Responsabilidade civil como função social na distribuição e revenda de combustível face ao direito do consumidor e ao meio ambiente

The civil liability of the distribution and retail fuel stems from the fact business activity developed to be high risk and can be said as risk inherent or latent danger that has predictability and normality characterized by placing the consumer in a position of vulnerability, such as the environment, both public policies defined and constitutional protection. Consumer protection as a fundamental right and the environment as the primacy of social order aims the welfare and social justice, as inserted right to the third dimension, are guarded by the State when it creates operational standards through public policies and indirectly intervenes in the economic order. This intervention is due to consumer protection and the environment are economic order principles, founded on free initiative and free competition, ensuring everyone a dignified existence which underlies the irradiation of fundamental rights in private initiative, before the commercial evaluation, mass consumption, the emergence of new technologies that link consumers to the environment before the protection of life, health and safety and ensuring a better quality of life for present and future generations. To repair this damage and the right to information are provided as fundamental rights that put the person at the epicenter of the relations and collective interest stands out against individual interests that to be done need public-private partnership. In such a way that the used methodology was an analysis of documents correlating them with bibliographic sources whose goals are to recognize the civil responsibility as limit to subjective right, having to develop a social function where guilt and risk grow distant and the damage is configured as a consequence of inherent risk, requiring the State interventional postures in fulfilling its public policy; prevailing in these risky activities the solidarity of those involved in the chain of production and socialization of damage forward those are provided directly of products of hazardous nature that put in a position of vulnerability the environment and the consumer

Hermenêutica constitucional e fficácia dos Direitos Sociais

The present research has, as general objective, to seek a constitucional hermeneutics directed toward the improvement of the efficacy of the social rights rules, with the purpose to solve the elapsins problems from the general picture of its inefficiency, which are disposed on the Constitution, in its ample majority, as mere regular norms. Leaving of the premise that no Constitutional norm can be without being materialized and the true development of the State is it the social one (based on the principles of freedom, equality and solidarity), it will be demonstrated that the arguments in favor of the legislative inefficiency configure a true blow on the Democratic State of Brazilian Law. For this, it will be done, preliminarily, a study of the basic rights, legal category where it is found the social rights. To follow, it will be analyzed the hermeneutics of the legal norms, with emphasis on the specifics of the constitutional hermeneutics and its methods of interpretation. Finally, the aspect on the improvement of efficacy and the effectiveness of the social rights will be studied, through a new readind of certain dogmas that still persist in the legal world, being distinguished the institutiones of the reserve of the possible and the existential minimum. Ahead of this, after verifying the new paradigmas of the interpretable activity, will be demonstrated how it is possible to get an upgrade on the effectiveness of the social rights

Imaginário radical e educação física: trajetória esportiva de corredores de longa distância

Cette étude propose une lecture du sport d endurance, prenant comme perspective théorique l imaginaire radical et considérant les dimensions socio-historiques e subjectives de la pratique de courses de longue distance. D abord, l échantillon la recherche a été composé de huit sujets-atlètes du groupe de courreurs de rue Sport Vida. Ainsi, em même temps que nous faisons une analyse socio-historique de cette pratique sportive, nous considérons l ensemble des aspects sócio-culturels et poursuivons la recherche avec comme objectif de comprendre les sens qui lui sont attribués par les sjuets-atlètes, au-delá de l aspect économique et de la consommation. Nous observons que, même si l altétismo qui est pratiqué a des aspects competitifs (economiques), les atlètes créent d autres sens pour continuer a pratiquer ce sport, comme les amitiés, être ensemble avec les amis. Ils rompent avec la logique déterministe du sport dépasser la limite du corps, vaincre à n importe quel prix, dépasser les collègues -, en cherchant des moments de solidarité, un sport sans violence et affectif. Nous percevons néanmoins des contradictions dans le discours de quelques atlètes quand confessent que le plus important est l amour du sport, les amitiés, mais réclament du manque de sponsorts et d appui pour pouvoir s entrainer tranquillement. Cette recherche a aussi montré que dans la pratique de ce sport, les atlètes construisent une obstination, sachant le sacrifice qu il impose au corps, mais cela se transforme en plaisir, excitation et recherche d émotions fortes. Valeurs éthiques sont aussi construites et valorisées dans l atlétisme, ce qui est observé lorsque que les sujets-atlètes critiquent avec véemence a propos de l usage de substances chimiques par les sportifs. En choisissant l imaginaire radical comme principale inspiration théorique pour cette recherche, il devient évident que le sport peut être ressignifié, à partir du moment que cet imaginaire est potencialisé dans l enseignement de l éducation physique, porvocant chez les élèves une réflexion critique sur la société et sur le sport, qui passe à être redimensionné vers la solidarité, avec démocratie et autonomie. Enfin, l étude a révélé que le sport d endurance est capable de créer des liens sociaux et structurer des relations à partir de cette pratique

Nas asas de Ícaro: uma análise da Pedagogia Freinet do 2º ao 5º ano do Ensino Fundamental na perspectiva da ação docente continuada

Célestin Freinet was one of the most memorable educators of the twentieth century. He presented some educational alternatives that had the objective of stimulating the construction of pedagogic actions to promote the social development of the student based upon a work centered on the free expression as the way to self-structure the knowledge. With a permanent proposal of research based on the enquiry-based learning, Freinet set human capacity (cognitive, social-affective, psychometrical) taking cooperation in consideration on the processes of knowledge construction. Based on this referential, this present work has the objective to show Freinet s pedagogy in a continuous teaching action from 2nd to 5th grade focusing the teacher s discourse and also the educative practice of the students of a city public school in Natal. The observed work revealed the teacher s discourse and educative experience and delineated the students development while immersed into Freinet s educational practice. By virtue of the nature and specificity of the theme that guided our research, we chose a qualitative approach to it, as a way of conducting ourselves during our investigative process. We observed and analyzed the method that was used to conduct the activities in the classroom, as well as the ways of expression that the children used through drawings, words (oral text), or through writing. We highlight, among the written texts, the individual and collective texts, and also letters and notes, which during some moments served as a base to express a diversity of languages. The results, after a analyzing the research data, point towards a teaching practice that favors the construction of a significant learning process through the grasping of the school environment, on which all these factors are based: society, knowledge acquisition, abilities, attitudes and values. This learning process also strengthens human solidarity bonds and mutual tolerance, on which the student s social life is seated.

Era um sonho desde criança : a representação social da docência para os professores do município de Queimadas-PB

The objective of this work was to access and understand the teaching social representation (MOSCOVICI, 2005) for the teachers of the children education and fundamental education at Queimadas city, Paraíba. We assume that one representation that allows the teacher to name its profession and to act on it, is a derivative of regularities that are expressed by means of a habitus (BOURDIEU, 1983a), generative matrix of perception and action. This teaching habitus is originated from the experiences and the trajectories of social and professional life of the group. Therefore, from some variables, we tried to access the profile of the group of teachers studied and to get closer of their life style to understand their profession choice and the teaching social representation for this group. In this research, it was used four data sources: a) the questionnaires of characterization; b) the questionnaires of practices and meanings; c) the experience reports and; d) the interviews in depth. The analysis of the data collected was done by means of the simple statistics (frequency), the intersection of variables through cross tables and, the thematic analysis of the contents. The results show that there is a lightly homogeneous group in terms of its social origin and its life style, moreover, they conduct to an overlap between this origin/style and the professional choice. On the other hand, the teacher representation is multi-dimensional such that, all dimensions intercept and articulate with each other to provide a concise teacher representation. They are four dimensions: love and care, help and donation, teaching and learning and, sacrifice and hope. The elements of the teacher representation are substantiated in the schemes of perception and appreciation of the group, in the regularities and life experiences in the context of religion, family, gender and profession. In these regularities we find the elements that comprise the teaching habitus which drives perception and action, representation and daily practice of these teachers. The teaching social representation is still perceived as a threshold for the professional identity of the group of teachers considered. We also observed that there are signs of changes in the practices used by these professionals since they graduate from the course of pedagogy. However, it is not possible to say that these changes are isolated or they lead to a transformation in the teaching habitus or the teaching social representation

Reflexões sobre a construção e evolução de conceitos geométricos nas séries intermediárias do ensino fundamental

This thesis represents a didactic research linked to the Post-graduation Programme in Education of the Universidade Federal do Rio Grande do Norte which aimed to approach the construction of the geometrical concepts of Volume of the Rectangular Parallelepiped, Area and Perimeter of the Rectangle adding a study of the Area of the Circle. The research was developed along with students from the 6th level of the Elementary School, in a public school in Natal/RN. The pedagogical intervention was made up of three moments: application of a diagnostic evaluation, instrument that enabled the creation of the teaching module by showing the level of the geometry knowledge of the students; introduction of a Teaching Module by Activities aiming to propose a reflexive didactic routing directed to the conceptual construction because we believed that such an approach would favor the consolidation of the learning process by becoming significant to the apprentice, and the accomplishment of a Final Evaluation through which we established a comparison of the results obtained before and after the teaching intervention. The data gathered were analyzed qualitatively by means of a study of understanding categories of mathematical concepts, in addition to using descriptive statistics under the quantitative aspect. Based on the theory of Richard Skemp, about categorization of mathematical knowledge, in the levels of Relational and Instrumental Understanding were achieved in contextual situations and varied proportions, thus enabling a contribution in the learning of the geometrical concepts studied along with the students who took part in the research. We believe that this work may contribute with reflections about the learning processes, a concern which remained during all the stages of the research, and also that the technical competence along with the knowledge about the constructivist theory will condition the implementation of a new dynamics to the teaching and learning processes. We hope that the present research work may add some contribution to the teaching practice in the context of the teaching of Mathematics for the intermediate levels of the Elementary School

Aprendendo a pertencer: uma leitura da trezena de Santo Antônio em Pradoso enquanto territorialidade humana

The Novena of St. Anthony in Pradoso, is an annual celebration that takes place between June 1 and June 13. Since its preparation to the conclusion of the celebration are employed traditional knowledges and techniques, which are shared by the community. Such knowledges, built over generations, associated with popular religion, form it into the educational processes that build, through orality, practices and experiences of everyday life, the sense of belonging. An analysis of scenes, knowledges and subjects involved in the celebration, shows the form and content of practices capable of building symbolic territories of belonging. Thus, the Novena of St. Anthony in Pradoso, while an human territoriality, is designed as a locus of learning of belonging, reaffirming community values such as solidarity, service, brotherhood, integration, among others. While empirical reference for an analysis of the importance of belonging, the Novena of St. Anthony in Pradoso, offers subsidies for the production of knowledge, focused on understanding the need for a reconnection of technical and humanistic knowledges

Ginástica e ética na escola: Apontamentos para compreender a convivênca humana.

The daily teaching invokes us to answer questions that surround the educational action, they are ethic and political exercises of us teachers, considering the responsibility that is presented to us in circumstance of perspective that we create as for our students´ formation. Considering the public school Terezinha Paulino as stage of the daily teaching which we invested, and finally, the school gymnastic group (GGTP), as pedagogical practice specifically attended during this study, we launch the following questions: 1. What are the ethic indicators present in the experience lived by GGTP members? 2. What s the meaning of these indicators for the GGTP members? 3. Do these meanings configure a socio-political dimension of the individuals involved formation ? What socio-political dimension is that? And What is its contribution to think of Physical Education in school? From these issues, we highlight our goals in this research: investigate the educational experience lived in GGTP, with a focus on the ethical elements that characterize and reflect the relationship of these elements in the socio-political dimension of Physical Education in school. To answer the initial questions and achieve our goals, we use the Content Analysis (BARDIN, 2004) as a methodological contribution of this research. From this methodological contribution we got two strands of the discussion here related: relational behavior of living and undesirable relational conduct and non-social. typical examples of good living are: union, cooperation, solidarity, fraternity, conversation, dialogue, love, trust, responsibility, commitment, dedication, application, respect, partition, sharing, gratitude, companionship, kindness Correspond to undesirable behaviors conduct: intrigue, strife (dispute), vanity, arrogance, anger, rage, fury, nervousness, anxiety and fear. Permeates the categories discussion, The group of knowledge produced by different authors, Humberto Maturana predominate among them, sometimes related to some of its main partners, , José Varela, Gerda Verden-Zöller and Sima Nisis de Rezepka. Although less frequent, we broach other authors, including Edgar Morin and Paulo Freire, to enlarge, articulate, and thus contribute to support the notes, contents of this study. Besides the introductory chapter, is the content of this dissertation: ethics: textual understanding, the methodological way; relational behaviors of living; undesirable conduct relational and non-social; gymnastics as an ethical and political bet on training human. In ethics: textual understandings, we make a brief introduction to distinguish the ethical field which we are advancing; In the methodology way, we briefly describe the implementation of the analysis content (BARDIN,2007); in relational behaviors of living, as well as, in undesirable relational conduct and non-social, we point out the meanings discussing them supported on theoretical contribution of this research. Finally, in gymnastics as an ethical and political bet on training human, we point out some possibilities for the gymnastic practice and physical education at school, as well as to think about education by training human bias.

Reflexão sobre agressividade, violência e bullying na escola: perspectivas de contribuição das práticas corporais cooperativas

The present dissertation tells a proposal of based pedagogical intervention in the use of practical corporal cooperatives during lessons of physical education in intention to create situations that allow to educating to reflect on the violence and its consequences in the social relations in the school. For in such a way, we leave from the following question of study: which perspectives of the physical education to contribute to minimize the aggressive and violent attitudes of the pupils in the school? Centered in the objective to reflect on the aggressiveness, the violence and bullying in the school, the light of a theoretical recital and in the perspectives of contribution of practical the corporal cooperatives for the reduction of its effect in the pertaining to school environment, in particular in the lessons of physical education, we search among others to involve the pupils in activities that stimulated the expression of human values as solidarity, respect and cooperation. In this intention, we opt to a ethnographic study for the possibility of next interaction between investigator and the investigated one. Our research is directly on to the social aspects that involve the problems of the society in a general way, in the attempt to diminish the decurrent problems of aggression situations, that they happen in one definitive municipal school of the city of Natal/RN, the sample being constituted of pupils of 6º year of Basic Education. It analyzes the practical situations lived deeply by the pupils had revealed efficient to minimize the aggressive attitudes in the pertaining to school space, as well as it opens perspectives so that the educators deal better with such attitudes, using to advantage them to educate the pupils in the direction to stimulate the good relations. We believe that with this research, to be able to of course share with other schools our experiences in the attempt of resolution of similar problems regarding thematic of the aggressiveness, respecting the specificity of each school in particular

Saúde Mental e enfermagem: em busca da integralidade na ESF

The present work shows an inquiry about the conceptions and practical work of the nursing professionals on the accompaniment of mental sick patients in the Family s Health Strategy, under the approach of the completeness in health. The justification of this research is given by bringing an special attention concerning the subjet to these professionals of health: the gradual abandonment of the traditional manicomial model leads to the insertion of mental patients in the community . The nursing professionals must be prepared to receive these patients in the basic net of health and contribute to help their adaptation and insertion in the social environment as citizen. In this context, considering the entire attention to the mental health, it is important to detach that the assistance to the patient must search his reinsertion in the community by providing programs that develops his sociability. This analytical study was developed using a qualitative approach and a thematic verbal history. Ten nurses of Nova Natal s Health of the Family Unit, of Felipe Camarão Mista s Unit and of Cidade da Esperança s Health Unit contributed for its development . The information was acquired through an instrument research that made possible the accomplishment of the interviews. These ones were set previously and counted on the assent of the participants. The interviews were recorded and analyzed in accordance with the pertinent literature concerning the subject. The aggregation of the information was then discussed. At this moment three thematic axles were defined dividing the categories of analysis. According to the results of the interviews, the practical procedure given to the patients with mental upheaval is resumed by the prescription of psicotroprics medicaments. It doesn t provide an accompaniment by the professionals of health, specifically, nurses, to the patients and their families. The lack of qualification and a multi-professional team emerged as one of the challenges for the implementation of practical procedures towards the patients with mental upheaval. Therefore, the results of this research show the necessity of transformations in the current scene of the mental health in the Family s Health Strategy. These changes can be reached by politics investments on the mental health area, not only financially but by providing human resources that should allow the professionals to exert the completeness procedures

Relatos de uma vivência interdisciplinar: educação, saúde e cidadania

This study addresses the interdisciplinary training in perspective for the Brazilian Health System (SUS) in view of graduation students in the areas of health of Federal University of Rio Grande do Norte s (UFRN) former students of the course Health and Citizenship (SACI). Emphasizes also the importance of commitment to social policies, particularly with those focused on the area of health. This is a case study with a qualitative approach. There was the lifting of data through documental research, from 14 portfolios of learning, which are weekly records of students from the respective discipline, corresponding to 2005.2 to 2007.2 semesters. From the analysis undertaken, inferred that the methodology problematizing, used by the discipline, enables students to understand that learning is not restricted to the confined university walls. It shows the health from a complex and concrete social reality, allowing students to an interdisciplinary dialogue in search of the transformation of this reality. It means an opportunity to interact with the dynamics of society in their area of activities, developing a relationship of solidarity in the formation of the citizen. Moreover, it was clear the direction of experienced interdisciplinary and recognized by students of various professions that make up the discipline. Thus, the SACI in preparation for construction of SUS, helps to form a new professional, more committed to the promotion and with a collective work in health

O corpo como matriz pedagógica

The contemporary conjuncture based on the capitalistic knowledge converges to the corporal consciousness that makes us see, feel, taste and hear, be in/to pieces. Disembodied reason legitimate and legislate ways of being and living socially and its development is the dehumanization of human relations causing pain and suffering. The objective of this work is to discuss the body as pedagogical matrix through imagistic/artistic elements: music, painting and literature. Metaphors lead to self knowledge of human subjectivity and approach us to the kaleidoscope of sensitive knowledge and enables learning to learn with the infinite combinations of images, knowledge, feelings and worldviews. The song Memória da Pele comes in the voice of Maria Betânia speak of the memories that are not mine, but are tattooed in me in the memory of skin, singing the memories of a love lived by who tries to forget rationally, but the body insists on remembering. It is password to think about what we are. The short story by Clarice Lispector, entitled Miss Algarve, narrates the life story of an unmarried and virgin woman, and her encounter with an alien called Ixtlan. Until then, she who lived as if every day were a Monday, found herself seduced by the pleasure of having a body in contact with another body, which also allowed her to give visibility to the bodies of others. She had repudiation by the immorality that her body and the other s perspired. The discovery of the body brings important lessons for nursing, involving our body and the others'. The painting the flying bed or Henry Ford Hospital, by Frida Kahlo, is our final metaphor. The traumatic experience of abortion is shown in this painting trough the picture of the artist naked in a hospital bed. This painting invites us to reflect on our work process. We need to think in multiple dimensions of the being and accept the invitation of art, so that the lightness confronts us with the weight imposed by the hegemonic ideology. I believe it is not a single view, but the many views that should justify the knowledge and practices of nursing; what matters is that they are woven into the dialogue, democracy, provided that protagonism of those individuals involved in this process, in the wandering and uncertainty, in the rewiring, solidarity, plurality. To this end, the body must be the great pedagogue that is able to be viewed not as a tapestry seen by the right view, as the logical knowledge sees, but seen by the opposite side in its singular, irregular, discontinuous weavings

Trajetos no labirinto: história de vida dos portadores de doenças oncológicas em uso de transfusões sanguíneas na cidade de Natal/RN

The studies paths in the maze: life story of individuals with oncological diseases into use of blood transfusion in Natal has the hemotherapy as a primordial procedure to review the relationship between users of oncological health and the due ramifications. The hemotherapy looks for supply the organic needs through blood transfusion, which acquires vital function to the ones that have cancer, because it might reestablish the functionality of the organism throughout the raising of blood components. The impact over the transfusion affects emotionally and physically the users life. Aiming to reflect on these impacts, this study tried, through narratives of lives, rescue their experience since their knowledge of the disease until the time of blood transfusion using. It s about an exploratory-descriptive study, where the qualitative approach uses the theoretical-methodological reference of the oral life history to analyze a colony consisting of five users of health diagnosed with cancer, with achievement of at least three blood transfusions, the clinic Núcleo de Hematologia e Hemoterapia - UFRN, in Natal-RN. The network, in turn, was composed by employees of both sexes, regardless of age, who voluntarily agreed to participate in the study. The data collection, with approval of the Ethics Committee in Research, Liga Norte Riograndense Contra o Cancer, on the number 001/001/2012, occurred through semi-structured interviews, recorded individually in the home context that was previously chosen by employees. The methodological procedure occurred with the transcription of the interviews and their transcreations, and analysis of reports by thematic content analysis. At the reading orientation and interpretation of the employees stories, were discussed three categories of analysis: the impact on psychological REVIEW; impact on socialization and group membership, the environment and the impact of blood transfusion on treatment. Based on the narrative of the life histories of employees, we conclude that the experiences and feelings, hope and sorrow, pain and faith, even when facing a disease like cancer, bring lots of teaching and learning to health professional that deposits humanization health and reinstate hemotherapy forms of clinical critical

Cuidado de enfermagem ao potencial doador de órgãos em morte encefálica: uma reflexão sobre a prática

Despite of the technological advances that favor the transplant process, there are issues of effectiveness of care necessary for the maintenance of potential organ donors with brain death, which contribute to the no realization of transplants of organs and tissues of these patients. It is presupposed that the problems could be related to perceptions and understandings that the professionals of the units of internment have about the care required by the diagnosis of brain death. The aim of this study was to understand the meaning of the nursing care of the potential organ donor with brain death to the nursing staff. Descriptive study with qualitative approach guided by Action Science Theory and the critic-reflexive research methodology accomplished with five nurses and 19 nursing technicians from Operative Rehabilitation Center in a public hospital at Natal / RN, Brazil, between March and May 2013. Data were collected through semi-structured interviews with individual reflection about the care and through group interview, after approval by the Ethics and Research Committee, CAAE No.: 04255612.7.0000.5537. The analysis was performed in a thematic way according to Bardin. During the group meeting the participants were driven in a discussion about the need for change and how to perform them. The results indicate that the professionals actions are consistent with those required for maintenance of potential organ donors, although the material and human resources are not adequate. That situation leads the professionals to develop a meaning of care as one labor more, demanding more than they can give. They express beliefs and feelings concerning the hope that their care brings a greater good that is to save lives. The reflection for a possible change of action was difficult to accomplish due to professionals not to be able to self evaluate, what lead to direct your changes suggestions for other team members. It is concluded that the care provided to these patients is a difficult care, evidenced by suffering both death situation of the person cared and pain of their families, as the dehumanizing conditions of work, helping themselves to keep distance from patients to not suffer so much. The knowledge impregnated in their act, are scientific, ethical, aesthetic and personal kind with a predominance of the scientific followed by the personal. The study was also relevant to the practice of nursing in maintaining the potential donor, in that it allowed the identification of the knowledge used by nurses in their care practice and the meaning understanding of the professionals on the care provided, as a good action that brings satisfaction when the transplanting is executed. Other experiences are suggested with the critic-reflexive research methodology, both in research as in teaching nursing

Caracterização e avaliação do macro sistema urbano de distribuição de água de Natal RN

The aim of this study is to characterize and evaluate the Macro System of Regional Water Distribution Natal North (RNN) and Southern Regional Natal (RNS), covering 35% and 65% respectively of the Natal-RN City. The terms of the quality and quantity of water (surface and groundwater) were also evaluated in order to adjust the parameters that contribute to proper distribution and control in water reserves. The methodology of the work took place from collecting volumetric data of production capacity and distribution of the two treatment plants for Regional as well as the flow rates of wells. Yet the quantitative capacity of reservation, distribution and consumption of the main reservoirs, population numbers and consumption of members neighborhoods were collected. Data were tabulated and used in computational simulator EPANET to diagnose possible through the water balance, the offers and demands on the water supply system in the neighborhoods of the capital, linking them to specific distribution points. We also evaluated the wells in the levels of nitrate in water consumed. As a result it was found that some neighborhoods in the South Regional Natal, was ranked as critical supply situation: City of Hope, Lagoa Nova and Nova Descoberta, where demand exceeds supply. While in most Northern Regional Natal present deficiency in the supply system as: Lagoa Azul, the Parque dos Coqueiros, igapó, Amarante and Salinas. The rates of nitrate in the city were significant, but manageable with corrective and preventive measures. The averages were 12 mg /l-N in Candelária, 10 mg/l-N in Lagoa Nova, 9 mg/l-N in Satelite, 20 mg/l-N in Gramore and 15 mg/l-N in N. Sra. Apresentação. Therefore proper distribution of water abstracted and implementation of quality control ensures the supply required by the system, associated with preservation of Water Resources of the Metropolitan Region of Natal