scholarly journals Entre a corrupção e a ineficiência: a implementação do Estado Gerencial Brasileiro como um dos mitos do direito administrativo

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Emerson Affonso da Costa Moura

<p>Análise crítica da tentativa de implementar o Estado Gerencial à luz da realidade das instituições político-administrativas brasileiras é o tema posto a debate. Analisa-se em que medida foi possível através das referidas reformas legislativas a cultura administrativa solidificada na ação estatal. Para tanto abordará a formação patrimonialista estatal, a tentativa de reformas administrativas e a proposta do Estado Gerencial Brasileiro com as críticas pertinentes à luz dos mitos administrativos.</p><p> </p><p>Critical analysis of the attempt to implement the Managerial State in light of the reality of Brazilian political-administrative institutions is the subject of debate. It is analyzed to what extent it was possible through the aforementioned legislative reforms the solidified administrative culture in the state action. In order to do so, it will address state patrimonial formation, the attempt of administrative reforms and the proposal of the Brazilian State Management with the pertinent criticisms in the light of administrative myths.</p>

1851 ◽  
Vol 141 ◽  
pp. 433-459 ◽  

Among the many discussions to which the subject of madder has given rise among chemists, there is none which is calculated to excite so much interest as that concern­ing the state in which the colouring matter originally exists in this root, and there is no part of this extensive subject which is at the same time involved in such obscurity. It is a well-known fact that the madder root is not well adapted for the purposes of dyeing until it has attained a growth of from eighteen months to three years, and that after being gathered and dried it gradually improves for several years, after which it again deteriorates. During the time when left to itself, especially if in a state of powder, it increases in weight and bulk, in consequence probably of absorp­tion of moisture from the air, and some chemical change is effected, which, though not attended by any striking phenomena, is sufficiently well indicated by its results. There are few chemical investigations that have thrown any light on the nature of the process which takes place during this lapse of time, and in fact most of the at­tempts to do so have merely consisted of arguments based on analogy. It has been surmised that the process is one of oxidation, and that the access of atmospheric air is consequently necessary. We are indeed acquainted with cases, in which substances of well-defined character and perfectly colourless, as for instance orcine and hematoxyline, are converted by the action of oxygen, or oxygen and alkalies combined, into true colouring matters. A more general supposition is, that the process is one of fermentation, attended perhaps by oxidation, and in confirmation of this view the formation of indigo-blue from a colourless plant, by a process which has all the cha­racters of one of fermentation, may be adduced. What the substance is however on which this process of oxidation or fermentation takes effect, what the products are which are formed by it, whether indeed the change is completed as soon as the madder has reached the point when it is best adapted for dyeing, or whether further changes take place when it is mixed with water and the temperature raised during the process of dyeing, are questions which have never been satisfactorily answered, if answered at all. It has indeed been suspected by several chemists, that there exists originally some substance in madder, which by the action of fermentation or oxida­tion is decomposed and gives rise by its decomposition to the various substances endowed either with a red or yellow colour, which have been discovered during the chemical investigations of this root. That several of these substances are merely mixtures, and some of them in the main identical, has been satisfactorily proved by late investigators. But there still remain a number, which, though extremely similar, have properties sufficiently marked to entitle them to be considered as distinct. In my papers on the colouring matters of madder, I have described four substances derived from madder, only one of which is a true colouring matter, but all of them capable, under certain circumstances, as for instance in combination with alkalies, of developing red or purple colours of various intensity. To seek for a common origin for these various bodies so similar to one another and yet distinct, is very natural, and the discovery of it no improbable achievement.


Author(s):  
José De La Cruz Diaz-Ledezma

This article presents a vision of the relationship that can be established between education and art in our country, starting from the analysis of the objectives of teacher education and the role it plays in the educational process, presents a critical analysis of the intentionality of Basic education and teacher training. It is an intentional study of the role of the teacher in a country where the role of the educating State takes on the functions of designing, orienting, organizing and directing, through the school the destinies of the new generations, forming them in an educational process according to the interests and needs of. Objective: to identify the influence that the State exerts through education, in active teachers, in the training of teachers and in students of the different educational levels of our country. Methodology: qualitative documentary research, where different moments of teacher training are analyzed in the light of theory, educational laws and others related to the subject. Contribution: originate discussion points around the educational process and the State's aims in educational matters, from the training of teachers and their performance in the classroom as an agent not of transformation, but as a reproductive agent of the wishes of the State.


2020 ◽  
Vol 24 (1) ◽  
pp. 170
Author(s):  
Rafael Barsotti Torres ◽  
Letícia de Carvalho Giannella

Considerado a principal política destinada à pesca artesanal brasileira nas últimas décadas, o Seguro-Defeso (SD) garante aos pescadores renda mínima no período de Defeso, quando ocorre interrupção forçada do trabalho. Este artigo busca realizar uma análise das contradições relacionados ao SD, abordando sua importância frente às características socioeconômicas dos pescadores, ao mesmo tempo em que problematiza a ação estatal restrita a esse benefício, entendendo-o como incapaz de fortalecer as comunidades pesqueiras nos conflitos socioambientais que enfrentam em seu dia a dia. A metodologia deste trabalho envolveu uma revisão de literatura sobre o tema, o uso dos dados do pagamento do SD e dos microdados da Pesquisa Nacional por Amostra de Domicílios Contínua (PNADC) do ano de 2018. Os resultados apontam para a importância do benefício, mas reiteram o preterimento da dimensão sociopolítica.Palavras-chave: Seguro-Defeso. Pesca artesanal. Conflitos socioambientais.PUBLIC POLICIES AND SOCIO-ENVIRONMENTAL CONFLICTS: problematizing artisanal fishing insuranceAbstractConsidered the main policy intended to support the Brazilian artisanal fishing in recent decades, the Seguro-Defeso (SD) grants fishermen a minimum income during the Defeso season, when forced interruption of work occurs. This paperobjective is to analyze the contradictions related to SD policy, analyzing its importance in relation to the socioeconomic characteristics of fishermen, while questioning the efficiency of the state action restricted to this benefit, understanding it as unable to strengthen fishing communities in the socio-environmental conflicts that they face. The methodology of this workinvolved literature review on the subject, the use of the SD payment data and the microdata of the National Continuous Household Sample Survey (PNADC) of the 2018 year. The results of this paper point to the importance of the benefit, but reiterate the neglect of the socio-political dimension.Keywords: Seguro-Defeso. Artisanal fishing. Socio-environmental conflicts.


Author(s):  
S. V. Perekrestova ◽  

The paper analyzes the process of formulating the main principles of the state regulation of the telephone activities in Russia in the late 19th and early 20th centuries. Even though the emergence of the telephone in Russia matched the process of the whole unified postal and telegraph service’s organizing, crucial necessity of including the telephone into the system of the state management of communications did not become just a step in these reforms’ development. It caused the discussion on another matter, namely on the main principle of the system’s functioning, i.e. perception of the communications as the subject of the state monopoly. Thus, the Russian government’s attempts to adopt the telephone to a broadly settled system of the state regulation happened to be followed by the debates on neither administrative no technical, but on the legal and economic matters. Lately, they moved to the principle of the state monopoly in the communications sphere as a whole and to perception of the latter as a source of the state income. Nevertheless, during the analyzed period, the focus of all the disputes was made on responding to the private capital’s threat to the monopoly status of the government. However, its main concern was not the monopoly itself, but one of its aspects, i.e. the most commercially profitable way to build and use the telephone communications.


The Geologist ◽  
1863 ◽  
Vol 6 (11) ◽  
pp. 415-424

The wonderful remains of the Archæopteryx, recently acquired for the British Museum, have naturally drawn attention to a muchneglected department of palæontology; and it will therefore not only be interesting, but useful also to the advance of science, to pass under review, at the present time, the state of our knowledge of the former existence of birds during past geological ages. The early authors, for the most part, speak not of fossil bird-remains properly so called, but in reality of mere incrustations by “petrifying springs,” of the fanciful tracery of dendritic markings, or the imagined resemblances of oddly-formed stones. Thus Albertus Magnus, in his book ‘De Mineralibus,’ printed in 1495, describes a fossil nest, with eggs, on the branch of a tree. This might or might not be a true fossil, but our recent discoveries of fossil birds and reptiles' eggs, and the knowledge we have now of delicate objects truly fossilized, such as insects, fruits, flowers, and feathers, renders it possible that some of the old records of such may have had a foundation of truth, and gives a probability that some at least may be brought within the capacity of belief as actual facts.With this view, we shall quote from the old authors all the passages known to us, commenting on them as occasion may require; and in thus working up the bibliography of fossil ornithology and arranging the whole of our knowledge of the subject, as far as we have the power to do so, we shall be able to separate facts from fictions, and give a solid basis for further investigations in the future study of ornithological palæontology.


2016 ◽  
Vol 19 (2) ◽  
pp. 393
Author(s):  
Ilse Gomes Silva

Resumo: O artigo tem como objetivo levantar elementos para a análise da ação do Estado brasileiro diante das manifestações de junho de 2013 e compreender o processo de criminalização dos movimentos sociais. As manifestações de junho de 2013, em todo o território brasileiro, denunciaram a precarização das condições de vida da população e a forma violenta do Estado tratar a classe trabalhadora quando ousa reivindicar seus direitos. Diversos movimentos sociais estão nas ruas exercendo o direito à participação política e pressionando as instituições da democracia. A reação violenta do Estado brasileiro a estas manifestações indicam que direitos duramente conquistados, como a liberdade de expressão e organização, estão ameaçados, o que coloca em risco a participação política da classe trabalhadora e, consequentemente, a democracia.Palavras-chave: Poder político, autoritarismo, movimentos sociais, democracia.DEMOCRACY AND CRIMINALIZATION OF SOCIAL MOVEMENTS IN BRAZIL: the manifestations on june 2013Abstract: The article aims to identify elements for the Brazilian state action on the analysis of the manifestations on June 2013 and understand the process of criminalization of social movements. The manifestations on June 2013, in all of Brazil, denounced the deterioration of people’s living conditions and the violent way the state treat the working class when it dares to claim their rights. Diverse social movements are on the streets exercising the right to political participation and exerting pressure on institutions of democracy. The violent reaction of the Brazilian state to these demonstrations indicate that hard-won rights such as freedom of expression and organization, are threatened, which endangers the political participation of the working class and hence democracy.Key words: Political power, authoritarianism, social movements, democracy.


2006 ◽  
Vol 7 (1) ◽  
pp. 83-100
Author(s):  
Michael Weinman ◽  

This is, indeed, another work on the subject of hate speech regulation in the United States. And yet, it is not just another such work. For my goal here is not to settle the jurisprudential arguments regarding the possibility of any specific hate speech regulation, either extant or yet to be conceived, withstanding a Constitutional test. Nor is it my intention to demonstrate, on the basis of a comparative study of existing legislation, that such regulation either is or is not effective in addressing or redressing the social ills of hatred, discrimination, and inequality. Rather, I will achieve greater analytical clarity about just what the harms of hate speech are. I do so in order to reinvigorate the question about regulation with a new view of what exactly the object needing attention is, by demonstrating that though there are real harms here, the state cannot provide a regulatory remedy (at least qua criminal justice). Thus, in my conclusion I will assert that the question of what we might do differently in response to hate speech can only be answered —however provisionally—insofar as we first confront how we need to think differently about it. Specifically, I will argue that we need to replace the emphasis on redressing harms once they have occurred with a new emphasis on addressing, and ultimately eliminating, the conditions which make those harms possible in the first place.


2016 ◽  
Author(s):  
Mark Lemley

In recent years, the United States Supreme Court has focused increasingattention on two doctrines that provide immunity from antitrust liabilityfor certain anticompetitive activity: the state action doctrine and thepetitioning immunity doctrine (sometimes known as the Noerr-Penningtondoctrine, after the two cases that established it). These doctrines havebeen the subject of seven Supreme Court decisions in as many years. Inspite of (or perhaps because of) the Court’s numerous recent decisions,there remains a great deal of confusion about the source and the scope ofthese doctrines. This Article attempts to clarify both doctrines.The Supreme Court and a number of commentators contend that the antitrustimmunity doctrines are the product of statutory interpretation of theantitrust laws themselves. The Court contends that petitioning and stateaction are “essentially dissimilar” to the types of business activity theantitrust laws were designed to regulate. This Article disagrees. Bothpetitioning and state action present precisely the sorts of problems withwhich the antitrust laws are concerned — exploitation of consumers throughthe charging of supracompetitive prices.To determine the source of antitrust immunity, the Court must look beyondthe antitrust laws to the constitutional principles that are implicated bythe doctrines. For the state action doctrine, the constitutional principleat stake is largely one of federalism, and the more general democraticprinciples embodied in the Court’s non-delegation jurisprudence. For thepetitioning immunity doctrine, the First Amendment protection of speech andpetitioning provides the relevant principles. After examining the source ofthe antitrust immunity doctrines, this Article considers the appropriatescope of those doctrines in light of the constitutional principles at issue.


2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Samara De Oliveira Pinho

JUDICIAL PROOF AND PROCESSUAL TRUTH: A STUDY FROM THE KNOWLEDGE THEORY PERSPECTIVE RESUMO: Este trabalho tem por objeto o estudo a compreensão da prova judicial e da respectiva verdade probatória, à luz da teoria do conhecimento e sua repercussão na Ciência Jurídica. Nesse sentido, busca-\se de colaborar com um refinamento teórico das práticas adotadas no campo da legislação processual civil em relação à interpretação e aplicação do instituto da prova judicial. Para tanto, realizar-se-á levantamento bibliográfico de obras e artigos de períodos quanto à temática, com fins de oferecer elementos para uma análise crítica, apresentado os respectivos resultados.PALAVRAS-CHAVE: Prova Judicial; Verdade; Epistemologia; Processo Civil.ABSTRACT: This study aims to study the understanding of judicial evidence and the respective evidential truth, in light of the theory of knowledge and its repercussion in Legal Science. In this sense, we seek to collaborate with a theoretical refinement of the practices adopted in the field of civil procedural law in relation to the interpretation and application of the judicial test institute. In order to do so, a bibliographical survey of works and period articles on the subject will be carried out, in order to offer elements for a critical analysis, presenting the respective results.KEYWORDS: Judicial Proof; Truth; Epistemology; Civil lawsuit.Data da submissão: 16/01/2020                  Data da aprovação: 05/05/2020


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