Educação e direitos humanos: uma análise dos relatórios da plataforma DhESCA sobre a educação no Brasil de 2003 a 2009
BITTAR, Carla Bianca. Education and human rights: an analysis of the Platform DhESCA reports on education in Brazil from 2003 to 2009. 2012. 157 f. Dissertacao (Mestrado) – Faculdade de Direito, Universidade de Sao Paulo, Sao Paulo, 2012. This research has the objective of detecting which way education is being conducted in the country, analyzing the main problems encountered in implementing this law. Therefore, it seeks to reflect on the effectiveness of education as a human right, taking as its starting point the human rights context in which is inserted, keeping therefore the same characteristics: the indivisibility, universality and interdependence in guarantee of human dignity. To promote this reflection, the methodology was a literature review and analysis of reports on education produced by Brazilian Platform of Human Rights Economic, Social, Cultural and Environmental Rights (DhESCA) in the period 2003 to 2009. The first part presents an overview about the barriers that prevent the realization of the right to education until the present day, both from the standpoint of historical and legal point of view. The second part contextualizes the relationship between education and human rights, emphasizing that by recognizing the right to education is also rescue other values such as equality, citizenship and access to other rights. The third part presents an overview of national and international legislative framework in which education is entered, analyzing its design and treatment from them. Another highlight is the importance of the role played by non-governmental organizations for the full realization of the right to education. The final part is the actual examination of education in these national reports, demonstrating the failures of governments failing to promote equality of the right material together with other human rights. For the last, the final considerations relate the findings made during the research, resuming the discussions presented at the inaugural.
METAPROGRAM OF RESEARCH IN HUMAN RIGHTS: APPLICATION OF LEGAL HUMANISM IN DISSERTATIONS AND THESES OF THE FACULTY OF LAW, UNIVERSITY OF SÃO PAULO (USP), BRAZIL
a critical analysis of some theses and dissertations on human rights of the Faculty of Law of the University of Sao Paulo, Brazil, is developed in this article with the objective of constructing a research metaprogram in legal humanism. The material used includes ten academic papers from the period 2012-2017, which were reorganized in the form of “legal research programs” that facilitated the epistemological communication among the selected authors in view of the collective construction of a conciliatory metaprogram of human rights.
Inovações no direito administrativo brasileiro
Origem do Direito Administrativo. O Direito Administrativo na Franca: paradoxos. O Direito Administrativo e o sistema da common law. Bases do Direito Administrativo brasileiro. Inovacoes no Direito Administrativo e as influencias do direito estrangeiro. Principio da legalidade e Direito Administrativo. Participacao popular. Alteracoes na ideia de discricionariedade. Alteracoes no conceito de servico publico. Movimento de agencificacao e introducao da atividade de regulacao. Principio da subsidiariedade e Direito Administrativo. Fuga do Direito Administrativo.