O princípio da vedação ao retrocesso social e o papel dos poderes públicos na efetivação dos direitos fundamentais sociais

The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

As zonas de processamento de exportação como instrumento de desenvolvimento e redução das desigualdades regionais

The existence of inequalities among the Brazilian regions is an indeed fact along the country s history. Before this reality the constitutional legislator inserted into the Federal Constitution of 1988, as a purpose of the Federative Republic of Brazil, the reduction of regional inequalities. The development has also been included as a purpose from the State, because there is an straight relation with the reduction of regional inequalities. In both situations is searched the improvement of people s living conditions. . In pursuit of this achievement, the State must implement public policy, and, for this to happen, it needs the ingress of income inside of the public coffers and support of economic agents, therefore the importance of constitucionalization of the economic policy. The 1988 s Constitution adopted a rational capitalism regime consentaneous with current legal and social conceptions, that s why it enabled the State s intervention into economy to correct the so-called market failures or to make the established objectives fulfilled. About this last one, the intervention may happen by induction through the adoption of regulatory Standards of incentive or disincentive of economic activity. Among the possible inductive ways there are the tax assessments that aim to stimulate the economic agents behavior in view of finding that the development doesn t occur with the same intensity in all of the country s regions. Inside this context there are the Export Processing Zones (EPZs) which are special areas with different customs regime by the granting of benefits to the companies that are installed there. The EPZs have been used, by several countries, in order to develop certain regions, and economic indicators show that they promoted economic and social changes in the places where they are installed, especially because, by attracting companies, they provide job creation, industrialization and increased exports. In Brazil, they can contribute decisively to overcome major obstacles or decrease the attraction of economic agents and economic development of the country. In the case of an instrument known to be effective to achieve the goals established by the Constitution, it is duty of the Executive to push for the law that governs this customs regime is effectively applied. If the Executive doesn t fulfill this duty, incurs into unjustifiable omission, correction likely by the Judiciary, whose mission is to prevent acts or omissions contrary to constitutional order

Contribuição ao estudo da isonomia na tributação sob a perspectiva da ordem econômica

The study aims to investigate the limits of state intervention via induction on Economic Order, especially in cases regarding tax equality, through the analysis of their effects on economic development and on free competition from the perspective of economic efficiency and the Constitution. Thus, the work seeks to demonstrate that the achievement of equality in taxation is important in that it strengthens the economic relations in terms of efficiency, protects competition and fosters economic development to reduce regional and social inequalities and other constitutional desiderata. A dissertation is characterized by interdisciplinarity and was divided into two parts. The first is to discuss the legal meaning of equality from the doctrinal analysis of the principle and the relationship between equality and justice in the economic sense without rejecting its philosophical content. It is noteworthy that hermeneutics and the philosophy of language are useful tools for achieving equality in presenting the pragmatic methodologies applicable to the subject in terms of corrective justice. Based on these general assumptions, is going to study the tax equality and their characteristics, the corollary of the ability to pay and its relation to the economic capacity and the issue of progressivity in taxation as an ideal of distributive justice. The second part concerns the legal foundations of Economic Order and its relation to extrafiscality as a means of economic regulation in order to investigate the efficiency of this induction in order to promote economic development, free competition and tax equality itself to reduce inequalities and distributing wealth. Within this context, we investigated the scope of the constitutional principles of economic order, free enterprise and free competition, and favored differential treatment for small and medium enterprises, the issue of regional development for the reduction of regional and social inequalities, the problem the "fiscal war" and finally the efficiency from the perspective of Economic Analysis of Law

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

O emprego juvenil no limiar do século XXI :estudo a partir da RAIS e dos programas de inserção de jovens no mercado de trabalho de Natal/RN

This study received the title THE JUVENILE EMPLOYMENT IN THE THRESHOLD OF THE XXI CENTURY: study starting from RAIS and of the programs of youths' insert in the labor market of Natal/RN . It presents as main objective to investigate, starting from the officials data of the Ministério do trabalho e emprego - MTE and of the federal and state government programs, the evolution of the formal employment for youths and the difficulties that leads the success of the returned initiatives the youths' insert in the formal market of work in Brazil and in Rio Grande do Norte, in the period from 2000 to 2004. To accomplish the research, it prioritizes the study of the evolution of the formal employment starting from the data of the MTE as form of diagnosing the formal market of the juvenile work. Search a descriptive way to identify the first results of the programs Primeiro Emprego- PPE (federal) and Primeira Chance - PPC (state), to interpret and to identify the existent gaps among the proposal initial of those programs and the first results obtained in the city of Natal. The research has character no-probability and it applies closed questionnaires for youths assisted by the programs. Were interviewed the local representatives of PPE and PPC, besides representatives of the organized civil society all through open structured interview, covering a total of 103 interviews. The results demonstrated that while PPC (state) obtained success inserting youngs, the PPE (federal) just got to insert 1,5% of the amount subsidized by the state program in Natal. That situation demonstrates a clear preference of the companies for PPC (state), in detriment of the federal program

Podem os programas sociais e de transferência de renda influenciar a oferta de trabalho em atividades não agrícolas? uma análise para as famílias em condição de pobreza no meio rural do nordeste

This study aims to analyze the main effect of social programs and cash transfers on the labor supply of non-farm family members in poverty in rural areas of the Northeast. Among the specific objectives, we sought to investigate the effects of these programs and individual characteristics on the decision of participation and allocation of working hours of parents and children in non-agricultural activities. It was assumed, as a theoretical basis, the model of neoclassical labor supply as well as the principle that the decision of allocation of working hours, non-agricultural, is subject to the initial choice of the worker devote or not the non-agricultural employment . The hypothesis assumes that access to social programs and income transfer contributes to the dismay of rural workers, in poverty, in its decision to participate and offer hours of work in non-agricultural activities. To achieve this objective, we applied the models of Heckman (1979) and Double Hurdle, of Cragg (1971), consisting of associating the decision to participate in the labor market with the decision on the amount of hours allocated. The database used was the National Survey by Household Sampling (PNAD) of 2006. The results of the heads of households showed that transfers of income, although they may have some effect on labor supply rural nonfarm, the magnitude has to say that there may be some dependence on benefits. The estimates for the joint children of 10 to 15 years showed that the programs have negatively influenced participation in suggesting an increase in school participation, although for the allocation of working hours the results were not significant on the incidence of child labor

A evolução do emprego formal industrial nas cidades médias do estado do Ceará (Juazeiro do Norte, Crato e Sobral) no período de 1990 a 2010

The work consists in a discussion of the evolution of formal employment in the industrial cities of Ceará state averages from 1990 to 2010, since this period was marked by important changes. It is emphasized that in order to achieve this aim, the present study was based on a survey of relevant literature on the subject, as well as the use of the Annual Report of Social Information (RAIS), published by the Ministry of Labour and Employment (MTE) and the Brazilian Institute of Geography and Statistics (IBGE). The central question to be considered in this study is how we evolved formal employment industry in medium-sized cities (Juazeiro do Norte, Crato and Sobral) of Ceará? The assumption that guides this work is that given the economic policies of the 1990 and 2000 these policies encouraged the relocation, thus implying significant growth in the formal manufacturing employment in these cities. Regarding the results obtained in the survey, it was found that the industrial sector of these cities, showed considerable dynamism in what refers to the expansion of establishments. When observed in percentage terms medium-sized cities (345.5%) had the highest growth in number of establishments in the 1990s with rates higher than the Northeast region (285.9%) and Brazil (167.5%). The highlight was the city of Juazeiro, with the highest concentration of micro and small footwear companies in the state. Regarding the number of formal jobs created in medium-sized cities, it went from 6.596 in 1990 to 41.660 million formal jobs in 2010, with a growth rate of 532%. The sector contributed most to employment generation was the footwear. Although the levels of minimum wages, the 1990 recorded the lowest levels. In the 2000, there were real gains in levels of minimum wages in all cities, however, it may be noted that over the decades there has been significant momentum. However, this momentum was not enough to prevent the end of the study period CMs-Ceará present low wages

Terceirização versus agenda do trabalho decente : estudo de caso a partir do Banco do Brasil s.a. na Paraíba

This Dissertation examines outsourcing in Bank of Brazil SA, the state of Paraiba. The central research question is to what extent this flexibility of labor relations incorporates items claimed by ´recent´ Decent Work Agenda of the International Labour Organization (OIT) or, on the contrary, the ´epidemic´ of outsourcing makes it even more challenging the world of work in the third millennium. The research hypothesis is that the Bank of Brazil has a growing subcontracting / outsourcing of labor (companies and individuals) and that not only contributes to the deterioration of working conditions, but also opposes the Work Agenda decent. Aiming to prove or disprove the hypothesis, the study includes a survey and secondary field. The literature review focuses on the trend towards casualization of labor in capitalism, and yet, in an effort to systematize data and analysis on ´outsourcing´ from the viewpoint of different actors. This theoretical framework is anchored in important classical sources and present that address the topic in the world and in Brazil. The field research was conducted with the actors related to the theme of ´outsourcing´ the Bank of Brazil - Paraiba, precisely branch managers, permanent employees of the bank, union representatives (bank workers), union bank and outsourced. The results confirm, in part, the study hypothesis, by demonstrating that there are several meanings and forms of precariousness that the contractors surveyed are submitted, highlighting the issue of salaries, the work environment, union representation and health worker. All these themes, each for himself, are contemplated by the Decent Work Agenda of the ILO and show, according to field research, rather fragile

Inclusão e deficiência: em busca das representações sociais na mídia impressa em Natal/RN

This thesis is the result of an extensive research on print media discourse on the inclusion of disabled people in society. Articles published in the newspapers Diário de Natal/O Poti and Tribuna do Norte from 1992 to 2002 have been analyzed. Beginning with the very same questions that moved Moscovici (1978) in his classic study La Psychalyse son image et son public , according to which the media play a predominant role in the formation and propagation of social representations as well as in the construction of human behaviors, we have chosen this mass media as our investigation field. Understanding the importance of the communication theory, we intend to associate it to the social representation theory, since communication, as an aspiration, relates to the fundamentals of all humanity (WOLTON, 2004, p. 56). Moreover, means of communication represent an important space for symbolic production and representational process, allowing the analysis of the circulating discourses on social inclusion and disability. Based on these questions, we have determined social representations present in print media on the subject to be our study object. This objective was elected due to the fact that the thematic of disability and inclusion is scarcely and sporadically found in journalistic speech. The research questions have been: which is the representation of disabled people s condition in print media? What changes have occurred during the analyzed period and which was the role played by print media in this process? The research corpus was composed of newspaper articles about various aspects concerning disability and of free word association by reporters. We have analysed: 1) graphical language promoted by the picture of the substances propagated in the period from 1992 a 2002; 2) free word association experiments carried out with reporters of both newspapers; and 3) texts published from 1996 to 1997 using the high-tech program ALCESTE (Contextual Lexical Analysis of a Set of Segments of Texts). The results revealed that the print media in Natal/RN refer to the topic in a discontinuous way, and depend on specific events to highlight disabled people s fight for their rights. Social inclusion is still a great challenge for these people in all levels. We believe that this incapacity to overcome all kinds of obstacles is established in a dialectic relation between society and the media: society remains silent (the manifestation of interest for the cause only attracts some people s or groups attention) and the media, which selects which information is to be broadcasted, gives no evidence to the issue. This representation may be noticed in the infrequency in which articles about the subject are published, as well as in the emphasis to sports, a more important issue for the media. An implication of this study is that a new perspective is opened for analysis and reflection: the Paralympics games as both an inclusive and a segregating social phenomenon. It would be beautiful to have all of us together!

O sertão potiguar comunica: midiatização e práticas sociais. Ou como a recepção da pauta política se desdobra em práticas sociais em Pau dos Ferros

This dissertation is the result of the development of a two-year research entitled POTIGUAR ACROSS THE COMMUNICATION: MEDIATIZATION AND SOCIAL PRACTICES. Or as the reception of the political agenda unfolds in social practices of the Pau dos Ferros, showwing Pau dos Ferros as a provincial oestano of Rio Grande do Norte, now living a meaningful set of social transformations, which interact with practices media that have just mediatized new public policies in the area of Technical Education and Higher Education. Thus, with the introduction and expansion of state and federal public policy of democratization of Technical and Higher Education in the period 2002 to 2010, the phenomenon of migration of students from elementary and high school, before existing in the region has changed significantly in that Pau dos Ferros polo is made. The concentration of the media city in the hands of politicians, in their favor, and the emergence of new midiatizações are contributed to the formation of this (non-migration) and other social practices, reinventing and rearranging the schedule of the ideas and concepts about the educational practices. Our goal is to observe the relationship of interaction between media, politics and education and examine how young students are realizing this interaction. Under the prospects of receiving the light of Cultural Studies, strolling our research primarily on the technique of focus group data collection

Mídias sociais e práticas de participação política: um estudo de caso das eleições municipais 2012, em Natal

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Perpectivas da prática profissional do jornalista assessor de imprensa: o ethos, a identidade e as reflexões deontológicas no contexto da atuação simultânea em redações e assessorias de imprensa de Natal-RN

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Comunicar e interagir em novos espaços: o uso das mídias sociais no Sistema de Bibliotecas da UFRN

This study discusses about the practice of communication in libraries from the appropriation of the resources of web 2.0, particularly social media, establishing from the aspects of mediatization new communication scenarios in their environments. Aims at understanding how in the contemporary society, the libraries, that symbolize traditional space in the search for information and knowledge, modify their contexts through technological resources involved in your scenario, and specifically checks as the process of mediatization is inserted into the communication practices and interaction of libraries, noting the relevance of the ownership of social media, especially twitter and facebook, by the libraries of the Federal University of Rio Grande do Norte - UFRN. Use as methodological procedures, a theoretical approach concerning the conceptual research to investigate issues relating to social media, communication practice, mediatization and network society, and is characterized by being a descriptive exploratory research, of qualitative nature with adoption of the inductive method, using interviews and direct observation, analyzing reconfiguration scenario of university libraries located in UFRN. Thus, with the of the study, expected to be possible to give an overview of how to establish the use of social media in the scenario investigated by checking the new possibilities of communication, outreach services, information dissemination and interaction with user

O estágio não-obrigatório na formação profissional dos(as) assistentes sociais: trabalho precarizado ou processo didático-pedagógico?

Coexisten, en el universo académico, prácticas curriculares obligatorias y no obligatorias que pueden ser remuneradas o no. Delante de la constatación de lagunas en la concepción, gestión y operacionalización de las prácticas no obligatorias remuneradas, escogimos este tema como objeto de nuestra investigación, tratando de analizarlo en el contexto de los cambios sociohistóricos contemporaneos y su influencia en la cualidad de la formación profesional del estudiante de la carrera de Servicio Social. Este estudio tiene como ¨locu¨ de investigación la Facultad de Servicio Social del Estado de Rio Grande del Norte (FASSO/UERN). Este estudio se caracteriza por la adopción de una perspectiva de análisis cualitativa, con la expectativa de develarlo mucho más allá de lo que se muestra en su aparecncia. Para esto, realizamos revisión de literatura, análisis de documentos, observación asistemática y entrevistas con estudiantes y profesionales de las entidades que ofrecen prácticas a los estudiantes. Además se incluyó, en los procedimientos metodológicos, la aplicación de encuestas y conversaciones informales. Constatamos la existencia de lagunas en el desarrolllo de las prácticas no obligatorias remuneradas, ocasionadas por la ausencia de supervisión y por la inclusión de pasantes en sectores y/o actividades desvinculadas de su futura profesión. La investigación nos permitió desvelar situaciones en las que la oferta de plazas ocurre en detrimento de la contratación de empleados, lo que configura un distanciamento de este componente curricular del área de formación profesional, desvirtuando su carácter educacional. Cientes de la coexistencia contradictoria entre situaciones ventajosas y problemáticas en las prácticas no obligatorias remuneradas para el proceso de formación profesional de los asistentes sociales, concluimos que esta modalidad de práctica cuando vinculada a la intervención de la facultad y bajo la supervisión de asistentes sociales, independiente de sus implicaciones en los intereses del mercado, potencializa el desarrollo de competencias y habilidades intrínsecas al proceso de formación profesional; pero si distanciada del área de formación y/o sin el debido acompañamiento didáctico-pedagógico establece poca o ninguna relación con la formación de los asistentes sociales. Pero, incluso distanciadas del ejercicio y de la formación académica en el área de servicio social y/o (llenas de aspectos frágiles) llenas de fallas en el proceso de enseñanza y aprendisaje, estas experiencias ejercen profunda influencia en la formación de los asistentes sociales, pudiendo fragilizar el compromiso con el proyecto ético-político, diseminar el aspecto subalterno de la profesión y hacer confuso y conflictivo el proceso de construcción de la identidad profesional. En este sentido, las inversiones de capital para reducir los gastos con mano de obra, las dificultades vividas por las universidades públicas brasileñas para garantizar la cualidad de la enseñanza delante de la insuficiencia de recursos humanos y materiales y la desvalorización de los componentes no obligatorios del proceso de formación profesional de los asistentes sociales, son factores que obstaculizan el reconocimiento y la materialización del potencial didáctico-pedagógico de las prácticas

O trabalho profissional dos(as) assistentes sociais no INSS pós as contra-reformas da Previdência Social

The present research study the work professional of the Social worker in the National Institute of Social Security of Rio Grande do Norte s State, especially about the working terms, the demands and working process of Social worker in consequence of the limits established with disorganization of his institutional space derived of the Counter-Reforms of the State and of Social Security. In decade of 1990 there was in Brazil adhesion to the neoliberal politics what configured a new organization of work and a new performance of the State. Inside this context, it was accomplished the Counter-Reforms with emphasis in the privatizations, reform of the Social Security and of the device of the Brazilian State, among other actions. Particularly, in Social Service reforms brought profound consequences for the Social workers of INSS, among it: reduction of professionals and in his institutional space. This study situates the Social Worker of Social Security in front of the contemporary modifications in the world of work as well as in front of the consequences come upon of the Counter-Reforms implemented and executed by the neoliberal governments in the country of way the of frame and to enter to the globalized world and the new order of the capital. From the qualitative research based in the critical and dialectic theoreticianmethodological perspective that study the phenomena from your relations, mediations and contradictions, was possible unveil the limits and the possibilities of the professional work of the Social worker in INSS placed the Counter-Reforms of Social Security. Synthetically, the results of this investigation indicate that, there is an worsening in the inconsistency of the work with relation to social worker's functional situation and his working terms in the institution