Repositório Colecção:http://repositorio.unirn.edu.br/jspui/handle/123456789/6042026-10-02T19:18:35Z2026-10-02T19:18:35ZPolíticas públicas enquanto mecanismo de concretização de direitos sociaishttp://repositorio.unirn.edu.br/jspui/handle/123456789/6052023-09-22T13:14:12Z2023-09-15T00:00:00ZTítulo: Políticas públicas enquanto mecanismo de concretização de direitos sociais
Resumo: Social rights represent an attempt by the Brazilian constituent of 1988 to guide the country towards achieving economic development and reducing social inequalities. The discussion about the effectiveness of these rights is at the center of the legal debate, which is why the theme chosen for this work is: public policies as a mechanism for realizing social rights. Thus, the research objectives are to present the bases of Brazilian neoconstitutionalism and the constitutionalization of public policies; study the constitutionalist doctrine on social rights; and understand public policies as a mechanism for realizing social rights. Therefore, the deductive method of scientific approach was chosen, with a dogmatic approach to law, based on an exploratory, bibliographical, documental and qualitative research. In conclusion, it is inferred that, given the constitutionalization of law and the supremacy of the Constitution, as well as the implementation of democratic, liberal and social values, it is possible to note that the materialization of rights in life in society, through the law itself, ends up bumping into the limit of how much the law can provide. In this context, it is understood that the provisional nature of social rights does not deprive them of their full and immediate effectiveness, which is why the constitutional text, directly or indirectly, guarantees society the right to demand compliance, either administratively or judicially. In this way, public policies find their raison in the materialization of social rights, through a state action plan and a positive action by the state which, in turn, requires means and resources to be effective. As for the required resources, the Constitution itself not only establishes the rights to be guaranteed, but also establishes rules for directing resources with a view to making social policies viable. In addition, in order to define a legal concept of public policies, the present work embraces the idea that public policies are government action programs aimed at coordinating the means available to the State and private activities, in order to achieve socially relevant objectives and politically determined, which have their own elements and methodology for their analysis, implementation and evaluation. Finally, the limits to the requirement of social rights and their respective policies in the Judiciary were analyzed, whose conclusion points to the fact that all constituted powers have attributions and important roles, defined constitutionally and in the cycle of public policies, able to be respected and improved.
Type: Trabalho de Conclusão de Curso2023-09-15T00:00:00ZDiscurso religioso como projeto político do chefe do poder executivo: exercício à liberdade de expressão ou afronta ao estado laico?http://repositorio.unirn.edu.br/jspui/handle/123456789/14932026-08-24T18:38:51Z2020-01-01T00:00:00ZTítulo: Discurso religioso como projeto político do chefe do poder executivo: exercício à liberdade de expressão ou afronta ao estado laico?
Resumo: The scope of the present work is to verify if the religious discourses used by the heads
of the executive branch as a political project fall within the fundamental right to religious
freedom or in patent affront to the Secular State. In this sense, the objective pursued is to
determine whether state secularity is properly fulfilled in political rhetoric, considering the
vertiginous rise of Christian religious discourses in national politics. The deductive method is
used, analyzing the theme based on the general rule for specific cases. The hypothesis defended
consists of the notion that the candidate for an elective mandate and, consequently, the political
representative is not constitutionally legitimate to carry out his campaign, as well as to exercise
his mandate with a speech / argument that favors a certain religion. At first, the historical roots
of the relationship between the state and religion and the consequences that reverberate around
the world are analyzed. The association between State and religion in Brazil is the result of a
long process that has followed the country's history since the 16th century. In many moments
in history, the Church has functioned as an instrument of social, political and cultural
domination. Subsequently, religious freedom is widely explored, from its concept and
characteristics to national and international standards that are intended for its protection. The
Secular State is then approached under the bias of John Rawls, Jurgen Habermas, Chantal
Mouffe and Marcelo Neves. It addresses the process of secularization arising from
modernization and the understanding of the secularity theoretically enshrined in the Federal
Constitution and its practical effectiveness. In the last chapter the discursive theory is
thoroughly investigated under the approaches of Michel Foucault, Michel Pêcheux, Jugen
Habermas, Chantal Mouffe and Laclau in order to identify whether the speeches given in the
political arena when delivered by the elective mandate holders need to conform to the principle
of state secularism. The legitimacy of the religious speeches made by candidates and those with
an elective mandate to the head of the executive in the three federative spheres in relation to the
principles of religious freedom, state secularism and the democratic regime itself is analyzed
and presents the conclusions about the hypothesis raised, risks arising from linking religion and
politics.
Type: Trabalho de Conclusão de Curso2020-01-01T00:00:00ZSuperendividamento do consumidor à luz da lei 10.820/03: uma desconstrução do código de defesa do consumidor sob a égide da inconstitucionalidade formal e materialhttp://repositorio.unirn.edu.br/jspui/handle/123456789/20702026-08-24T18:44:44Z2018-01-01T00:00:00ZTítulo: Superendividamento do consumidor à luz da lei 10.820/03: uma desconstrução do código de defesa do consumidor sob a égide da inconstitucionalidade formal e material
Resumo: The aim of this paper is to identify the unconstitutionality of the Law 10820/03,
which deals with the way financial institutions and leasing companies make loans,
financing and leasing operations, with a payroll discount to employees governed by
Consolidação das Leis do Trabalho (CLT) and beneficiaries of INSS (Instituto Nacional
de Seguridade Social). The problem was raised from the relationship between the
socio-political and economic context in which the law came into existence and the
causes of consumer over-indebtedness as a vulnerable part of the consumption
relationship, especially the elderly, naturally hypervulnerable. Following this
parameter, this paper projects the notoriety of the benefits granted by cited legislation
to financial institutions, while consolidating the budget overload of the most vulnerable
population, in total disagreement with constitutional text. The methodology consisted
in qualitative and exploratory bibliographic research associated to an empiric method
of phatic and deductive observation. Initially, an analysis about the definition of payroll
lending and how it contributes to the over indebtedness of workers and retired people
was performed. Then, the Articles of Law n. 10.820/2003 that were incompatible with
the Constitution of Federative Republic of 1988 were identified in light of the legal rules,
jurisprudence and doctrine. Lastly, in the face of the unconstitutionality of the “Payroll
Lending Law”, alternatives are presented in order to make an effective consumer
governmental protection and defense, in accordance to the National Consumption
Relationship Policy
Type: Trabalho de Conclusão de Curso2018-01-01T00:00:00ZA execução provisória da pena: uma reflexão acerca da sua (in) constitucionalidade à luz da jurisprudência do STF nos últimos oito anoshttp://repositorio.unirn.edu.br/jspui/handle/123456789/20642026-08-24T18:11:26Z2017-01-01T00:00:00ZTítulo: A execução provisória da pena: uma reflexão acerca da sua (in) constitucionalidade à luz da jurisprudência do STF nos últimos oito anos
Resumo: The present work has the objective to discuss the constitutionality of
provisional punishment execution, based at the jurisprudence of the Supreme
Federal Court at the last eight years. Initially, it will be done an approach about the
normalization of the principles at the Democratic State of Law, its reflections at the
Criminal Law and Criminal Procedure. In a second moment, it will be done an
analysis of those decisions emanated by the Constitutional Court, highlighting the
main favourable and unfavourable arguments to the anticipated execution of the
condemnatory criminal sentence. The methodology used is based on bibliographic
researches of doctrine and legislation, prioritizing the study of the jurisprudence.
From the research we can see the main argument from those who defend the
provisional punishment execution, is what the jurisdiction of double degree ends,
having no more discussion of evidences at the headquarters of special and
extraordinary resources, not being given the suspensive effect. Besides, the
understanding is based at the urgent necessity of give the effectivity to the jurisdiction
based on the principle of the prohibition of the deficient protection. By the other side,
it also verify that the problem is a consequence of the legislative inertia in a way of
reduce the group of resources placed at the disposition for both parts, most of the
times used in a delayed way, whose price is being supported by the accused of good
faith, that has denied the guarantee of the presumption of not culpability and the legal
process in a clear violation to the Federal Constitution, that adopted expressly the
system of not having resources anymore to the guilt formation. Besides, it can be
perceived a predilection of the legislator on calm down the patrimony at the
provisional execution of civil judgments, in detriment of the devaluation conferred by
the Full Court of Supreme Court to the liberty in similar procedure situations. Lastly, it
can be observed the change of interpretation used at Supreme Federal Court, at the
time interval understood between the years 2009 and 2016, it just happened because
of the change of composition of their members, once the situation experienced at the
two opportunities are very similar.
Type: Trabalho de Conclusão de Curso2017-01-01T00:00:00Z