Relações de poder, fragmentação e gestão do território no semi-árido nordestinho: um outro olhar sobre o Cariri paraibano

This study aims to analize the Cariri Paraibano territory, as a product of relations of power that were being established along its historic process of territory formation. In this process, the fragmentation and the territory management are fundamental elements to socioterritorial reality comprehension. The theoretical-conceptual basis is based on notions of territory, region, power and territory management, which are articulated to the opinions and empiric confirmations origined from interviews made with several social actions. They also were made photographical records and researches on books, newspapers and magazines, as well on other information sources related to the object of studying. Obtained data confirm the pressuposement on which the relations of dominations and the used methods by the power s owners in the region created a little fruitful political practice and little adequate to the process of active participation of the local population on the territory management, even being on disagreement with the new political-institutional mechanisms, which take to political-administrative more democratic and participative in the country

Efetivação da garantia de defesa no estado constitucional de direito: colisão entre o poder punitivo e garantia de defesa

The domination of the violence for the Rule of law awakened a tension between the practice of the punitive power and the right to counsel. However, throughout the recent history of the Criminal law, this shock of forces has been determined for the punitive power. In this perspective, the present work intends to submit the guarantee of defense to a critical judgment, in search to conciliate its content to the Constitutional State of Right. For in such a way, it will be necessary to recognize the disequilibrium of the situation, but without considering the superiority of any of these elements. The State in such a way must fulfill the function to punish the culprits as to acquit the innocents. Despite the law is far from obtaining a harmonious speech, it is necessary that the defense guarantee coexists the punitive power as part of an only public interest, which is, to make criminal justice. In such a way, the existence of a sustainable balance between the punitive power and the guarantee of defense depend on the minimum interference of Criminal law and, also, of the judicial position in the concrete case. The present work faces, therefore, the moment of crisis of the Criminal law, consolidated with the advent of a new way of thinking according to the procedural guarantees, that will demand the overcoming of the old concepts. The Constitutional State of Right not only constitutes an efectiveness of the regime of the right to counsel, but in a similar way it searchs to accomplish the right of action and criminal justice as a whole. Knowing that the philosophy of the language raises doubts on the certainty, the truth and the judgement, it is imposed to understand that the defense guarantee is no more about a simple idea, but, in the crooked ways of the communication, we intend to find what the judge s function is when he faces this new reality

Paradigma constitucional brasileiro da livre concorrência e da defesa do consumidor face às estruturas de poder no mercado

The Federal Constitution of 1988, when taking care of the economical order, denotes special concern in the abuses of the economical power and the disloyal competition. The mark to mediate of all this is, in fact, the defense and the consumer's protection, once this is final addressee of whatever if it puts at the consumption market. The coming of the Law 8.078/90, Code of Protection and Defense of the Consumer, inaugurates a time of effective concern with the homogeneous individual interests originating from of the consumption relationships. In this point, the focus of main to face of the present work lives, in other words, the protection of the right to the individual property, especially manifests in the exercise of the trade freedom that keeps direct relationship with the respective social function the one that is destined. The code of the consumer's defense doesn't just take care of this, but also of the other star of the relationships of the consumption. When affirming in the interruption VI of the art. 4th that the national politics of those relationships, finds ballast in the prohibition and repression efficient of all of the abuses committed in the consumption relationships, keeping inherent relationship-causality in the economical order, sculpted for the article 170 in the Constitution of 1988. In the generic plan, the mark of the present work is to question concerning the limits of the trade freedom and previsible collisions with protection norms and the consumer's defense, as well as factual convergences of those small systems, especially in what he/she refers to the innate interests to the suppliers. In the specific plan, we aspirated to identify the protection device-commands to the actors of the trade relationship, capable to guarantee the free competition in a global economy of market, seeking especially the Well-being, for soon afterwards, in an analytical perspective, to discover the possible applications that it holds the Federal Constitution, in headquarters of economical freedoms. It was observed that the consumer today doesn't need only of laws that their needs, fruit of the vulnerability that it is him/her meditate innate. He/she lacks, yes, of effective mechanisms that prevent lesions that can be them impinged by the suppliers at the time in that you/they are useful to repair the damages when happened, punishing the author of the damage

O poder legislativo na verificação da legitimidade constitucional do processo de construção das leis

It is known that, in the Democratic State of Law paradigm, one of the most instigating themes is the legitimity of the Law. It justifies the interest in reflecting about the Legislative Process instituted by the Brasilian 1988 Constitution, more specifically field of the constitutionality control as away to guaranty of the legitimity of the Law. The research that is developed here, intents to bring to reflection the basis and the ways the Legislative Power has to proceed to Constitutionality Control of the laws and of the Legislative Process. As the focus taken here is about the Legislative Power, it starts from the presupposed that only by the adoption of legislative process which has to be connected to a rational speech, that will evidence the Democratic and Procedimental Law dimensions, guarantee the possibility of the public and private spheres of life act in complementarity that is such needed to the stabilization of the social expectatives and the concretization of the Brazilian Constitution

A legitimidade da jurisdição de primeiro grau na concretização dos direitos fundamentais: proposta de um novo modelo jurídico-administrativo para o segundo grau de jurisdição

The current study is about the legitimacy of lower court jurisdiction as a way of exercising basic legal rights, proposing, therefore, a new legal-administrative model for appellate court. In order to achieve that, a demonstration of the importance of basic legal rights in the Brazilian legal system and an open interpretation in light of the Constitution, as a way to affirm said rights, among which are accessibility to the justice system and proper legal protection, is required. As a result, the legitimacy to access the legal system resides in the Constitution, where the interpreter should seek its basic principles to achieve basic legal rights. It is observed that the lack of credibility regarding lower court decisions comes from the dogmatic view of truth born from power, and therefore, that the truth resides in decisions from appellate court and not from lower court judges. A lower court judge holds a privileged position in providing basic legal rights for citizens, considering his close contact to the parties, the facts, and the evidences brought forth. Class action suit is presented as an important instrument able to lead the lower court judge to provide basic legal rights. Small Claims Courts may be used as paradigm to the creation of Appellate State Courts formed by lower court judges, reserving to higher jurisdiction courts and Federal Circuit Courts, the decisions of original competency and the management and institutional representation of the judiciary system. Instilling an internal democratization of the judiciary is also required, which means the participation of lower court judges in electing their peers to chief positions in the court system, as well as establishing a limited mandate to higher court judges.

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

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

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

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

Habitus docente e representação social do ensinar Geografia na Educação Básica de Teresina - Piauí

The literature about the Geography teaching has shown that most male and female teachers of this subject go on guiding their teaching practice based on the traditional Geography fundamentals, whose main characteristic consist in the description of places. The incorporation of scientific standards that change the old principles and concepts have not been happening, unless in a punctual way. The overcoming of the traditional Geography, related to the aspects accepted by the scientific field have not happened in Brazil yet, not only because of certain obvious obstacles, as the literature has been pointed out but also by symbolic obstacles, which block the incorporation of the new, of the non habitual action. One of those obstacles that motivated the accomplishment of this study was the social representations that are theoretically studied here under the perspective developed by Serge Moscovici. Then, the focus of this doctorate study is concentrated in the apprehension of the content and structure of the social representation of teaching of Geography and its relation with the habitus that gives form and social visibility to the ones who are teachers of that subject in Teresina. The consecution of this work was especially based on the Pierre Bourdieu´s praxiology, mainly on the concepts of social field, habitus and capital, as well as the theory of social representations, specifically on the approach of central nucleus developed by Jean-Claude Abric and Jean-Claude Flament. The initial hypothesis pointed out the existence of a Geographer´s primary habitus built through the development process of the geographic science field in Brazil, as a basis of production of a social representation of teaching geography . That representation, however, would act as a symbolic obstacle to the incorporation of the new scientific contents and pedagogical practice, which require from the teacher investigative and questionable attitude in the presence of the reality and contents approached in the classroom. That initial hypothesis laid on the theoretical purpose that it has been developed by Domingos Sobrinho (1997), which states that there is a narrow relationship between the habitus and social representation. The study was developed with male and female teachers of Geography from public schools of Teresina. The methodology involved the use of a questionnaire, the free-word association technique and deep interviews. The achieved results showed the presence of a complex process of representational construction and its articulation with a habitus produced by the synthesis of several situational and cultural referents, from among of them we can point out an insertion in a social field of practice exclusively related to the teaching and the reproduction of a professoral teaching (SILVA, 2003), built through the school development process, which those male and female teachers were exposed. The initial hypothesis that considered the local reproduction of a primary habitus of the Geography was denied, therefore, it was verified that there is not in Teresina the production/reproduction of the structures, rules and practice of the national scientific field, in which this subject is inserted. Hence, the incorporation of the new patterns of the geographic scientific knowledge is difficult because of the inexistence of a scientific habitus, that is, mental schema systems that would let the teachers mentioned above connect themselves appropriately to the science and its practices. So, it has gotten a social representation of teaching geography based on contents strictly related to the reproduction of structures, mental schema from the educational field which attach themselves to the hegemonic pedagogical practices in the national scope

Representações sociais, relações de gênero e programas de assistência e educação à saúde da mulher no climatério em Natal/RN

Climacteric is the name of the period of the human life that it is going from the 40 years old, approximately, until the 65 years old. Though, for besides a biological phase of the woman's life, the climacteric is an object of the social world that is rendered to different apprehensions and readings on the symbolic plan. In this study, it was looked for to know the social representations, that health' professionals acting in the programs of the climacteric and the users of those same services, build in respect of that purpose. Besides, it tried to be seen that the social hegemonic representation that guides the actions and the agents' attitudes in the practices of attendance and education for the woman's health in the climacteric in the extent of the investigated institutions. The data were collected through interviews, questionnaire, focal discussion group and direct observation. The observation field was constituted by the three institutions that develop the attendance and education for the woman's health in the climacteric phase, in the city of Natal. A gender perspective was also been adopted, sought to evidence as the cognitive structures that assure the masculine power reproduction, pronounce to the social representations to build a sense to the investigated purpose. It was verified that the social representations of the climacteric are built mainly around the semantic fields old age and disease. For the health professionals, the meaning of the simbol old age carries the marks of the indentified system of the middle class employed, but also, of the feminine habitus that guides them to have an ethical and aesthetic apprehension of their own body. The climacteric, in that way, is seen as a difficult phase , a painful event that scares . For the women attended by those professionals, the sign old age means feeling emphasis from the biological climacteric aspects, in other words, the sensations and signs that forbid the body to accomplish certain linked basic life functions. Along the whole course of this thesis, it was verified that the climacteric is a complex phenomenon that needs to be faced as such. While cultural phenomenon, it is urgent to look for means to help to combat the centrality of the professional representations that face the climacteric as old age and disease, particularly in the field of health

Representação social do ensinar: a dimensão pedagógica do habitus professoral

Teaching is an activity inherent to the human condition. Historically, from the institutionalization of education, the key role to pursue that activity has been attributed to the teacher, who is required to adapt to the demands of each historical conjuncture. Currently, according to the new paradigmatic requirements, the teacher must possess various skills in order to handle the complex and challenging act of teaching. Assuming the existence of a gap between what the State and the scientific discourse recommend the teacher act upon in the classroom, a decision was made to identify the configuration and structure of social representation in the act of teaching, put forth by elementary school teachers in the public schools of Natal, RN, Brazil. Therefore, the research relied on the theoretical model developed by Domingos Sobrinho (1998, 2000, 2003), which articulates the praxeology of Pierre Bourdieu with the theory of social representations of Serge Moscovici (1978). It was intended to demonstrate how teachers habitus, in its due historical context, directs the construction of social representations in the act of teaching which guides the actions of the teacher, particularly in the classroom context. At the methodological level, the following methods and techniques were used: bibliographic and documentary review in order to identify the scientific discourse on the subject matter and the official parameters of educational regulation and the act of teaching; the Procedure of Multiple Classifications PMC in order to capture the configuration and structure of the representational content in focus, the direct observation of the classroom to identify in actual terms the social representation as "guide to action" as the theory preaches. From the standpoint of the analysis, quantitative data were analysed through Multidimensional Scaling MDS, covering in this study the Multidimensional Scale Analysis MSA and Smallest Space Analysis SSA; and non-parametric statiscal techniques. Additional data of qualitative value had to undergo categorical content analysis. It was then concluded that the teachers investigated guided themselves by social representation, the product of collectively constructed and shared assumptions about the act of teaching, forming a synthesis of different sources of information and knowledge acquirement, involving elements of common sense, religious habitus, pedagogic models considered outdated, the agencies responsible for teacher training and the hegemonic discourse about education today

Representações sociais de discentes sobre universidade: um estudo psicossocial entre ingressantes do vestibular e da seleção ProUni

Demand for access to higher education to put in test the education Brazilian system in view of the surplus of selective processes of public universities, people without option to pay their studies at this education level. In this context, it has arisen the University for All(Universidade para Todos)Program, the ProUni, from Ministry of Education - MEC, created by the Federal Government in 2004, and that it aims the granting of full and partial scholarships in private higher education institutions, graduate courses in sequential specific training, low-income Brazilians students who do not have higher-level degree. Created by the Provisional Measure No 213/2004 and institutionalized by Law No. 11096 of January 13, 2005, the ProUni offers, however, the exemption of some taxes to those institutions that join the program. This is one of the privileged time for the study of Social Representations by offering the researcher, a living laboratory, natural environment, the confrontation between the established and new. In time like this people are challenged to incorporate the new system to the pre-existing one, aiming it through a strangeness of what was so familiar. It is through this game of social forces that we developed the present study with 196 entering higher education, of these are 116 of selective vestibular system and 80 of the ProUni selective system. We opt by the procedures for data collection in order to have access to the circulating senses, in addition to the streamlined responses. With foundation in Abric, we perform the test the Free Association of Words, then analysed by the software and by EVOC Content of the type theme as Bardin. Besides, we require of the subjects, a writing on the study object university later analysed by the software ALCESTE. The results point out to a representation strongly rooted in social factors such as more traditional socio-cultural elements: the beliefs, values, the symbols. It is unique in both groups of subjects: among those entering by the selective ProUni system, there was a stronger anchor in that it does not make inquiries about the program. At the same time, there is a stronger presence of objectivation, entering the selective vestibular system in order that they explained with a value judgement on the programme. It is suggested further studies considering the embryonic state of social representation, as recent as the social purpose that triggered. It would be relevant even the replication of the same research with other people in order to strengthen the power of the theorising of empiria available

Era um sonho desde criança : a representação social da docência para os professores do município de Queimadas-PB

The objective of this work was to access and understand the teaching social representation (MOSCOVICI, 2005) for the teachers of the children education and fundamental education at Queimadas city, Paraíba. We assume that one representation that allows the teacher to name its profession and to act on it, is a derivative of regularities that are expressed by means of a habitus (BOURDIEU, 1983a), generative matrix of perception and action. This teaching habitus is originated from the experiences and the trajectories of social and professional life of the group. Therefore, from some variables, we tried to access the profile of the group of teachers studied and to get closer of their life style to understand their profession choice and the teaching social representation for this group. In this research, it was used four data sources: a) the questionnaires of characterization; b) the questionnaires of practices and meanings; c) the experience reports and; d) the interviews in depth. The analysis of the data collected was done by means of the simple statistics (frequency), the intersection of variables through cross tables and, the thematic analysis of the contents. The results show that there is a lightly homogeneous group in terms of its social origin and its life style, moreover, they conduct to an overlap between this origin/style and the professional choice. On the other hand, the teacher representation is multi-dimensional such that, all dimensions intercept and articulate with each other to provide a concise teacher representation. They are four dimensions: love and care, help and donation, teaching and learning and, sacrifice and hope. The elements of the teacher representation are substantiated in the schemes of perception and appreciation of the group, in the regularities and life experiences in the context of religion, family, gender and profession. In these regularities we find the elements that comprise the teaching habitus which drives perception and action, representation and daily practice of these teachers. The teaching social representation is still perceived as a threshold for the professional identity of the group of teachers considered. We also observed that there are signs of changes in the practices used by these professionals since they graduate from the course of pedagogy. However, it is not possible to say that these changes are isolated or they lead to a transformation in the teaching habitus or the teaching social representation

Poder poluente de águas residuárias de suinocultura após utilização de um tratamento integrado

Em experimento de campo, avaliou-se o potencial de impacto ambiental de águas residuárias de suinocultura, acondicionadas em um tanque de estocagem, com distintos tempos de retenção hidráulica e aplicadas, posteriormente, em lisímetros preenchidos com solos arenosos, argilosos e de texturas médias. Para tal, foram determinados os valores de pH nos solos e as quantificações das concentrações de zinco e cobre na água residuária in natura e, após os quatro tempos de retenção hidráulica do tanque de estocagem, nos percolados dos lisímetros e nos solos. Os resultados mostram que a estocagem não foi eficiente na redução, aos níveis exigidos pela legislação, das concentrações de zinco e cobre nos efluentes do tanque de estocagem. A aplicação no solo gerou reduções eficientes nas concentrações de zinco e cobre. Por fim, enfocando a contribuição fertilizante destas águas residuárias, o solo argiloso foi o mais beneficiado com este sistema integrado de tratamento, contribuindo para a redução das concentrações de zinco e cobre para valores abaixo dos permitidos pelas legislações, o que protegeria o lençol freático da contaminação por esses dois metais pesados.

Beleza e poder na Ginástica Rítmica: reflexões para a educação física

La beauté dans la Gymnastique Rythmique (GR) s est esquissée comme condition de son existence. Pour son analyse, nous avons eu recourt au discours sur le pouvoir de Foucault (1971, 1979, 1987, 1988, 1997, 2003) et à sa relation avec la production de savoirs. Basés sur cette compréhension, nous avons réfléchi sur les relations de pouvoir dans la GR qui se sont établies et consolidées grâce à la réglementation de sa pratique, dans lequel le Code de Pointage a un rôle prépondérant. Ainsi, la GR a construit sa beauté à travers les temps au moyen de jeux de force où la gestualité de corps performatiques, à travers la discipline, a été prépondérant. Cette dernière a configuré des sens attelés à la coercition-résistence des corps: la production de discours. C est en pensant à une beauté comme ume trame de discours construits par ces relations de pouvoir-savoir des investissements du corps dans la Gymanstique Rythmique que nous nous posons les questions: Comment le Code de Pointage réglemente la gymanstique rythmique et sportive au sujet de la construction de la beauté ? Quelle est la relation entre les pouvoirs et les savoirs impliqués dans cette réglementation ? Nous avons donc pour objectifs de rechercher la beauté dans la Gymnastique Rythmique comme savoir produit à partir des relations du pouvoir circonscrites dans les règles de la modalité et de discuter la beauté à partir de la relation pouvoir/savoir comme réflexion pour le milieu de l éducation physique. Nous avons utilisé comme méthodologie la technique de l analyse de contenu (Bardin, 1977) afin d analyser le Code de Pointage de la GR dans sa version 2005-2008. Nous avons également fait usage des images de gymnastes comme moyen analogique pour amplifier le sens des discussions. La lecture fluctuante nous a permis de sélectionner des unités significatives et d organiser nos discussions en trois axes thématiques qui composent le premier chapitre intitulé « La beauté réglementée ». Dans ce chapitre, nous discutons les spécificités de la GR, la prescription de l utilisation du temps et de l espace et la configuration du geste technique à partir de l analyse de son code de ponctuation. Dans le deuxième chapitre, « Le corps beau transcende la règle », nous réalisons quelques réflexions destinées à l éducation physique à partir de la discussion du chapitre antérieur en prenant pour cible trois sujets : Pouvoirs et Savoirs, Technique et Style, Beauté et Éducation. Nous avons ainsi constaté que la beauté de la Gymnastique Rythmique contemporaine est entourée par sa réglementation, mais a été et continue à être dessinée par des mécanismes de pouvoir-savoir tout au long de sa trajectoire historique. Malgré l existence de conditions pour la beauté dans le Code de Pointage de la GR, il existe la possibilité de la création du propre style par la gymnaste, par la possibilité de vivre l improvisé et l imprévu, de sensibiliser le public, parce que le pouvoir crée des savoirs et le corps, qui se dépasse, créera toujours de nouvelles formes d être beau. La constatation que le Code de Pointage produit une beauté et que la gymnaste la reconstruit continuellement en en réactualisant les règles est une réflexion importante pour l éducation physique: elle réaffirme que le corps n est jamais seulement soumis, que même dans la soumission il est capable de produir du savoir, d être beau et de créer de nouveaux sens pour la Culture de Mouvements