A construção de um estilo de vida: família e relações de gênero na participação do projeto ético-político renovado

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Do controle de constitucionalidade dos atos jurisdicionais transitados em julgado

The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule

A prioridade absoluta na Constituição Federal de 1988: cognição do art. 227 como princípio-garantia dos direitos fundamentais da criança e do adolescente

The study undertakes the analysis of the constitutional warranty principle of the Absolute Priority of the children and adolescents fundamental rights concerning to the sense, reach, content, addressees and effectiveness. Then, we begin with the study of the Constitution, text where is inserted the principle on examination, opportunity on which it verifies the concept and conceptions of the Constitution, theories, functions, it normative power and the constitutional feeling. Soon after, the fundamental rights theory is analyzed, focusing your origin, importance, functions, protection, restrictions, duties, characteristics and effectiveness. Then, it is led in general to the place of the principles, moment that leans to their concept, evolution, functions, classification and characteristics. Finally, it is appreciated the principle of the Absolute Priority approaching to the meaning and reach, the normative force and importance, historical precedents, materialize rules, addressees and its normative power and enforcement

Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

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

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

Reelaborando conceitos e ressignificando a prática na educação infantil

In this research we described the path of thirty one teachers involved with elementary school, amog which we included ourselves, looking for professional formation that allowed us to understand the function of educating childen. In this sense, this group of teachers begins a process of intentional, systematic and voluntary reflection, in an attempt to give new meanings to daily concepts of life and work, and linking them to their socialpractices. Having as reference the theoretical and methodological principles of socio-historical approach and collaborative research, the Group of Studies: The Dialogue Reflection as Re-meaning of Pedagogical Practice: a continuous education proposal, motivated by the willing and the necessity of re- elaborate knowledge about collaboration, reflection, infant education, playing and development which meets the new and goes the inverse way revisiting concepts and conception already consolidated, confronting and re-meaning them enlightened by one s own effort and the collaboration of pairs, mediated by Cycles of Reflexive Studies and Inter/intrapersonal Sessions. We can affirm that these tools helped the process of reflexivity put into practice by participants, which most important consequence was the theoretical re-meaning and practice in the ambit of infant education. During this investigation, we could see some theoretical and practice presuppositions which permitted to attribute to the exercise of reflexivity in collaboration the means into which the involved people could rescue the actions taken, justified their choices, confronted their theoretical options with their peers and with the systematized knowledge would question their certainties and rebuild in intra-psychological level, the knowledge elaborated socially. To this group which main activity is the docent profession, the personal and professional development constitutes the objective in which actions were articulated and operations which made learning possible as well as professional development

Histórias do corpo negado: uma reflexão educacional sobre gênero e violência feminina

This research has been implanted on thematic area education, politic and culture, based on line research and cultures practices aducatives histories approaches and literaries. on this situations, be involved around the kind of relations investigating about history cultural perspective, the thematic: woman, violence, body and education in women s daily victims of fisic, sexual and psychological violence. The research period happens end of 20th century beginning of 21th, specially between the 1999 until 2002. The survey shows influence of sexually device above body to reveal the root of violence in kinds of relations, be present in lifehistory of women aggressors the prisoners women and the women who permits aggressions the victims who accuse in the police station of woman. to preserv her privacy, i have been utilized in my register book pseudonym by flowers, to everyone. i have been defended my theory by familyrelations, be constitued in micro powerspaces and learn about sex, under the influence of violence in kinds of relations, creating negative bodywoman. shows bodyconceptions and sexuality by light thinking of the French philosopher Mr. Foucault Michel, in his opinion sexuality is a mechanisms by power, it is present on circular form at the society from all the institutions. I have been run over of Erich Fromm s lover theory. Those are fontain of newspapers, Police Protests, the prisoners women statement and the women who permits aggressions that them accuse aggressors of hers. I also utilize as fontain the Brazilian Penal Coole. At last I have decide about the flowers-women´s history, they have discourse who divulge the really importance of body as privileged by wisdom and truths, it was translated by own subjectivity, learned educations relacions, repetead in family breast and be responsible of the actions at signature in the presence of society. These relacions, were twice think and was problematic, their will be bring seeds of social transformations

O computador no ensino de lígnua inglesa no CEFET/RN

The present study has as goal to analyze the aplicability of the computational technology as mediator in the english-speaking teaching in the Centro Federal de Educação Tecnológica do Rio Grande do Norte-CEFET/RN. The object of study was centered in the use of the computer incorporated in the teaching of English by four institution groups. The research was ruled metodologically in the study of case, adopting a qualitative and quantitative boarding of interpretative-reflexive mark. We support ourselves on a bibliographical literature revision that cares of the use of the computational technology matter into the class-room, aiming an education new practice, regarding the current reality conceptions in what we live in the technological education. We also use a referencial for a pedagogical action, trying to offer subsidies for a practice that provides the knowledges generation through the interaction, aiming a subject reflexive and critical education. For materialization of this study, we used esrutuctured action, as interviews for the teachers and students, besides the observations of the dayly in class-room, in order to get the necessary datas for analysis. During this study, we oserved that the use of the computer, while pedagogical support instrument in the english-speaking teaching, has acted like mediator of the teaching-learning process. The results demonstrate use of the computer use has been each more a practice adopted by other institution languages teachers. The conclusions confirm the hypothesis showed at the beginning of the work and evidence that the teachers are warden of forming thinking, reflexive and critical subjects. For that, they need to be prepared to face situations in which they can take the pedagogical practice to tune with the technological advances, consequently providing an effective technological education

O discurso formativo do Biólogo sobre a morte: matizes e metáforas do saber que o sujeito não deseja saber

This study - Biologist s formative speech about death. Nuances and metaphors from knowing that the subject of do not want to know - shows a marginal cognitive construction in scientific education from biologist - death. It considered as obvious that death is a theme that covers both the scientific education from biologist and the division of the subject, and concerns the splitting of the double life-death and the principles of inclusion and exclusion of the subject. Part of sensitive question: What is the epistemological weave who supports biologist's speech about death? It is constituted an object of study of the biologist s speech on death. It is advocated the thesis that: Death is an epistemological obstacle announcing for something always aims to escape from the perspective of knowledge, especially of scientific knowledge because, since it is understood as cognitive learning about the disruption of biological phenomenon life which is involved on weave of imaginary and symbolic constructions about the finiteness of life; it has constituted a metaphorical knowing - encouraged by the noisy silence - which does not allow to know in full, mobilizing hence subject in searching for transitional truths that reduce the ontological being-mortal anguish centered in subjective dimension involved in the act of knowing. From this movement of search that the object mental life after death wins a symbolic value that requires a real-looking multi-referential for the study of biology - life - and its implications: the finiteness of life, especially by moving the omnipotence of scientific objectivity expressed by signs and symbols that seek say the completeness of scientific knowledge-, signaling thus the existence of the dynamics of incompleteness implicit in subjectivity that supports knowledge relating to the double, life and death, and to the temporality of the existence of Homo sapiens sapiens, with the axis guiding the desire of the subject, do not want to know about death, implicit in the mechanisms objective-subjective founded by non-said of death is the epistemology of the existence of objective-subjective subject, whose core is the negation of death. The theoretical methodological knowing web is anchored in the multi-reference which favors a transit by theoretical current, as the Psychoanalysis, bachelardian philosophy, the epistemology of complexity, the Thanatology, the Social Psychology, and Etnocenology, and Understanding Interview. The unveiling of the study object from the analysis of oral speech of eleven biologists who serve in high school, from three main guiding: Death in the history of life,Death in biologist s academic education and, Conceptions about concepts

Alfabetizar crianças na escola pública: fazeres docentes em discussão

The most recent data of the Brazilian Test (BRAZIL, 2005) and of the SAEB (BRAZIL, 2007) have reaffirmed the serious situation of the Brazilian public school, where great part of the students, after to conclude 4º year of basic education, does not present minimum knowledge of reading and writing. In this picture, the situation of the state of Rio Grande do Norte, whose students had presented, in the last evaluation is particularly difficult, the worse performances of the country, in this area. The data also discloses that the failure pertaining to school, closely tied with the failure in the literacy, not only remains, as takes other aspects. In consequence of this picture, the literacy, even so widely argued in the last few decades, still instigates inquiries, as it is the case of this work. Our study got shaped due to reflections, as much to the theorizations to which we had access, as of the emergent questions of ours pedagogical practice. Through the past three decades, the studies in the area of literacy with the purpose to understand the constituent nature of the process, its aspects and its determinative ones has been intensified. The produced knowledge has contributed for the overcoming of the reductionist form as if it thought/thinks, in some contexts - this process. Such statements impel them to reflect concerning what is happening in the school, limiting or making possible the pertaining to school success. With these concerns, we delimit, as focus of study, the teaching action, having the following stunning question: What to make professors, in the context of the public school, to propitiate or hinder the process of literacy of the children? In this direction, our object of study is to make them professors who can propitiate or hinder the process of literacy of the children, in the context of the public school. The objective work to investigate, from practical of professors the teachers, that to make professors related to the literacy process - they can propitiate or hinder the learning of the written language, for the pupils of the public school, at the beginning of the school process. The work if inscribes in the qualitative boarding of research and if it configures as a case study, with characteristics of Research-Action, inspired by the following principles: authenticity and commitment and systematic restitution. For the retraction of the data, they had been used: half-structuralized interview; participant comment; meeting of studies and reflection; register in daily of field. We define as locus of study, a school of public net and, more specifically, a group of the initial years of school process that integrates the cycle of literacy . Of the five invited teachers, only one demonstrated interest in participating of the work. Its group of first year of the First Cycle of basic education is composed for 34 children, with ages between six the nine years. The data constructed by means of the described procedures, as well as its analysis, make possible to identify, between the many aspects and to make that they compose the pedagogical dynamics in the context of classroom, the following categories to make articulated with the literacy process: 1. To make of practical the relative ones to the planning, understood as To make relative: 1,1 distribution of the time-space/routine; 1.2 to the didactic activities and/or sequences and teaching interventions; 1.3 to the organization/election of the contents; 1.4 to the materials/didactic resources and 1.5 to the evaluation. 2. To make relative to the interaction professor-pupil, systemize in: 2.1 attention to the diversity; 2.2 to the affectivity. These to make, in the form as if materialized in the practical one observed, had been reflected, jointly with the teacher, as constituting parts of obstacles to a perspective of literacy. By means of the sharing of the reflections, anchored in theoretical conceptions concerning the practical one of teach-learning and, more specifically, of literacy, we register indications of new meanings of these to make on the part of the teacher in conducting them as providers of learning of its pupils, first purpose of its teaching performance. This finishing, possible synthesis at this moment is, therefore, point of fond and departure for new studies

Correr, saltar, lançar, dialogar :uma reflexão sobre corpo e aprendizagem nas aulas de educação física

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Dificuldades na aprendizagem dos conteúdos de Biologia: evidências a partir das Provas de Múltipla Escolha do Vestibular da UFRN (2001-2008)

Los estudios cerca de las dificultades en el aprendizaje del contenido de la biología han sido foco de la investigación diversa que si ten corido a partir de la década de setenta del siglo pasado, en consecuencia al movimiento de las concepciones alternativas (MCA). El estudio que se presenta, se atan con el Departamento de Educação da UFRN - Base de Pesquisa Formação e Profissionalização Docente, como parte do projeto de pesquisa - A passagem do Ensino Médio a UFRN: estudos sobre o acesso, a permanência e a qualidade do Ensino Médio. Los objetivos de esto investigación, habían consistido en el identificar del contenido explorado en las cuestiones de las Pruebas de la opción múltiple del Vestibular de UFRN para el cual los candidatos habían demostrado dificultad en el aprendizaje; para analizar si el contextualização de la pregunta y la presencia de elementos no-literales que habían influenciado en el aumento de la dificultad de la pregunta e identificar los errores más frecuentemente por los candidatos en estas pruebas. La tesis si configura en dos dimensiones: 1 - El contenido explorado en las Pruebas del Vestibular de la UFRN si distribuya uniformemente a través de los años; sendo priorizados procedimentos que exigem demanda cognitiva diversificadas na solução de problemas; 2- Nessas provas, os resultados dos candidatos, en relación con el Índice de Aproveitamento, indican la existencia de áreas en las quales hay déficit del aprendizaje; qué envolucran las dificultades en aprender el contenido. Los datos de la investigación habían sido recogidos al partir de las pruebas de la biología y de la inicial abstracta selectiva de los informes proveído para el COMPERVE/UFRN, del último los ocho años (2001-2008). En la dirección alcanzar a los objetivos considerados para este estudio, contenta había sido construido a las categorías del análisis - (temas, subtemas y procedimientos); índice de aproveitamento; contextualização de la pregunta; estructura de la pregunta y el error. Los resultados, qué si configurán de los análisis de las ocho pruebas del vestibular de la UFRN y los sesenta y cientos envolvement mil, seiscientos y sesenta y cinco candidatos que le habían contestado; demuestran eso: los temas y los subtemas de la biología para los cuales las dificultades en aprender si está tenido divulgado sea - genética (hibridismo; fenótipo y genotipo; Leyes de Mendel), biotecnología (transgênicos; célula-tronco) y citología (química de la vida; división celular; membranas) y los procedimientos - identificar, analizar la situación y aplicar concepto, para correlacionar y para interpretar el gráfico; los quais não exigem uma alta demanda cognitiva na solução dos problemas. La presencía de situações contextualizadas e de gráficos en las questiones de las pruebas influenciou en el aumento dos niveles dificuldade da of questão para a maioria dos candidatos, reiterando as of dificuldades of observadas na of aprendizagem dos procedimentos. Los errores principales cometidos para los candidatos habían consistido en no reconocimiento del estándar de la herencia del gênica - mendelian y después de-Mendel; no del reconocimiento de los acontecimientos de la división celular y de las técnicas en biotecnología. Éstos habían reflejado las dificultades en aprender del contenido para algún contenido y en otros sugieren que tuviera la expresión de los conceptos alternativos que los estudiantes construyen en los conceptos. Los resultados señalan la necesidad de una revisión de las preguntas inherentes didácticas-metodológicas a la educación del contenido para las cuales las dificultades en aprender si hay tenido presentado

As mudanças da educação do RN nos idos de 1950 e 1960 :a prática de Lia Campo

The present study investigates and analyzes the participation of the teacher Lia Campos, during the 50 s and 60 s years, in the norte-riograndense educational organization. The choice of the period is justified because was at this the time what this teacher remained in the potiguar lands, working in favor of the education. In the search of data that informed me concerning her actions, I cover quantities as the Public Archive of the Great River of the North, Historical Institute and Geographic of the Rio Grande do Norte and the Center of Supplementary Studies Teacher Lia Campos, in the task to obtain photographs and verbal stories of friends and fellow workers, periodicals of the time, laws and decrees. Based on the primary education, the work of Lia Campos shows the relevance of the teaching formation for this level of education and the way as the ones that in it work can lead their conceptions and daily practical tasks. This way, I evidence that the cited teacher promotes, in this State, a series of activities as: survey and systematization of the school net; organization of the administrative stuff of the schools; qualifications and courses of improving for lay professors, as well as implantation of the Law of the Education nº 2.171/1957. Through this analysis I show as this teacher left printed her mark in the Rio Grande do Norte historiography by means of her actions, being therefore remembered for that they had followed her experience in norte-riograndense lands

Ensinar/Aprender ortografia: uma experiência na formação de professores

The studies in the education area have been defending the importance of forming autonomous teachers that they look for to understand the context in that they act, for that movement to make possible educational interventions with better conditions of the students' learning. In the extent of the teachers' formation, it has been discussed the importance of formative actions that they have as focus the analysis of the needs in the educational formation, as alternative to turn such more significant actions. Concerned with those subjects and with the school failure in the Brazilian education, especially in the children's of the public school literacy, we accomplished this work that aims at to investigate the needs of teachers' of the Fundamental Teaching of the public school formation, in the extent of their students' orthographic difficulties, building with those teachers knowledge on the process of teaching/learning spelling. The study was accomplished at a municipal school of the city of Parnamirim-RN, that offers the Fundamental Teaching I. the approach investigativa is of qualitative nature, where the case study and the research-action were used as methodologies. They participated in the research 7 teachers and 1 coordinator of the institution. For the construction of the data the following instruments were used: glimpsed semi-directing collective and individual, documental analysis, questionnaire and observation, that made possible the triangulation of the data for the content analysis. The main results pointed that the teachers' of that school initial needs were addressed not only to the teaching of the spelling, but also to the formation type that they would receive. We verified although the formative process was favorecedor of sockets of the teachers' conscience: related to the orthographic mistakes, to the strategies used at classroom and to the planning addressed to the teaching of the spelling. Finally, we concluded that the teachers' reflection researched about their own formation needs contributed for (trans)formations of their conceptions and practices related to the teaching of the spelling, even before some found difficulties, so much in the formation as in practice pedagogic developed by the participants