O serviço público de fornecimento de água nas regiões metropolitanas: cooperação entre entes da federação e desenvolvimento

This work aims to study the material conflict of jurisdiction as to the ownership of public water supply, between the municipalities and the Member States, in metropolitan areas. One of the important points of analysis is the realization of the fundamental right of access to water, a right that is implicit in the Constitution of 1988, being prevented from having their achievement considering the lack of definition of the ownership of the service. Knowing discussed the essential public service, in all its stages, it will realize it is a complex activity that depends for its operation, joint activities of federal entities and the society. In its pursuit of development (understood as better conditions of life), that in view of the Federal Law nº 11.445 of 2007 is the universal access to service, require the adoption of popular participation and the positive benefits of the state, such as planning. Moreover, it will find cooperation between federal entities (after the study of Brazilian federalism) peaceful solution to the conflict through the adoption of joint management or shared, depending on the factual situation and legal

A constitucionalização da solução pacífica de conflitos na ordem jurídica de 1988

In the Brazilian legal context, conflict resolution is studied and analyzed over a majority jurisdictional view, which is one of the reasons of litigation culture that creates a jurisdictional resolution hopeness. The practical impact of such reality is the loss of quality in the public service of the judicial function, moved, as a rule, by the overcrowdings, slowness of legal procedures and the relegation of peaceful resolution methods to peripheral plan. However, the Federal Constitution of 1988, following the Ordinary Law constitutionalization phenomenon provides specific guidance about the values towards the litigation resolution. The study, therefore, aims to approach the constitutionalization of conflict resolution in order to identify, through scientific and spiritual interpretation in conjunction with the systematic paradigm, what are these values, as well as operation and legal representation and practice of these measurements. In this sense, the thesis is to study the initial point of the analysis of conflict theories and explanations about the culture of litigation matched with concepts of creation and interpretation, constitutionalization, access to justice and social pacification public policies. It is used for this purpose, the logical-deductive method with the aid of the dialectic immanent in Law

O licenciamento ambiental pelos municípios: uma análise sobre o federalismo cooperativo adotado pela Constituição Federal

In complex federal systems as that found in Brazil, which provides simultaneous attributions to of the Union, States and Cities in many aspects, the definition of performance limits of each of these entities, in procedural or material aspect, generates many (positive and/or negative) competence conflicts, bringing insecurity to general administered. Environmental licensing is one of the most important instruments of environmental management, seeking the realization of the fundamental right to an ecologically balanced and sustainable development. Despite its importance, the environmental licensing has not been more effective due the conflict related to the authority to regulate regardind environmental law. This essay will analyze the structure of competence distribution for conducting the environmental licensing processes, the conflict between laws, the performance of the municipal environmental agencies, the cooperation between the licensing agencies and the future about the additional regulatory law of article 23 of Federal Constitution

Mediação como instrumento de desjudicialização das questões familiares: constitucionalização do Direito de Família

The Liberal Constitutionalism emerged from the late eighteenth century, a period of major revolutions (French and American), fruit of the struggle for libertarian rights. Although the time of the first written constitutions, these were linked to mere political letters, did not provide for fundamental human rights, as it is, so only on the state organization, structure of powers, division of powers of the state and some relations between state and individuals. There was a clear division between the civil codes and constitutions, those governing private relations and acted as barriers to non-state intervention. After the Second World War, the constitutions are no longer Letters political order to establish how the human person, in order to enshrine the fundamental rights, the primacy of constitutional principles and take their normative function against ordinary legislator. Constitutional evolution gave the name of contemporary constitutionalism, based on repersonalization or despatrimonialização of Private Law, ceasing the separation of legislative civil codes and constitutions, in favor of the protection of fundamental rights of the human person. And this tendency to the Brazilian Federal Constitution of 1988 brought higher ground the dignity of the human person, the epicenter axiological legal to govern private relations, including family law. The constitutionalization of family law motivates the adoption of desjudicialização family issues, so as to respect the direio intimacy, privacy, private autonomy and access to justice. Conflictual family relationships require special treatment, given the diversity and dynamism of their new compositions. The break in the family relationship is guided in varied feelings among its members in order to hinder an end harmonic. Thus, the judiciary, through performances impositive, not to honor the power of decision of the parties, as also on the structural problems faced to operate on these cases, the environment is not the most appropriate to offer answers to the end of family quarrels. Situation that causes future demands on the dissatisfaction of the parties with the result. Before the development of the Family Law comes the need to adopt legal institutions, which monitor the socio-cultural, and that promote an effective assistance to people involved in this kind of conflict. In obedience to the private autonomy, before manifestations of volunteers involved in family mediation, among autocompositivos instruments of conflict resolution, is indicated as the most shaped the treatment of family quarrels. Remaining, then the state a minimal intervention to prevent excessive intrusion into private life and personal privacy

Justiça restaurativa no sistema penal e processual penal como forma de concretização do estado democrático constitucional

Diante do atual modelo penal e processual penal não atender aos reclamos das partes interessadas, gerando um descrédito na Justiça de um modo geral, surge a Justiça Restaurativa como uma alternativa para solucionar tais problemas e como elemento de concretização do Estado Democrático Constitucional. A Constituição Federal de 1988 representa o símbolo maior do processo de democratização e de constitucionalização nacional. O Princípio da Dignidade da Pessoa contida no texto constitucional consiste num dos principais fundamentos da República Federativa do Brasil, funcionando como respaldo aos direitos e garantias fundamentais do cidadão, sobretudo na seara criminal. A partir do processo de constitucionalização nacional, ocorre uma releitura das legislações infra-constitucionais, que passam a ser interpretadas de acordo com o texto constitucional. Atualmente, a conjuntura jurídico-penal pátria está associada à ideia de garantismo, ligada ao conceito de Estado Democrático Constitucional. Apresenta-se a Justiça Restaurativa como um novo modelo de Justiça Penal, mais flexível e humanizado, visando além da aplicação da pena imposta pelo Estado, superar uma situação de conflito, na busca por resultados positivos no combate e redução da criminalidade, a satisfação da vítima e a mudança da cultura de violência, compatível com as diretrizes do Estado Democrático Constitucional. A partir da análise do direito internacional e de projetos e legislações nacionais envolvendo a Justiça Restaurativa, percebe-se a eficácia das medidas restaurativas na solução de conflitos dentro do Processo Penal, além da satisfação da vítima, do infrator e de familiares na participação dos encontros restaurativos, constituindo ferramenta de satisfação da dignidade humana, dentro de uma perspectiva humanista e garantista

Degradação ambiental da bacia hidrográfica do rio Uberaba: uma abordagem metodológica

O presente estudo trata da avaliação da degradação ambiental da bacia do Rio Uberaba, situada no triângulo mineiro, com área de 241.904,30 ha, abrangendo os municípios de Uberaba, Veríssimo, Conceição das Alagoas e pequena porção de Planura. Neste estudo, foi produzido o mapa de degradação ambiental contendo quatro níveis: baixo, moderado, acentuado e severo. Os parâmetros utilizados nesta avaliação foram: vegetação, topografia, solo/geologia, potencial natural de erosão, mecanização, área agrícola, densidade populacional, pecuarização e área de conflito, aos quais foram atribuídos pesos. Para o nível de degradação “baixo”, foram definidos valores ≤ 13 pontos. Para o nível “moderado”, valores situados no intervalo de 14 a 16. Entre 17 e 19 pontos para o nível “acentuado”, e o nível “severo” com valores ≥ 20 pontos. Este estudo consolida as consequências do uso inadequado das terras, não respeitando a sua aptidão natural. As áreas com nível moderado de degradação representam 47%, áreas de nível acentuado (48%), e severo (4%) representam 52%, o que revela indício muito forte no avanço da destruição dos recursos naturais. As áreas classificadas com nível baixo representam apenas 1%, bastante inexpressiva, destacando o descaso na preservação dos recursos naturais.

Políticas públicas para agricultura familiar: uma avaliação sobre a correspondência do paa e do PRONAF nos territórios da cidadania do Rio Grande do Norte - 2008 a 2010.

Family farming has been considered as the new axis of rural development in the country, the focus of several public policies, especially the National Program for Strengthening Family Agriculture - PRONAF and Food Purchase Program - PAA. PRONAF was created with the aim of providing credit to farmers, while the PAA to support family farmers through the purchase of its production. In this context, the objective of this study is to analyze the correspondence of these two public policies for family farming, in the Territories of Citizenship of the state of Rio Grande do Norte, between the years 2008 to 2010. In the methodology, the analysis was performed by comparing the distributions of the two programs in the territories of citizenship status. There were also statistical tests of differences in proportions, and Spearman correlations, and estimated a logit regression model, in order to measure the probability of a farmer participating in the PAA is associated with one of the modes of PRONAF. The data used were obtained from the National and Supply - CONAB at the Institute of Technical Assistance and Rural Extension - EMATER, and the Ministry of Agrarian Development - MDA. Among the key findings was noted that policies were associated with a direct, but low in the districts of the Territories of Citizenship. And that, in the years 2008 and 2009, only in the territories of Mato Grande, Alto Oeste and Seridó, the actions of PAA and PRONAF had direct and significant correlations. It was found that in most of the territories, policies are performed randomly, ie that both have no correlation to each other. The estimates of the logit model showed that the chance of a family farmer, the PAA participant, receive credits PRONAF A, is higher in the territory of Mato Grande, and would have a chance to fall in PRONAF B in all areas surveyed. Moreover, farmers in the territories of the Assu-Mossoró, Sertão of Apodi, Seridó and Alto Oeste, participating in the PAA would be more likely to receive credits PRONAF C, reflecting thus the family farm more consolidated these territories

Universidade e educação ambiental

The society consists of the inter-relations between diverse symbolic fields of performance, where some agents if identify for values, habits and goals. The present thesis analyzed, taking for base the Theory of the Social Field of Pierre Bourdieu, the ambient field and the university, leaving of the principle that the university is one of the propitious places for the quarrel, study, knowledge elaboration, and that the ambient education is one of the ways of dissemination of knowledge and action in favor of the ambient question. It was looked to contextualize and to identify the main factors that configure the university while a social field, and to evidence the conflict and connector links with the ambientalism. It is perceived university as space of tensions, whose produced capital stock in the academic scope must be enough convincing in the direction of the social transformation, of the expansion of conscience, the critical matureness, and thus to appear as agent of social transformation. The joint between the diverse social fields, promoted for the university, will be able to contribute for knowledge formularization that can consist base for elaboration of politics and programs to answer to the problems of the society contemporary. It has the inter-relationship between the two fields, however, this relation still is fragile, needing that a continuity practical social that they make possible that the ambient question is part of the culture of the university. This will be able to give with the intensification of the actions and the inclusion of the ambient questions in the communication mechanisms and administrative management. To surpass discontinuities caused for changes of groups leading and for interests politician conjunctural are necessary that they create habitus, what passes for the institutionalization of practical and the constitution of a culture that the agents allow if to reorganize defending the interests of social transformation front to the economic interests, as much in the university how much in the ambient field

Literatura e educação :ação argumentativa na discussão de histórias

The focus of this thesis is the discussion of stories from the fairy tales genre in reading classes of Children´s Literature. Its main purpose is to investigate the argumentative action in the mediation pedagogic process.The evidence from this study is that the argumentative action is a fundamental component of teacher´s mediation as far as story discussion is concerned. The concept of mediation in this thesis comes from principles of interacionist Psychology articulated with THE theory of argumentation. It is understood that argumentative action is a process that objectives to obtain and to intensify the interlocuter´s adhesion through speech. The analysis of the story discussion activity is based on Psycholinguistic, particularly on the study of prevision ability; on the Theory of reception with special reference to the theory of the aesthetic effect, which considers the reader´s reactions and reader´s replies to the text; and on sociocognitive conflict study highlighting conflicts modalities brought up by the discussion of texts. The corpus analysed is composed by discussion episodes of stories from reading classes of Children´s Literature realized through participative observation.The subjects were children aged five-six years old from a public pre-school located in Natal-RN, Brazil. The study highlights mediation acts of argumentative nature such as direct question; illustrations from the book; rereading that were used by the teacher-researcher in story discussion. Among its conclusions it is revealed that argumentative action in stories discussion favors and intensifies the agreement of children´s to the activity. It increases the interaction between text and reader; it favours children´s organization and explicitation of their thoughts. The analysed material shows children´s exposing their ability to argue when having adequade scaffolding by an argumentative mediator the teacher

O(s) saber(es) e o(s) fazer(es) do professor formador :reflexões sobre a prática docente

This study, developed in conjunction to the Pedagogical Practice research line and the Curriculum of Post-graduation in Education Program of UFRN is about investigations on formation of professors and teaching knowledge. Its objective is to analyze fundamental concepts for lecturing and the relationship that establishes between those concepts and the practice of forming professors. We adopted as referential the principles of social-historical approach, in the context of concepts making and development (Vygotsky, Luria and Rubinstein), and of collaborative theoric-methodological approach (Jacullo-Noto, Kemmis and Ibiapina). Collaboration with professors was mediated by diary writing, collaborative observation and conceptual network creation, essential to perceiving the given meanings to concepts that sustain the practice of 06 (six) forming professors from the UFPI Pedagogy Course. Teresina Campus. This way, reflections with collaborator professors allowed to build conceptual networks, in which prominence was given to the meanings of concepts that gave sustaining to their lecturing practices in the referred course, showing a fragmentation and disarticulation between theory and forming practice. They also indicate a need to give new concepts to the meanings of teaching concepts, learning and lecturing of these professors, in a meaning of a greater understanding about those concepts for their effective practice. On the context of collaborative reflection about conceptual networks, it was evident the conflict generated between the meanings attributed by professors and the practice developed in class, pointing to the need of rethinking the articulation between theory and practice not only on the formative process developed, but also on the continual formation of forming professors and on the construction of discussing spaces and materialization of the curricular principles of the Pedagogy Course

Uma viagem aos saberes das formadoras de professores da Educação Infantil

This study aims to contribute with the professional development of the Trainers of childhood education teachers of the City Department of Education of Natal/RN, through a formation in context, trying to understand the teaching knowledge required in the practice of these professionals. The focus of the research is in teaching knowledge understood as the ideas, beliefs, conceptions, reasons, arguments, speeches that the trainers builds during his life (ALTET, 2001; PIMENTA, 2002; TARDIF, 2001; 2002). The study inserts itself in the qualitative approach of the educational research and the chosen methodology has characteristics of an inquiryaction. In the process, the following instruments had been used: questionnaires, press conferences, personal documents. The relevance of the present research is in achieving reflections concerning the role of the trainers of teachers, who needs to be seen as a mediator in the formation of teachers, in view of the fact that he interferes and is determinative in such a way in the formative process as in its results. The findings demonstrate that: a) the identity of the trainer is in a development process, what it is resembled to the effective situation of that, symbolically, the trainer exists, however, his attributions still are not enough clear; b) the teaching knowledge of the formation in the childhood education are related, among others points, primordially, to the function / role of the childhood education, child and teacher s point of view of this stage of the basic education; c) the Trainers teaching knowledge, concerning the teaching performance, ratifies the multiplicity of knowledge that the trainer must has, beyond the necessary complementarities and conciliation between the administrative and pedagogical aspects in the exercise of the function; d) the Trainers have knowledge that are according to the speech, consisting as declarative knowledge; e) there is a conflict between the teaching knowledge of the Trainers and the actions that are part of real life, generating contradictions between the formative saying and making

A banalização da injustiça social no cotidiano de trabalho : a propósito da violência no trabalho e ameaça à saúde do trabalhador

Analyzes the factors that unleash violence by banalization of the problems and health questions of workers in a federal public institution, in Natal/RN. It analyzes transformations in the world of the work, with its politic, social and economic determinatives and its relation to the worker health. Boarding the violence in the work enviroment and its implications to the worker health, focusing on the banalization of problems faced by the workers as a kind of violence in and with the work. It was chosen an analitic methodology with qualitative approach, through the collection tecnic and information analyzes according to the thematic oral history, with recorders of authorized personal narratives, through individual interview with a semi-structured guide. In the analyzis of results it were made empiric cathegories: the daily work enviroment and its influence to the worker profession and life; the violence presents in the work enviroment and its consequences to the worker life and health; the banalization of the social injustice, due to violence against the worker that broked their dreams concerned to the nursing contribution. The results revealed the ordinary work of these workers showing enviromental and organizational unhealthy conditions, caracterized by physical and tecnical insecurity; absence and disqualification of instrumental and human supplies; overload and complexity service; bad distribution of the duties and pressure to the deadline and productivity, producing tension, conflict and anxiety related to the users, colleagues, superiors and to the duties. In the work enviroment, it were identified a external violence, caracterized by physical and verbal aggresion, psychic suffering, worker depreciation; and internal, caracterized by: moral and psychological molestations and accupational structural violence. These kinds of violence bring consequences to the life, that is, professional, economic and moral order of factors and to the health by biological, mental and emocional factors. The banalization of social injustice during the daily work was discussed in the aspects of banalization of problems and work conditions, the health, qualification banalizations and professional valorization. The workers expectatives pointed out to the necessity of: secure conditions of work; trainning and tecnical assistance; politics of attention to the physical, mental and social health to the workers and their family. We conclude the enviromental and organizational conditions of the workers interviewed do not offer physical and tecnical security that they need to the execution of their activities, neither offer comfort or physical and psychological satisfactions. The politic the instituition has used points out to the depreciation and inhumanization of them producing feelings as unsatisfaction, frustation and indignation related to the institution and the work, bringing suffering and physical and mental sicking. We noticed the most terrible violence found in the work enviroment is the banalization of social injustice related do the problems and health of these workers, producing a slowly debility and simbolic death of their lifes. Therefore, it is necessary the implementation of a politic that promotes assurance, health and integral education, valorization and humanization of these workers

Analysis of land use and occupancy in permanent preservation areas according to the hydrography of Ribeirão Água Fria - Bofete, SP - Brazil

Os conflitos de uso são determinados pelas ocupações inadequadas do solo, como é o caso de ocupação do solo dentro de áreas de preservação permanente. O presente trabalho teve como objetivos determinar as classes de uso do solo e se há conflitos dentro de áreas de preservação permanente ao longo da rede de drenagem da microbacia do Ribeirão Água Fria, município de Bofete (SP). Situa-se geograficamente entre as coordenadas: 48°09'30 a 48°18'30 de longitude WGr., 22°58'30 a 23°04'30 de latitude sul com uma área de 15.242,84 ha. O mapa de uso do solo foi elaborado por meio da interpretação diretamente na tela do computador de imagem digital de satélite. Nos dados orbitais, a área de estudo está inserida no quadrante A, da imagem TM/Landsat-5, órbita 220, ponto 76, passagem de 8/09/2007. O Sistema de Informação Geográfica empregado foi o Cartalinx. As áreas de conflito da microbacia foram obtidas a partir do cruzamento entre os mapas de uso do solo e de APPs. Os resultados permitiram concluir que mais da metade da área (51,09%) está ocupada por pastagens, reflexo de solos arenosos e de baixa fertilidade. Constatou-se, ainda, que apesar de quase metade da microbacia estar coberta com algum tipo de vegetação (48,78% de mata natural/reflorestamento), possui aproximadamente um terço das áreas de preservação permanente utilizadas inadequadamente por pastagens (88,15%), reflorestamento (10,42%) e solo exposto (1,43%), totalizando 343,07 ha de áreas conflitantes em um total de 993,26 ha de APPs.

Equilíbrio líquido-líquido para o sistema biodiesel de óleo de semente de melão (Cucumis melo l.) + metanol + glicerina

Rio Grande do Norte, northeast state from Brazil, it is the greatest producer and exporter of yellow melon, well known as Spanish melon. Despite the consumption of this fruit to be mainly its pulp, melon seeds are an important source of lipids considered an industrial residue it has been discharge product. The use of oilseeds in order to produce biodiesel establishes an important raw material and the increase of its production promotes the national development of the agriculture. In this background, the aim of this work has been to use oil from seeds of yellow melon to produce biodiesel and to accomplish a study of the phase equilibrium of the system evolving biodiesel, methanol and glycerin. The biodiesel was obtained by oil transesterification through methylic route with molar ratio 1:9.7 (oil:alcohol) and with a mass of NaOH of 0.5% from the oil mass; the reaction time was 73 minutes at 55 °C. A yield of 84.94% in biodiesel was achieved. The equilibria data present a well-characterized behavior with a great region of two phases. The tie lines indicate that methanol has a best solubility in the phase that is rich in glycerin. Consistency of the experimental data was made based on Othmer-Tobias and Hand correlations which values above 0.99 were found to correlation coefficients, this fact confers a good thermodynamic consistency to the experimental data. NRTL and UNIQUAC models were employed to predict liquid-liquid equilibrium of this system. It was observed a better concordance of the results when NRTL was applied (standard deviation 1.25%) although the UNIQUAC model has presented a quite satisfactory result either (standard deviation 2.70%). The NRTL and UNIQUAC models were also used to evaluate the effect of temperature in the range of 328 K to 358 K, in which a little change in solubility with respect to the data obtained at 298 K was observed, thus being considered negligible the effect of temperature

Economia verde: a reiteração de ideias à espera de ações

A Iniciativa Economia Verde, numa perspectiva de análise teórica, é uma reiteração de velhas ideias; não é propriamente um novo conceito, mas sim a proposta de um conjunto de instrumentos para o alcance do desenvolvimento sustentável. Uma novidade importante dessa inciativa é a defesa do ativismo de políticas de indução às mudanças tecnológicas ambientais, o que revela sua aproximação com a economia evolucionária. No plano da economia política internacional, o potencial de conflito Norte-Sul sobre a Iniciativa Economia Verde se vincula aos impasses registrados nas negociações sobre liberalização do comércio de bens e serviços ambientais na Rodada Doha da OMC.