Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

Participação de mulheres na história da Escola Mista no Pará - 1870/1901

This study aims to problematize the history of mixed schools in Pará, from 1870 to 1901, highlighting women participation that helped to build them. The analytical focus of the research fell on the changes and the continuities of the mixed school in Pará. The object of analysis is the Paraense mixed schools, formed by women. The study also brings out arguments that the mixed school was set up in variable forms, concepts, times and spaces, in an overlapping with the inclusion of women in educational universe, either through education, professionalization or teaching in schools of girls and boys. The documentary sources privileged by the study are: the educational law, the newspapers, the government reports and the journals of education, which were examined in a confrontation between what was said and done. The evidential method helped the documentary reading revealed that, in small lines, the linkages built in the search for clues and signs of Paraense mixed schools was assembled with the participation of women, from the perception that historical knowledge is indirect, conjectural. Evidences indicated that the school for both sexes, legally established in the Province of Grão-Pará in 1870, gave the signals of the junction of girls and boys in school, at a time when the presence of women in education was suggested. Mutations related to the educational organization, with the introduction of mixed school in the following decade had a closer relationship with restrictive settings and more effective integration of women in that school. The inaccuracies of the Republican mixed school have revealed, through winding paths, that signal of contradictions between the modern discourse and conservative practices regarding this school, in communion with the expansion of the mixed school throughout the state, including in groups schools, observing the presence of effective women teachers in the regency of such schools and an expansion of students in relation to the equity between the sexes

Padre Miguelinho :o intelectual, o professor, o revolucionário - vozes que se fazem ouvir

This research work worries in building the history of the natalense priest Miguel Joaquim of Almeida Castro, Miguelinho, I don't just eat one of the heroes and martyrs of the Revolution From Pernambuco of 1817, as bill the traditional history, but also the educated man, the intellectual and the admired teacher. The studied period understands the beginning of the century XIX, when priest Miguelinho comes back to Brazil, coming of Portugal, to assume teacher's occupation in the Seminar of Olinda, and it ends in the year of 1817, marked by the Revolution From Pernambuco, one of the most important movements in the fight for the liberation of Brazil of the Portuguese domain. Miguelinho, one of the leaders of the Revolution, that also reached the provinces of Paraíba and of Rio Grande do Norte, it was executed by the real troops. Like this, he tries to understand the Priest's conflicting relationship, while representative clergyman, of a Church that almost obtained a religious monopoly, and your ideals per centuries more gone back to a social and economical order of Illumines, that even certain point condemned the attitude of the own Church. The objective, then, is to understand through the path of priest's Miguelinho life, not only the intellectual, the teacher and the revolutionary, but the representation of your political and pedagogic-educational ideas in a die historical moment and the creation of the republican myth, looking for the plurality of an universe that seeks, per times, to flee of our theoretical context

Mãe-esposa e professora: educadoras no final do século XIX

This text is organized through discussions undertaken in the area of the History of Education in Rio Grande do Norte, circumscribed to the History of Women from the first decades of the Brazilian Republic, and to the analysis of what was expected of this education. We examined representations of women in Natal, between 1889 and 1914, with the goal of configuring relations between the sexes with the emphasis on moral, intellectual and pedagogical aspects required of these women. As documental sources we utilized the educational, civil and criminal Legislation, on a National scope, as well as on a State and Municipal scope. We circumscribed our search to the newspaper A República, in which we found literature that circulated in Natal in the form of pamphlets, short stories and poetry, as well as other texts by authors that were part of the corpus of analysis of this study, located in public and private archives in Rio Grande do Norte, such as the Historical and Geographic Institute of Rio Grande do Norte (IHGRN) and the State Public Archive of Rio Grande do Norte (APE-RN). The use of the indexing method and the propositions of Cultural History were the appropriate theoretical-methodological framework to complete studies of this nature. This operational perspective permitted us to elaborate nuances about this time of transition from the 19th to the 20th Century, and to spotlight the fire of the women from this period. The basis of the argument that related women to maternity and domesticity, and within the ideals of abnegation and religious leadership, aligned to a demand coming from the increase in the quantity of schools for women, allocated women as the most appropriate for superior in educational performance in the country, based on its foundations: primary education. Beyond the universe of formal education, the other side of women appeared in republican politics. The mother-spouse and the institutionalization of domestic education associated the female gender with the role of educator at home as well. Be it in the public sphere, as a teacher, or in private, as mother-spouse, female care is perceived in this configuration, as an educational base that the Republic, and in transition, bequeathed to the Brazilian 20th Century

Em nome da república: escolas e tradições modernas

Our research aims to analyze some institutions of primary education in so-called First Republic in Natal/RN, when they were considered high standard institutions on training, dissemination and creation of national identity and republican traditions. Thus, we investigated to try to understand the creation of the new man and the invention of new traditions to confirm the status of republican modernity in two schools in Natal, the Colegio Americano, a private one, and a standard model of school, Augusto Severo, which is a public one. As a basis we have the history of institutions to analyze, paying close attention to consider the use of imitation in cultural patrimony as well as the use of strategies to distinguish. The concept of ownership follows, for present purposes, their focus of study on observation of diverse and contrasting use of these cultural objects, texts, readings and ideas from research institutions. For analysis of the link which occurs within the school environment, in every period of its history, we used the concept of school culture as a set of rules and practices which define knowledge to teach and conduct the introject. A culture that incorporates the school to keep a set with other religious cultures, political and popular of its time and space. In this sense, the educational institutions which we studied while showing what kind of in this work by preparing cultures, codes, different practices, and specific individuals they have, they were in important locations to provide modern cultural appropriation as a strategy for educational innovation and a factor of rationality and efficiency which could be observed and controlled, so gradually the modern school education was organized to produce its own society. As a challenge of affirmation and incorporating diverse social experiences to produce the modern, civilized man of the Republican time, the school, as part of the social life, which is singular in its practices, not only the set of reforms, decrees, laws and projects, but also as expressions of concept about life and society in terms of material, symbolic and cultural symbols in the social context in modernization. We focused on these two schools, because inside the wide cultural and material status of the city, they were the first republic schools which had the goal of having men and woman together culturally , with a view to adapting them to the modern movement to make them civilized / educated / rational . On this view, we would emphasize that this statement needs a reinvention as a new way through what is made at the schools which production of new spaces, practices, rites and what represents school, making and expressing a new identity, modern, different of the old symbols of the Empire. For this, nothing better than the organization of schooling, emphasizing on educating the individual and his/her responsibilities with the order and progress. We need to understand the past as a result of conflicts, including strengths and limitations within the historical and social context, and the invention of tradition as a process of formalization and ritualization of acts which want to perpetuate, as a reference to a group identity. These are practices and social educative representations which support the understanding of pedagogical and educational ideas at this historical moment, making a new way of being and doing in the Republican universe

Entre cristo e o diabo:o ideário do Colégio Americano Batista do Recife (1902-1942)

Due to lack of work on the history of Baptist schools in the Northeast region of Brazil, it is important to understand through a historical reconstruction of the Baptist Protestant education. We embarked on this venture as a chance to understand the presence of Protestant schools, and his ideas on Brazilian soil. Our goal is to promote a reflection which has the axial dimension of the Baptists Protestant education, in time, we will place the debate between 1902-1942. The temporal boundaries of 1902-1942 was because 1902 was when he started the American Baptist College of Recife in 1942 and that ends the cycle of managing directors of Americans. Understand the functionality of time a school is justified when we realize that the history of education is the story of a work of self and formation within a framework that has the school as the main support that can enable a reading of reality. We also intend to examine the school culture brought to Brazil by American missionaries and their applicability in the Brazilian cultural-historical context. And just to demonstrate the hypothesis that the educational contribution of Baptists added to the participation of other Protestants promoted advances in Brazilian society. Possibly taking for granted that the Baptists were in possession of the democratic ideals of religious freedom, taken by many representatives and religious version of the republican regime. In addition to promoting a model in Brazil to make different methodological schools, based on the ideals of new school and ethics of the Bible. Our proposed research aims at understanding how North American missionaries settled in Brazil and what were the purposes of adding to the efforts of evangelization to formal education, binomial that justified the establishment of schools. A vision of saving men for evangelization and education of the Devil attack victims over the ethics of Christ

Habitação e modernização: Cidade Nova e maneiras de viver em Natal no início do século XX

Analyses the presence of new standards of habitation detected in the construction of the region called Cidade Nova, in the first s years of the XX century. Associates the presence of these new patterns with the historical moment lived by the capital, marked by the urban modernization and by the changes of local life. Map voices that, introduced by the republican groups since 1889, pronounced the overcome of the old city of the XIX century asseverated a new model of town. Make use, as fundamental fonts of research, of the urban chronicles produced by the local intellectuals and the newspapers, like A República. Dialog with chronics that includes since propositions about the colonial past until the preoccupations about the acting of the State on how to order the public space. Identifies on those texts the political motivations and the elements whose where inherent to capitalism that accelerated the changes occurred in the urban space. Demonstrates the gradual occupation of Cidade Nova as an important modification happened in the city from that time on. That neighborhood adopted a new model on how to construct the houses of their citizens and helped to promote the urban life as a whole. From now on, Natal has a space meant for the home of their richest families. Recognizes, from many ways, many discourses, manners of living that was legitimized by the changing of the XIX to the XX century and has his highest point in the 1920´s. And it was representative of the strong attachment about the habits of refinery and order in the essence of the private life of the local urban elites

(Por) entre pedra e tela: a construção de uma memória republicana (Natal - 1906-1919)

This work, from a perspective that thinks the space as a historical category, and especially as a relationship which stresses the role of objects, proposes an analysis of the construction of a Republican memory in the city of Natal in the early twentieth century. This research will focus mainly on two objects: the obelisk opened in 1917, and the Andre de Albuquerque Square on the occasion of the celebration of Frei Miguelinho´s death centenary and the paint Julgamento de Frei Miguelinho ordered by the State Government to the painter Antonio Parreiras, picture that was in the Salão Nobre do Palácio do Poder Executivo of that time. In a geral way this work intend to analyse the construction of this memory as well as the role of these objects in this process. To achieve that, we propose to trace ways and networks to follow the possible associations(between people, events, images, discourses, objects, institutios etc.) in the constitution of mutual belongings. Thus, our procedure was to follow these objects through the pathways in which they became possible, so that in the end we could defend the idea that they are active participants of the process that establish them.

Por uma "cidade nova": apropriação e uso do solo urbano no terceiro bairro de Natal (1901-1929)

This research aimed to analyze the forms of ownership and use of urban land in Cidade Nova, third official neighborhood of Natal (Rio Grande do Norte), between 1901 and 1929. During this period, the city and state authorities began an urban renewal, trying to transform the city, represent it as a new, modernized, able to track the progress and the new political condition of the capital of a republican state. It is observed in Cidade Nova construction of a new material and symbolic territory: the area that was once occupied by huts built by refugees of drought and some summer houses, was, from 1901, transformed, scanned through a urban plan. In Natal various municipal resolutions published between 1901-1929, showed the desires of the group leader to build on Cidade Nova neighborhood a delightful, modernized its structures to reflect the new political condition of the capital of a republican state. The analyzes of the edicts of the materials published in the newspapers A Republica and Diário do Natal, and especially the study of letters of aforamento, demonstrated how many laws were not enforced or resignified, highlighting the existing continuities. Thus, throughout the paper aims to examine how this territory was occupied and used by its inhabitants, such as the granting of land in aforamento may exemplify this practice and noncompliance and how the land was used to consolidate relations of influence and power. After all, the values given to a space, turning it into territory, resulting from the social dimension of this space, in other words, the social categories that use it. Cannot be, therefore, analyze the ways of appropriation and use of urban land in the third neighborhood of Natal without studying individuals who appropriated and used this territory. The study of the allocation of extant aforamentos of land located in this neighborhood process demonstrated the formation of a specific type of market that were at stake not only economic exchanges, but also, and above all symbolic exchanges involving political and social capital. The analysis of such personnel developed market with the lands of Cidade Nova may indicate the existing relations of power between state government, Stewardship and tenants, providing a significant example of this modernization Natal early twentieth century process, guided by a more wealthy group and influential and characterized by limited social changes

Paulo Egídio e a sociologia criminal em São Paulo

Este artigo discute a trajetória intelectual e política de Paulo Egídio. Autor praticamente esquecido pelos trabalhos que reconstituem a história do pensamento social no Brasil, Paulo Egídio foi um importante divulgador da sociologia entre o final do século XIX e o início do século XX em São Paulo, tendo produzido uma obra pioneira sobre Durkheim e desenvolvido cursos livres da disciplina. O artigo busca também apresentar alguns aspectos de sua atividade política como senador nos primeiros momentos da República, quando teve destacada participação no debate sobre a criação de uma rede de instituições de controle social e, em particular, sobre a construção de uma nova penitenciária para o estado de São Paulo.

A prelude of a 'little army'? São Paulo police force in the early years of the Republic (1890-1895)

This article analyzes the creation and development of the São Paulo police force during the early years of the republican regime. In a period of political change and turbulence, institutional upheaval (uprising of the Navy and federalist revolution), and social pressure, São Paulo's police force played an important role. As the state sought to organize the public sphere, the police force became a tool in the new government's hands. A more martial set of demands mobilized a large portion of the troops on behalf of the federal government against the Custodio de Mello uprising, and sought to defend São Paulo's borders. Despite official discourse that fomented a militarized response, São Paulo's police force found itself unable to dismiss old personnel and practices and dislodge entrenched interests.

O esporte e suas implicações na saúde óssea de atletas adolescentes

A adolescência é um período fundamental para a aquisição da massa óssea. em adolescentes atletas, o pico de massa óssea pode apresentar maior incremento, em virtude do estresse mecânico imposto aos ossos pelo exercício físico praticado. O objetivo desta revisão foi investigar o papel do treinamento esportivo vigoroso e precoce sobre a saúde óssea de atletas adolescentes. Através da revisão da literatura científica, envolvendo adolescentes atletas de diferentes modalidades e de ambos os sexos, é possível inferir que a densidade mineral óssea é potencializada pelos exercícios, quando grupos de atletas são comparados com grupos de controle. Entretanto, muito se discute na literatura quanto à recomendação da intensidade adequada da prescrição de exercício físico para população adolescente, uma vez que, caso o treinamento se torne muito extenuante, os benefícios gerados pela atividade sobre a saúde dos ossos podem ser minimizados ou anulados. Embora muita controvérsia ainda envolva o tema, independente do tipo de esporte praticado, o aumento de intensidade do treinamento deve ser razoável e coerente com as metas, sendo enfatizado treinamento seguro e eficaz para cada uma das faixas de idade e momentos da maturação biológica, independente dos calendários competitivos.

Experiências de famílias na imunização de crianças brasileiras menores de dois anos

O objetivo foi descrever as experiências de famílias sobre imunização de crianças menores de dois anos. É estudo de natureza descritiva, com análise qualitativa dos dados, entrevistas não estruturadas com 22 sujeitos. Os resultados foram agrupados em: conhecimentos práticos sobre imunização, responsabilidade e obrigatoriedade na imunização e ampliação da prática de imunização. Foram destacados elementos que fortalecem a imunização: experiência e realização pessoal no papel de ser mãe, temor de adoecimento, reconhecimento como um bom cuidado, acesso, flexibilidade do horário, divulgação, cartão de vacinas, campanhas de vacinação e disponibilidade de vacinas, e elementos da não imunização: inexperiência dos pais, recusa de aplicações simultâneas de vacinas, assistência fragmentada, ausência de diálogo, discriminação, falsas contraindicações e obrigatoriedade. A imunização centrada no cumprimento do calendário vacinal, ou em situações autoritárias, está descolada do cuidado familiar. O vínculo com as famílias precisa ser fortalecido para ampliação da adesão às medidas de proteção e promoção da saúde da criança.

Population parameters in Brazilian Thoroughbred

The information in this study has been provided by the Brazilian Association of Racehorse Breeders [Associação do Brasileira dos Criadores do Cavalo de Corrida (ABCCC)]. It can be found in the files on the CD-ROM developed by the ABCCC in 1999. A total of 5008 finishing time records related to 2545 winning horses that ran in the classical calendar on Brazilian hippodromes during 25 years (197498) were analysed. There were a total of 9949 horses on the relationship matrix. The variance components were estimated using the multiple-trait derivate-free restricted maximum likelihood (MTDFREML) program, for an animal model. Generation intervals were higher in the maternal side (10.91 years) than in the paternal one (10.41 years). The estimates for genetic permanent environmental and phenotypic variances and heritability were 0.291, 0.161, 3.486 and 0.08, respectively. The phenotypic standard deviation for time in races was 1.86729 s. Genetic time trend on Thoroughbred races in Brazil was small and could be accelerated if selection considered the trait time effectively. With respect to the animal's country of birth, the results show that there has been an intense participation of foreign animals in breeding Brazilian Thoroughbreds.