RCAAP Repository

The guarantees are present in all human relationships of exchange, purchase, sale, service, commitments, promises, through all points of the obligations and duties. The public administration is no exception, by the contrary, follows the law that requires its agents to preserve the public interest and adequate protection of expectations and resources. In this sense, government contracts are required to obtain performance guarantees traditionally operated by a bank guarantee, deposit or insurance. However, these alternatives are focused on the payment of compensation which is not always provides the completion of a work by the lack of values and the time required for the termination of the contract and resumption of its object. Now, innovating in relation to the issue, the federal government itself, through the Agência Brasileira de Gestão de Fundos e Garantias - ABGF proposes the provision of guarantees in contracts with the government itself. Along with the inventiveness, there is interest in evaluating the performance of this agency compared to the operation of the guarantee insurance, instrument ordinarily used to offer the security needed to contracts, in addition to the mechanisms introduced by the Law on Public Companies and Mixed Capital and changes in the Public Procurement Law.

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

In view of the jurisprudential and doctrinary discussions about simulation notion, it has been done, in this dissertation, an analyses aiming a proper conceptual definition so that a tributary analysis of its aspects could be done later on, mainly considering its principal consequence of fiscal character: the non-consideration of simulated business. We have verified that the concept of simulation is not expressed neither in civil law nor in tributary law. Therefore, in order to define it, a deep study on such theme was done based on the brazilian and foreign doctrines to investigate which doctrine would have been adopted by the brazilian Civil Code. Once found, the simulation concept has been brought to the field of tributary law so that situations related to it could be analysed. Additionaly, the treatment of simulation in the tributary field as a way of tax evasion, as well as questions related to the non-consideration of simulated business (among them, the norm introduced by the Complementary Law 104/01 which, in our opinion, does not treat cases involving the simulation) were analysed. A comparative study of this institute with other related ones has also been done to correctly define the simulation concept.

Fundo Mackenzie de Pesquisa

Acesso online; https://www.youtube.com/watch?v=0HaGpFi5JRs

The aim of this research is to analyse how the boys ethos, aged from eight to twelve years old, is built in the television speech from Estrela toys, in the 1990 s. Two pieces of photo boards and two recordings in CD constitute the corpus of this material sent by Arquivo da Propaganda. The work also tried to reveal the speaker s own image, having in view his co-speaker. This research relied on the principles of the discourse analyses and presents as one of its categories of analyses the ethos which, according to Maingueneau, is achieved by the ethos of the speaker and by the chosen scenography.

The present work is a dissertation conducted in the Post-Graduate Mackenzie University and is titled Building modern architecture in Teresina: reflections of an migrant architect. It deals with the analysis of three modern institutional buildings, projects of the architect of Minas Gerais Antonio Luiz Dutra de Araújo in the city of Teresina, Piauí. The three buildings are: Cepisa Building (1973), Headquarters of the Ministry of Finance (1973) and the Palace of Trade Building (1977). The architect had a wide and heterogeneous architectural production in the state, working with different scales and types, and he is considered one of the pioneers to use the modern language in their designs in the capital of Piauí. Such copies bear a relation between the way of designing architect and the limiting factors of a town in early modernization. Initially, this work describes a history of modern architecture in Teresina, framing characters and some important works in the city. Subsequently attention is given to the career of Antonio Luiz and to submitting copies of projetual expressive, quality of his work. The last three chapters are the systematic analysis of each chosen as the object of study building. Finally, the conclusions will be made.

ATIQUE, Joice Aguiar. PROCESSES AND SCOPE IN RECONTEXTUALIZATION OF A COURSE TO E-LEARNING: Potentials of a Action Cycle's Implementation 2014. 152 f. Dissertação (Mestrado) - Centro de Educação, Filosofia e Teologia. Programa de Pós-graduação em Educação, Arte e História da cultura. Universidade Presbiteriana Mackenzie, 2014. How is this process of recontextualization of classroom courses to online mode? Which are the profissionals envolved? What you need to understand about the spheres of production and reproduction for the process to be efficient? Questions like these reflect difficulties encountered by professionals in the field of e-learning and, in general, serve as guidance in this study. In order to improve the practice of e-learning and raise new insights for future research, this qualitative study investigates the recontextualization process carried out by a polidocente team. An endeavor to reflect on the lived process and on the limits and potentials of the project management model used, the Action Cycles.

The purpose of this dissertation is to study the collection of the tax credit through the fiscal execution procedure, pointing out the vicissitudes of the system of conflict resolution and highlighting the necessary improvements to a fair, rapid and effective collection. It begins by re reading the classical dimension of the concept of taxation, considering the ethical perspective and the fundamental duty to pay taxes, as well as by going through the procedural instruments of the supposed privileged system in the collection of public credits that, in fact, guides to an enormous loss of social efficiency, mainly due to the excess of special installments routinely granted. The necessary improvements are highlighted, highlighting the need for unification and effective cooperation of the acts practiced in the administrative and judicial process, as well as for the fight against excess and disorganized judicial means of defense. It is proposed the viability of the previous administrative request as a condition to fill the interest of action to challenge the tax collection process judicially. The phenomenon of disjudicialization is presented as a paradigm in comparative law so that a rational and fair model of collection of public credits can be prepared. It ends by analyzing the appropriate methods of resolving tax disputes with democratization and citizen participation, notably arbitration and transaction, deepening efficient and strategic methods of extrajudicial collection of public debt, such as the recognition of interim Public administration.

Universidade Presbiteriana Mackenzie

No Brasil existe um alto índice de crianças e adolescentes acolhidos em abrigos institucionais, tendo estes pouca perspectiva de retorno à família de origem ou colocação em família substituta. Diante deste cenário, o presente artigo científico tem como objeto central de estudo os programas de apadrinhamento desenvolvidos em diversos estados brasileiros, sendo especialmente analisados os programas lançados pelas Comarcas de Guarulhos e Itapevi, no Estado de São Paulo, levando em conta seu enquadramento no Direito brasileiro, de modo que sejam questionados os efeitos de tal prática, contando com a breve regulamentação existente.

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Started in 1974, the posthumous book Um sopro de vida (pulsações), by Clarice Lispector, came to public in 1978. Written "in agony" (Borelli, 1981), the work resumes introspective density featuring Clarice's writing, repeats the existential paradox life and death so recurrent in her work, reveals itself as a work of beginning and end, one and multiple, finally, leading us by several known ways, or not. Recognizing that reading involves an empathetic relationship and motivated to continue the master's research, also about Clarice's work, I felt compelled to face the reading of such a dense work and to seek still little trodden paths. Thus, in this project, we have resumed aspects which have not been explored in our master's research for not being part of the objectives of that work, but which were perceived as relevant for further study. Among these aspects, we mention the manifestation of the double as a structural element of Um sopro de vida (pulsações) narrative, 1978, chosen as the corpus of this research. The theme of the double has always been present in the Western culture, varying according to the historical moment. Renovated in modernity, the myth of the double also reveals the man as a shattered person, having as one of its possible representations the division of the "I" in an "ego" and an "alter ego". To better understand the relationship of the double with the work, we can say that many centuries separate the Greek legend, told by Aristophanes, and from the book Um sopro de vida (pulsações), by Clarice Lispector. The legend seeks to explain the need of human beings to ever get the half that fulfills them; Clarice's work embodies, among others, the man's questioning in search of himself, reflecting on the "who am I?", "who is the other?". In this way, describing and analyzing the figure of the narrator-Author, establishing a counterpoint between narrator-Author/Ângela Pralini and observing the process of building the character like an image that is constituted "by" the other makes up the specific objectives of this study; it is also our purpose to investigate and analyze the effects of discursive meanings that recover the images of God, of the "you", of the mirror and the death in relation to the narrator-Author and Ângela Pralini. Guiding us, then, through reflections, by Rank, Clément Rosset, Bravo, Bakhtin, among others, the research presented here proposes, as a questioning, to investigate how the image of the double emerges as a structuring element of Clarice's narrative, more specifically in Um sopro de vida (pulsações), and to what extent this discursive feature manifests itself in the narrator-Author/Ângela Pralini counterpoint, his double, also investigating how this narrator is manifested in personal oscillations, in the expansion of the narrating function, in the lexical choices, in the adopted bias: who is the double of whom?

This thesis develops and defends the notion that teaching-learning relationships in the classroom environment encompass ethical conflicts in the search for mutual recognition. It argues that the hurdles faced by high school teachers are directly related to deep-rooted conflicts inherent in students’ pursuit of recognition. The study investigated both the teaching strategies of experienced teachers, considered to be highly effective by their peers, as well as strategies used by inexperienced teachers, for a comparative analysis. It is based on Axel Honneths’s philosophical and social contributions on the moral grammar of social conflicts in the struggle for recognition within the classroom environment, as well as the psychoanalytical theories of Donald Winnicot related to the nature of the Self and its processes of emotional development and attachment. During this study, qualitative research was conducted in the context of two state schools in São Paulo, in areas of both high and low economic growth, over a period of two years. As regards methodology, an adaptation of the Depth Hermeneutics formulated by John Thompson was employed during three phases. The first phase gathered documents and interviews with community members, in order to collect information related to the cultural and historical contexts of the schools and interviewees. The second phase took place during a six month-period of classes and included ethnographic reports of two teachers with over 10 years of experience, two teachers beginning their careers and one teacher with 5 years of experience and on probation period. Finally, the third phase of the research consisted of gathering together the study field surveys and the theoretical approach to make interpretations and reinterpretations of the observed phenomena. The result showed that the majority of conflicts between students and teachers occur due to struggles for recognition rather than relationships between “quality class” and “behavioral problems”. Results show that creative gestures in the teaching-learning environment derive from a potential space that allows a bond of trust between students and their teachers.

Este trabalho apresenta o ambiente hípico sob o ponto de vista arquitetônico e mostra a influência da arquitetura na qualidade de vida e rendimento esportivo dos animais. Notando um vácuo nesse campo em território nacional, busca-se, por meio de arquitetura apropriada, feita por profissionais com conhecimento não apenas em edificações genéricas, mas também conhecedores do cavalo, melhorar a saúde e desempenho do animal. A obra em questão vem com o objetivo de reunir diversos itens do dia a dia hípico e explicitar formas adequadas de serem executados. Para tanto, foi passado um panorama geral do cenário hípico mundial e, após um recorte nacional, elencou-se partes chave para um empreendimento hípico, apresentando-o, contando o que se observa no dia a dia atualmente e qual seria a condição ideal para tal. Estudos de caso nacionais e internacionais bem-sucedidos foram usados de exemplo. O formato mais segmentado foi escolhido pelo fato de um leitor comum, não estar a par do linguajar e termos hípicos. Dessa forma, é interessante que se contextualize o leitor antes de dar as explicações. Com essa composição, ficou evidente a carência por material nacional voltado ao mundo do cavalo e suas necessidades arquitetônicas, bem como as falhas cometidas por falta de conhecimento, acarretando em problemas de saúde aos animais alojados. Espera-se que como produto dessa realização, mais informação chegue aos proprietários de estabelecimentos hípicos, de modo a mostrar a influência direta e indireta da boa arquitetura no desemprenho e qualidade desses animais tão importantes no mercado e na vida dos que com eles convivem.

foram as palavras do ex-prefeito de São Paulo, João Doria, após megaoperação realizada pelo Governo do Estado e pela Prefeitura na madrugada do dia 21 de maio de 2017. A ação opressora contou com 900 agentes, helicópteros, bombas de efeito moral, balas de borracha e abordagens agressivas por parte das polícias Civil e Militar, com o intuito de dispersar os usuários do fluxo e liberar acesso às principais ruas para entrar em hotéis, pensões e estabelecimentos comerciais, onde se encontravam “traficantes suspeitos”

Results and contributions: Besides failing in levelling the minimum quality of safety signage, the results show that regulation has ultimately produced a perverse effect by creating imbalances in the market competitive forces that tend to shift end-users' preferences to the manufactures in ´non-compliance´ with the MQS, who remain unpunished and unscathed in the market. Moreover, the regulatory environment has developed some inner characteristics that tend to a continuous state of deterioration. The result analysis indicates a possible direction for improvements if a more complete regulatory process is implemented, with the inclusion of auxiliary legislation that comprises fines for those companies found in non-compliance and a monitoring and enforcement policy scheme that makes quality assessments possible. Objectives: This paper assesses the influence of end-users’ choices on the average quality level and prices of safety signage based upon the initial, and suggested by the literature, idea of an incomplete and lax enforcement policy. Thus, a specific objective must be determined corresponding to the perception of the general market compliance with the MQS and the regulatory process as a whole. Relevance: Safety signs in Brazil are regulated by legislation issued by fire brigades and technically grounded by a minimum quality standard (MQS), namely the standard from the Brazilian Association of Technical Standards (Associação Brasileira de Normas Técnicas) ABNT NBR 13434, parts 1, 2 and 3. When the vertical product quality dimension is not easily observable, complementary control mechanisms should be established aiming a broad and complete regulatory process, from the emission of the MQS to the process of inspection and sanctioning. In doing this, the possibility of having a counterproductive regulation effect in the market is diminished; by the regulatory failure in establishing a minimum quality safety signs’ level, end-users tend to push manufacturers for 'low cost signs’ which in turn are able to meet such demands through the relaxation of product quality levels. Impact: The regulatory environment created over time has privileged safety signs’ manufacturers in ‘non-compliance’ with the MQS, and the constant demand for such products has facilitated the entry of new manufacturers. Cumulatively, the technical inability of enforcement bodies in observing safety signs’ real quality, tends to discourage stricter supervision, ultimately resulting in a complete lack of control of the regulatory process. Methodology: The present study applies the accounting tool of total cost of ownership to examine the end-user influence on the status quo of safety signage using qualitative research obtained via semi-structured interviews conducted to ten distribution companies of safety signs from the states of São Paulo and Paraná.

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O presente trabalho visa abordar os aspectos gerais do direito à laje, tal qual trazido na lei 13.465 de 11 de julho de 2017, bem como a repercussão da novidade legislativa na sociedade. A relevância se extrai do modelo de construção popular denominado laje nas comunidades brasileiras, que são largamente utilizadas e em constante crescimento. O método empregado é a análise legal, doutrinária e jurisprudencial do tema. Traça-se neste trabalho uma incursão aos direitos reais, adentrando aos aspectos comuns entre si e sua diferenciação com os direitos pessoais. Em seguida, faz-se uma breve digressão ao processo de expansão urbana no Brasil, culminando no processo de segregação urbana e formação das favelas. Vê-se que a laje foi inserida no ordenamento jurídico no patamar dos direitos reais, podendo ser extraídas da sua criação, características próprias que a diferem dos demais institutos, com destaque ao condomínio edilício, superfície civil e urbana. A aplicação do novo direito na sociedade demonstra ser viável dentro da modalidade de regularização urbana de interesse social, trazida na própria lei que instituiu o direito à laje, fora desse contexto a efetivação do direito é mais embaraçosa.

Universidade Presbiteriana Mackenzie