O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Sistema eleitoral proporcional : uma proposta técnico-politica para o Brasil

The present work aims to analyze the several proportional electoral systems from the contemporaries democracies in order to, in the end, purpose a system that better fits to the constitutional Brazilian order. In this direction, we pursued to indicate the main virtues and imperfections in proportional electoral systems in use in more than two hundred countries, especially relating to the positive and negative effects that these systems inject in the party systems, in the governability and in the representativity. In order to collect elements, and also before getting to the work s main point, other issues were approached, even in a shortened way. Nevertheless, in a position taking, we conclude the work opting for a proportional electoral system that potencializes the constitutional principles of representativity and governability as well as prints a party system strong and strict, once these are the depositaries of a democracy compromised with the Brazilian society

História oral de vida de pacientes transplantados renais: novos caminhos a trilhar

The therapeutic possibilities for chronic renal failure closely are related to the biological and social condition, and in this perspective the renal transplant is considered the best option, for providing quality of life better. This study it objectified to apprehend, by means of the rescue of the verbal history of life of the kidney transplant patients, the experiences lived since the diagnosis of the renal to the current with the current therapeutic modality. One is about a study of qualitative boarding, exploratory and descriptive, having the verbal history of life as a technique and method. The colony was formed with the ten first kidney transplant patients of the Rio Grande of the North, taken care of in the clinic of the Nephrology in the University Hospital Onofre Lopes-UFRN, located in the city of Christmas-RN. The net was composed for collaborators of both the sex, in the age band between 21 and 56 years of age, submitted it more than has one year to the renal transplant and that, in some cases, together of its familiar ones, they had voluntarily accepted to participate of the study. The first collaborator interviewed for this was excluded not to desire to participate the study more than. After approval for the Committee of Ethics in Search of the UFRN, we carry through the collection of data, by means of a halfstructuralized interview, recorded individually, in environment chosen for the collaborators. We carry through the transcription of the interviews and later we return to the interviewed ones so that the same ones made the conference, what it made possible in them to carry through the transcriation, after consecutive readings. We analyze the stories by means of the analysis of content of Bardin. Guiding the analysis of the stories of the collaborators, we find three axles thematic: Impact in the social relations, Impact in the social condition and Behavior front the illness and treatment. We conclude in this study that the loss of the renal function reed-echo drastically in the life of the collaborators, but that the acceptance of the pathological condition emerged, mainly for the support of the family and in the belief in God. The renal transplant was seen as the chance for a new life, however, so that they reach an improvement in the quality of life, other questions must be optimized, as the guarantee of constitutional laws, the rescue of the citizenship and offer of bigger support of the professionals of the health, family and society for the confrontation of the problems generated for the chronic renal illness and its treatments

Efeitos da previdência rural na agricultura familiar da microrregião Serra de São Miguel - RN

The objective of the present work is to verify the effects of Rural Social welfare in the family agriculture of the microrregião Serra de São Miguel-RN. The study based on available bibliography on the theme, in secondary data and in a rising amostral accomplished in three municipal districts (Encanto, São Miguel and Riacho de Santana) of the microrregião. The universe of the study was the establishments of the family agriculture appeared in the Agricultural Census of 2006, in those municipal districts. The unit of considered analysis was the rural family, with the interviews being applied close to the farmers' families with and without retired rural. The sample was of 94 present families in the family establishments. The results demonstrate that the Rural Precaution reaches a significant covering degree in the rural area of the researched municipal districts, with an average of 1,57 beneficiaries for home in the families with retired. The data of the research attest that the family agriculture in the microrregião Serra de São Miguel-RN it has few favorable conditions for his/her development, once, besides the shortage of lands and of the climatic factor of the area, the returned public politics the family farmers' totality - like PRONAF and PAA -, it has been unable to give effective answers for the improvement of the life conditions in the rural way, have seen the minimum amount of families reached by those politics, be in function of the drawing or of the atmosphere where they are done. In this context, he/she stands out the importance of the Rural Precaution that, in function of the application of the constitutional devices that you/they guaranteed his/her universalization, it has been the only relevant public politics that, in fact, it has been reaching her/it all their beneficiary potentials. Given the general situation of the family agriculture of the microrregião and of the specific characteristics of the researched family establishments, the hypothesis was corroborated that the rural retirement doesn't contribute directly to the increase / making possible of the family agriculture. In spite of 57,4% of the families with retired have declared to use resources of the retirement in the costing of the rural activity carried out by the family, the annual medium value of the expense just located around 7,02% of the annual value of the retirements gained by the families in the year of 2010. Data the low levels in that the social reproduction of the great majority of the family establishments of the microrregião, the maintenance of the families is operated represents the main destiny of the resources precautions. It was also confirmed the hypothesis that the Rural Precaution constitutes the main monetary contribution of the families with retired. For more than 93% of the families with retired, the retirements doing 50% or more of the total of the family monetary income, and in the composition of the rural income of the families with retired and pensioners, the originating from income the rural retirements are equal to 65,24% of the total of the annual income obtained by the families. It is ended, because, that the rural precaution, given to the adversities for the development of the family agriculture, of the operational inefficacy of the public politics and of the few opportunities of generation of existent income in the local savings, it is the main responsible for the reduction of the poverty and, consequently, for the improvements of the conditions of life of the families of and with seniors in the rural way of the microrregião Serra de São Miguel-RN

Autonomia na lei: as forças armadas nas constituições nacionais

L'objectif de ce travail est d'analyser les différences entre la fonction, la mission et le rôle de l'Armée dans les constitutions brésiliennes, de 1824 à 1988. L'hypothèse en discussion est que la disjonction consacrée constitutionnellement entre la Loi et l'Ordre consolide une limitation à la démocratie en autorisant des interventions dans l'Armée qui vont au-delà de la Loi. Nous défendons que l'autonomie militaire, garantie par les constitutions, rend très difficile la subordination militaire par rapport au pouvoir civil, car cette subordination est nécessaire à la consolidation du régime démocratique.

Ação de impugnação de mandato eletivo: análise constitucional e novas perspectivas

This study is developed in setting in which the Federal Constitution of 1988 completed 22 years of validity, as well as in general elections (national and state) in country. From this perspective, there are multiple reflections, especially on the constitutional mechanisms of popular sovereignty consolidation, the integrity and legitimacy of elections and democracy itself. It has appeared timely, therefore, to examine the development of ensured instrument of these precepts. Thus, it is approached as an object of research to Action of Impugnation to the Elective Mandate- AIEM, under Art.14, § 10 and § 11 of the Constitution of 1988, considering its constitutional and electoral reasons. It is then aimed to review the second AIEM conceptions of scale, systematic interpretation, preservation of constitutional rights and its effectiveness. Specifically, it is analyzed the Action as to the forms of power that relate to this. then it is examined the democracy principal aspects related to the issue. Without being followed, it is the democratic situation in which it is operated. They are also examined the political rights, especially regarding restraint applied to ineligibility and the possibility of integrating the effects of an impugnatory origin. Following, it has been discussed the formation of an early panorama, consisting of constitutional principles applied to electoral constituencies and eminently procedural principles and, according to which subsidizes the operations of such Action. After that, addressing the Election Law, including its concept, its sources, the Electoral Court and its peculiarities and functions. It is also considered the elective office as to its definition, characteristics and ways of accessing and extinguishing it. Afterwards, the Action of Impugnation is studied from its historical evolution of laws, legal, concept and goals. Expanding on the theme, it s highlighted about their chances of traditional appropriateness (economic power abuse, corruption and fraud) and modern (abuse of economic power intertwined with political) business, including the suggestion of suitability in case of abuse of unique political power. It was also identified the injurious potential demand affecting these illicit to enable the Action. Subsequently, other relevant aspects were explored, such as the legitimacy ad causam, competence, secrecy, procedure, recklessness, bad faith, the purpose of the merits and manageable resources. In the end, it is demonstrated an evolution of AIEM, however, still insufficient to reach full intentions that rise it. It is proposed therefore to re-read the action from news perspectives, based on constitutional and electoral precepts, as well as wider interpretation of the appropriateness of their assumptions of suitability and effects, according to a systematic interpretation, all aimed at the preservation of constitutional rights and their own effectiveness

Prevalência de lesões cutâneas actínicas em pacientes com carcinoma basocelular do segmento cefálico: um estudo caso-controle

OBJETIVO: Avaliar a prevalência de lesões cutâneas actínicas em portadores de carcinoma basocelular do segmento cefálico. MÉTODOS: Foi conduzido estudo tipo caso-controle. Os casos, constituídos por pacientes com carcinoma basocelular sólido, primário, menor que dois centímetros, no segmento cefálico; e controles, por pacientes com outras dermatoses. Foram analisadas variáveis constitucionais, comportamentais e lesões actínicas. RESULTADOS: Avaliaram-se 120 casos e 360 controles. Mílio facial (OR = 2,3), leucodermia puntacta de membros superiores (OR = 2,9) e cutis romboidalis nuchae (OR = 1,8) associaram-se à neoplasia independentemente das demais variáveis, sugerindo um fenótipo de risco. Houve ainda associação com fenótipos claros, genética familiar e exposição solar cumulativa. Queimadura solar, tabagismo e alcoolismo não foram identificados como fatores de risco. O uso de fotoprotetores não evidenciou proteção; porém, o grupo controle era composto por pacientes dermatológicos, aos quais são indicados fotoprotetores regularmente. CONCLUSÃO: Lesões actínicas foram mais prevalentes em portadores de carcinoma basocelular sólido do segmento cefálico que em controles, especialmente mílio, cutis romboidalis nuchae e leucodermia puntacta, independentemente dos demais fatores de risco conhecidos.

Crédito bancário no Brasil: participação das pequenas empresas e condições de acesso

Incluye Bibliografía

Agora é Lula: enquadramentos do governo do PT pelo Jornal Nacional

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

A digitalização da televisão pública: um estudo do caso da multiprogramação na TV Cultura

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

O Estado e a aplicação de atos legistativos contrários ao princípio da reserva da lei penal

Pós-graduação em Direito - FCHS

A política agrícola no estado contemporâneo: obrigações jurídicas atinentes ao desenvolvimento rural sustentável

Pós-graduação em Direito - FCHS