas para o cargo de Bibliotecário. A coleta contou com a categorização feita pelo site. Os editais foram analisados e categorizados quanto ao número de vagas e aos valores de remuneração, de acordo com oferta para cada região. Este trabalho é um estudo do Programa de Educação Tutoria PET de Biblioteconomia da Universidade Federal do Cariri, como parte de ações e estudos para divulgar e o curso de Biblioteconomia, da referida Instituição.
Resumo:
This study was a critical investigation of the configuration of discourse on work in the Brazilian criminal legal discourse. We problematized the discourse of an alleged reintegrative social function proposed by the criminal legal system and analyzed the role of such discourse in the core of disciplinary power strategies that impose on individuals the honest worker condition as a major criterion for their rehabilitation and return to society as citizens. This critique is our starting point to build the argument that discourse on work as it appears in current criminal legal texts operates more as a criminalization index of those who do not have a lawful occupation than a guarantee of legitimate social transit for convicts and recognition of their dignity. For this purpose, we used as corpus the main sources of Law, namely the Federal Constitution of 1988, the Penal Code, the Penal Execution Law, the Brazilian criminal doctrine and an extensive, more recent penal jurisprudence with regard to techniques of resocialization through work. This critical line enabled us to recognize complexity and plurality of discourses - antagonistic, at times - that build the world of work as portrayed in legal texts. We also sought reference in the discussion on the centrality of work as a formative category of the social being as well as theories that defend the non-centrality of work. Throughout our investigation, we sough to question the very condition of such centrality and to understand the ways in which it was possible to produce a legitimating discourse on work as a model of emancipatory social conduct defended and demanded by the Brazilian punitive system. In a context of precariousness, unemployment and flexibilization of the world of work in contemporary society, convicts hardly ever succeed to resume the identity of honest, hard-working citizens - and no longer offenders. In this context, we also questioned the formulation of a discourse that speaks about human labor as the essence of man and criticizes the Marxist vision that is based on work centrality, and we approached the concept of Michel Foucault, our theoretician of reference, who understands work more as a mechanism of power that promotes the individuals’ submission and adaptation to a goods-producing society than the natural activity of man. We ascribe our study to the field of questions that tackle the political conception of the body as subject to labor imposed as productive and political force. It is about the issue of political technology of individuals, a technology of power, as named by the French author. The intended analysis has not dismissed the material existence of labor relations but sought to discuss the validity of a discourse that considers work the main resource for convict rehabilitation and index for the recognition of dignity and honesty. The Foucauldian discourse analysis was the foundation for the investigation of our object, especially if we understand discourses as social practices with power to institute knowledge and produce truths.