Aplicação do exame da proporcionalidade diante da implantação de empreendimentos eólicos em áreas de preservação permanente

The setting up of wind power enterprises at Permanent Preservation Areas reflects the obvious conflict and necessary convergence between free market and energy security on the one hand, and the promotion of environmental quality on the other. From the perspective of energy sustainability, and in order to achieve development (in its complex meaning, which converges economic, social, environmental and cultural aspects), the harmonization between free market and an ecologically sustainable environment is required. This work aims to identify the link between the protection system of the Permanent Preservation Areas and the current constitutional order, by analyzing the implementation of wind power enterprises in these protected zones focusing on the proportionality aspects. A legal and purposeful research was developed, from a theoretical method, followed by collecting and analyzing both primary and secondary data. From these data, the law, the legal literature and judicial decisions were cross-examined, under the light of the Constitution and guided by the theory of proportionality and related development imperatives. In this context, the present study identified the link between the principles of the economic order, environment and energy law, finding their basis under the Federal Constitution and development. By reproducing this interrelationship and by means of post-crisis institutional reforms, the guiding objectives of the Brazilian electric sector began to corroborate the precepts of development, although issues regarding its sustainability still persist. The appraisal of proportionality indicates that the Permanent Preservation Areas protection system is insufficient to materialize the right to a healthy quality of life upon the implementation of wind projects at Permanent Preservation Areas, albeit seeking the harmonization between free market and environmental protection.

O direito penal do inimigo na atualidade: Mutual Legal Assistance Treaty – MLAT, em matéria penal, celebrado entre a República Federativa do Brasil e os Estados Unidos da América bem como seus reflexos na jurisdição brasileira

In view of the climate of instability and deep social inequalities, it has been evident in the Brazilian reality, a new way to punish systematic already developed and consolidated in other countries, in which, among other things, the criminality is anticipated only by danger that the individual sports. It appears, therefore, that the theory developed by Günter Jakobs, nominated Criminal Law of the Enemy, became subtly inserted in the Brazilian reality as well as in international relations signed. In this sense, the Brazilian State, in order to carry out the international legal cooperation in the criminal field, signed a mutual assistance agreement with the government of the United States of America. Forward the conclusion of Mutual legal Assistance Treaty (MLAT), the signatory countries voiced a desire to cooperate in order to facilitate the implementation of tasks of the authorities responsible for law enforcement in both countries, comprising research, investigation, prosecution and prevention of crime, said internalized adjustment in the Brazilian legal system by means of Decree No. 3810 of 02 May 2001. Alongside these considerations, the present study aims to analyze the Criminal law of the Enemy today, seeking to find evidence of that theory in the MLAT, international legal cooperation instrument signed between the government of the Federative Republic of Brazil and the government of the United States of America. Moreover, it has the objective to describe its effects on the Brazilian jurisdiction, especially as concerns the relativity and the suppression of human rights. Once done the introit, analysis will be carried out in the first chapter, on the definition and main features of the theory of Criminal Enemy of the law, it is imperative to approach the humanistic aspect that preceded the theory as well as the dealings given to some controversial issues surrounding it, such as the anticipation of the enemy's punishment and the disproportionality of the penalties imposed. In the second chapter will present the conceptual assumptions, historical evolution and the positives aspects, as well as the barriers and the pursuit of effectiveness of international legal cooperation. In the chapter, bedroom effective analysis of specific modality of cooperation will be held, the Mutual legal Assistance Treaty - MLAT in criminal matters, signed between the Federative Republic of Brazil and the United States of America, in which the general aspects will be addressed and the MLAT reflections on the Brazilian jurisdiction, which includes analysis about the relativity or suppression of human rights, future trends and creating stricter laws, followed by the presentation of the seized conclusion on the subject, in which, among other approaches, will be voiced understanding about the unconstitutionality certain service requests that, from these, there is the bad use of the agreed instrument.

O Supremo Tribunal Federal como agente tecnocrático no exercício da jurisdição constitucional na solução de casos complexos : análise das ações diretas de inconstitucionalidade nº 3937/SP e nº 3357/RS

Many changes have taken place in contemporary society causing impacts in its different sectors, making it much more complex and insecure than in past times. The alteration on the decision-making system of the Brazilian society is among the main changes today. The post-modern context contributed to the occurrence of the transfer of state power of the Legislative and Executive Powers to the Judiciary Power, specifically to the Federal Court of Justice, leading to an expansion on the actuation range of this institution mainly through the exercise of the constitutional jurisdiction. This has caused a crisis of legitimacy in society once the Court will now decide the political and social fundamental issues. In this scenario, the Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS are highlighted and both are being tried by the Supreme Court. Such emphasis is given, since it is a matter of high complexity and social repercussion that will be decided by a legal institution and not a political one. Thus, this work aims to analyze the role of the Supreme Court in the context of contemporary society on the trial of complex and controversial cases, particularly on the trial of Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS. This study has noticed that due to the post-modern context the majority of the Supreme Court Ministers tend to base their votes in constitutional principles and no longer limit themselves to a formal review of the constitutionality of laws, which indicates a substantialist approach. Moreover, it can be noticed the deliberative potential of the Court as well as the influence of the post-modern features, such as risk, uncertainty and insecurity on the elaboration of the Minister‟s votes. Therefore, sometimes, such as the case in study, the Supreme Court has acted as a technocratic agent in Brazilian society once fundamental political and social decisions for society especially when it comes to complex and controversial cases are being taken by the Supreme Court, which is composed by “Law technicians” and such decisions are mainly based in technical data and scientific studies. For the accomplishment of this work, it has been adopted the inductive approach and monographic procedure method and the bibliographical and documentary research technique.

Infecções por enterobacteriaceae resistente aos carbapenêmicos em hospital de ensino: epidemiologia e caracterização molecular

Introduction: The production of KPC (Klebsiella pneumoniae carbapenemase) has become an important mechanism of carbapenem-resistance among Enterobacteriaceae strains. In Brazil, KPC is already widespread and its incidence has increased significantly, reducing treatment options. The “perfect storm” combination of the absence of new drug developmentand the emergence of multidrug-resistant strains resulted in the need for the use of older drugs, with greater toxicity, such as polymyxins. Aims: To determine the occurrence of carbapenemase-producing strains in carbapenem-resistant Enterobacteriaceae isolated from patients with nosocomial infection/colonization during September/2014 to August/2015, to determine the risk factors associated with 30-day- mortality and the impact of inappropriate therapy. Materials and Methods: We performed a case control study to assess the risk factors (comorbidities, invasive procedures and inappropriate antimicrobial therapy) associated with 30-day-mortality, considering the first episode of infection in 111 patients. The resistance genes blaKPC, blaIMP, blaVIM and blaNDM-1 were detected by polymerase chain reaction technique. Molecular typing of the strains involved in the outbreak was performed by pulsed field gel electrophoresis technique. The polymyxin resistance was confirmed by the microdilution broth method. Results: 188 episodes of carbapenem-resistant Enterobacteriaceae infections/colonizations were detected; of these, 122 strains were recovered from the hospital laboratory. The presence of blaKPC gene were confirmed in the majority (74.59%) of these isolates. It was not found the presence of blaIMP , blaVIM and blaNDM-1 genes. K. pneumoniae was the most frequent microorganism (77,13%), primarily responsible for urinary tract infections (21,38%) and infections from patients of the Intensive Care Unit (ICU) (61,38%). Multivariate statistical analysis showed as predictors independently associated with mortality: dialysis and bloodstream infection. The Kaplan-Meier curve showed a lower probability of survival in the group of patients receiving antibiotic therapy inappropriately. Antimicrobial use in adult ICU varied during the study period, but positive correlation between increased incidence of strains and the consumption was not observed. In May and July 2015, the occurrence rates of carbapenem-resistant Enterobacteriaceae KPC-producing per 1000 patient-days were higher than the control limit established, confirming two outbreaks, the first caused by colistin-susceptible KPC-producing K. pneumoniae isolates, with a polyclonal profile and the second by a dominant clone of colistin-resistant (≥ 32 μg/mL) KPC-producing K. pneumoniae. The cross transmission between patients became clear by the temporal and spatial relationships observed in the second outbreak, since some patients occupied the same bed, showing problems in hand hygiene adherence among healthcare workers and inadequate terminal disinfection of environment. The outbreak was contained when the ICU was closed to new admissions. Conclusions: The study showed an endemicity of K. pneumoniae KPC-producing in adult ICU, progressing to an epidemic monoclonal expansion, resulted by a very high antibiotic consumption of carbapenems and polymyxins and facilitated by failures in control measures the unit.

A Fraternidade como categoria política: princípio anunciado na educação brasileira

This dissertation has had the goal of understanding and discussing how the fraternity category is presented in the main Brazilian education laws after the promulgation of the 1988 Federal Constitution. The systematization of a theoretical base about the fraternity category in its relation with de Brazilian education regulatory landmarks has allowed the proposition of elements of this category. The process of building the theoretical references of this research was written from a historical recuperation of the French Revolution, taking into account the triad of its main principles, “liberty, equality, and fraternity”, as civic and political values. Likewise, the Haitian Revolution was considered because of the symbolic role this revolution played on the concretization of the triad through the slave and black people’s struggle whose aims were both participation in the colony’s power positions and in the abolishing of slavery. The modernity and post modernity issues, as well as the concepts of citizenship and human rights, are also took as theoretical references in order to identify characteristics and connections of each one of those themes and concepts with the fraternity as a political category. This analysis has allowed the elaboration and systematization of the fraternity category and its constitutive elements: the universality which is directly connected to the local and regional issues; the mondialization as a counter-argument to the globalization which is seen exclusively in its economic dimension; the participative democracy as alternative way to the representative democracy; the “alteridade” (a kind of altruism) due to its specific way to recognize the other one as someone pretty much like me; and the diversity which consider the multicultural perspective and the necessity of building unity. It was possible to identify that the first two elements of the triad, liberty and equality, were the most import ones over the so called modernity period when the triad was put in the second place or only in its religious dimension. The post modernity, in turn, has brought to light the fraternity due to its constitutive elements. It was also possible to highlight the citizenship as a modernity landmark and the human rights as an idea marked by the fraternity and directly linked with the post modernity. From this theoretical frame it was made an analysis of the legal instruments that organize and regulate the Brazilian education: the 1998 Federal Constitution; the Statute for Children and Adolescents; the National Brazilian Education Law; and the National Education Plan. All these legal instruments were discussed based on their relation with the fraternity as a political category and through the identification of its main constitutive elements. The methodological way was put into practice mainly through the qualitative dimension, especially the Bardin’s content analysis. The dissertation has permitted to emphasize that the fraternity as political category was not a forgotten principle in the Brazilian education legislation, but a principle not formally and textually declared yet.

Estratégias de promoção da saúde a partir da escola e da Unidade Básica de Saúde da Família, em Uberlândia (MG)

Health promotion is opposed directly to the biomedical model and established by intersectoral action, with collective and interdisciplinary approaches, considering the subject in their life contexts. Build healthy territories is to promote health, which necessarily includes intersectoral coordination and community mobilization. The health and education sectors can work together to promote health, developing so articulate actions and practices involving the subject in its territory of life and work. This study aimed to design and experience of health promotion strategies in school and Basic Health Units Family in Uberlândia - MG, from intersectoral relationship and community mobilization. The methodological research route was action research, or research intervention, because while researching already applied the ideas to solve problems through collective action. The research began in the Municipal School of Basic Education Prof. Eurico Silva, with the Health Centre's deployment to carry out surveillance and health promotion with active participation of students, involving all subjects of the school, students, teachers and other staff in the context of everyday life, which extrapolates the school walls, reaching the family and social groups in the community to which they belong. The health observatory has the objective existence with the establishment of the working groups, which at first were "healthy eating" and "drug-free world" and later, "dengue". The themes were chosen by the participants of the Health Centre, in which each is involved preferably. The second part of the research started with the approach between the Centre for Health and the health units (UBS and BFHU). The proposal was that the schools and the health nurse unit together should undertake prevention and health promotion, combating Aedes aegypti with intersectoral coordination and community mobilization. For it was crucial the involvement of ACS, ACE, ASE and the nurse coordinator of the Health Unit in creating community networks in the territory. home visits, community mobilization and intersectoral coordination: a training course in all BFHU and UBS teams with the following subjects was conducted. At this stage, were the Health Units that should approach the schools, in order to provide community networks to fight Aedes aegypti in each territory. The results and the scope of this experiment could only be brought to fruition because the Board of Health Surveillance and Care Coordination council of Basic embraced the proposal and helped in its implementation. It remains to continue consolidating this process of work in health units of primary care and the elementary schools, replicate the Health Centre's experience at school. The conclusion of this work is that schools and care facilities to health together with intersectoral coordination and community mobilization supported by community networks, can carry out prevention and health promotion, from a health model that considers the social determinants of health and overcoming hygienist model / sanitarian.

Território, Criminalidade e tráfico de drogas ilícitas em Montes Claros/MG

Urban violence, manifestly public and free, has changed the standard of sociability of townspeople. The city is an increasingly private space of hopes of reducing the risk of victimization, due to the fear of violence that separates and distances the classes in expectation of concealing this behavior. However, violence has many facets and, in one way or another, will always be present as a product of social friction. It is in the urban context and using drug trafficking as a backdrop that this work raises questions about the territorial violence in Montes Claros - MG. The objective was to analyze the dynamics of illicit drug trafficking from the concepts of territory, observing to what extent the appropriation of space contributes to the use of violence, especially in interpersonal disputes. Methodologically, it seeks from quantitative and qualitative techniques make the spatial distribution of criminal indicators, defining and creating hierarchy territories of violence in urban areas. From the qualitative approach seeks to organize and analyze data together to the Civil and Military Police, Brazilian Institute of Geography and Statistics -IBGE, João Pinheiro Foundation and the System of the Ministry of Health Mortality Information - SIM. The opportunity of miscegenation between the knowledge of the survey respondents and the official data has introduced qualitative part. The city of Montes Claros has been taken as an object of observation due to a set of conditions, which stood its medium size, your importance in the regional context and their socioeconomic disparities. The results point to the existence of multiple territoriality of violence involving the trafficking of illicit drugs in urban space. Territorial disputes by the traffickers have victimized people with socioeconomic characteristics and urban spatial origin similar. The dynamism of the established boundaries from the cohesion and / or rupture of the interests of those involved creates and destroys territories in the power struggle.

O PRINCÍPIO DA GRATUIDADE ATIVA NO PROGRAMA DE ASSISTÊNCIA ESTUDANTIL DO INSTITUTO FEDERAL DE EDUCAÇÃO, CIÊNCIA E TECNOLOGIA DE SÃO PAULO (IFSP) – CAMPUS CUBATÃO

Este trabalho realizado, inicialmente, com base na análise de alguns documentos referentes à legislação educacional brasileira vigente tem por objetivo desenvolver uma investigação acerca da aplicabilidade da Assistência Estudantil dentro do Instituto Federal de Educação, Ciência e Tecnologia de São Paulo (IFSP). A partir da questão do Direito à Educação de todo cidadão, que está garantido em nossa Constituição Federal, o governo elaborou, no ano de 2010, o Programa Nacional de Assistência Estudantil (PNAES). Respaldados nesse Programa, o IFSP criou, em 2011, o Programa de Assistência Estudantil (PAE), dando validade e continuidade às ações desenvolvidas nos Campi para minimizar a evasão e o fracasso escolar, com vistas a garantir a permanência dos educandos no referido Instituto. Embora o PAE tenha sido implementado em todos os Campi do IFSP, no decorrer do presente trabalho analisamos e estudamos, exclusivamente, o Campus Cubatão, localizado na região da Baixada Santista devido a, dentre outros fatores, ter sido a primeira unidade descentralizada dos Institutos Federais do país. Assim, neste estudo, temos como objetivo analisar a estrutura de funcionamento do IFSP com o intuito específico de investigar o Campus de Cubatão, verificar as questões de Vulnerabilidade Social encontradas na destacada instituição, averiguar as ações do PAE que nascem do PNAES, observar a aplicabilidade desse programa com base no princípio da Gratuidade Ativa e do Direito à Educação de todo cidadão. Para tanto, utilizamos, fundamentalmente, além da legislação já mencionada, o princípio da Gratuidade Ativa de Melchior (2011) e o conceito de Vulnerabilidade Social proposto por Alves (1994) e por Abramovay (2002).