Administração pública, cultura e poder simbólico: diálogos com Pierre Bourdieu e o caso da Lei Paulo Gustavo julgado pelo STF

Resumo: Busca-se, neste artigo, analisar se o Supremo Tribunal Federal, em sua atuação no julgamento da Ação Direta de Inconstitucionalidade nº 4.439/DF, cumpriu ou não cumprindo ou não com o seu papel institucional no Estado Democrático de Direito delineado pela Constituição de 1988, a partir da Teoria Discursiva do Direito de Jürgen Habermas. Para isso, inicialmente será abordada a tarefa da Jurisdição Constitucional em um Estado Democrático de Direito sob a perspectiva do paradigma procedimentalista do Direito, superando a visão tradicional dos paradigmas liberal e republicano sobre a função das Cortes Constitucionais. Em seguida, será abordado o julgamento da Ação Direta de Inconstitucionalidade nº 4.439/DF, por ser este um caso recente, que versa sobre relevante questão – a interação entre o Estado Laico e a Religião – e que possibilitará a análise sobre a concepção dos Ministros acerca da função do Supremo Tribunal Federal. Assim, será possível verificar qual papel foi efetivamente desempenhado pelo STF no caso em apreço, bem como aferir se o Tribunal cumpriu ou não com a sua função institucional em um Estado Democrático de Direito.

Under the argument of the search for the effectiveness of constitutional norms, especially those that define fundamental rights, the interpretative practice of the Federal Supreme Court has produced many constitutional mutations, which can be traced back to German law. In Brazil, however, there is an apparent lack of identity in its own legal theory, especially in regards to judicial decisions. Many have questioned whether these decisions have an activist tendency, especially from the point of view of Hermeneutic Criticism of Law. Moreover, the purpose of this paper is to analyze the institute of constitutional mutation from its historical elements, in order to understand its legitimacy and adequacy in the Brazilian legal system from the philosophical foundations that guide the theory of Hermeneutic Criticism of Law, in opposition to the interpretative parameters of the Federal Supreme Court. Likewise, exploratory research and literature review was used for the same reason. This paper concludes that the production of constitutional mutations derives from a decisionist/discretionary posture of the Supreme Court, configuring activism and hurting the precepts of the Democratic State of Law. Moreover, from the point of view of Hermeneutic Criticism of Law, it is not a legitimate institute.

O presente trabalho tem como objeto de estudo o Silêncio Constitucional. No curso da pesquisa verificou-se que a delimitação do Silêncio Constitucional como instituto da Hermenêutica Constitucional é pressuposto da racionalidade jurídica das decisões judiciais de efetivação dos Direitos Fundamentais. Para que o Silêncio Constitucional seja uma das vias de desenvolvimento do Estado Democrático de Direito, este trabalho propõe-se ao estudo de sua categorização pela Teoria do Silêncio Eloquente na doutrina nacional e na Jurisprudência do Supremo Tribunal Federal (STF), em especial para responder se existe adequação da referida teoria para interpretação da Constituição Federal de 1988. A Pesquisa foi executada sob o enfoque da dogmática jurídica, portanto, com utilização preponderante do método dedutivo. Foi utilizado o método indutivo na parte do trabalho em que foi necessária a análise de casos concretos da Jurisprudência do STF. As conclusões centrais do trabalho são o risco ao Estado Democrático de Direito diante da ausência de uniformidade metodológica e de categorias da hermenêutica na interpretação do Silêncio Constitucional e a insegurança jurídica causada pela falta de controle da racionalidade das decisões judicial por meio de critérios objetivos. Diante do paradigma construído a partir da Constituição Federal de 1988, o trabalho concluiu, portanto, pela inadequação da Teoria do Silêncio Eloquente, seja tal como sistematizada pela doutrina nacional, seja tal como aplicada pelo Supremo Tribunal Federal.

The present study intends to approach the institute of the provisional measure in the Democratic State of Law committed to the realization and fulfillment of fundamental rights of benefit orders, respecting the tripartition functions. The dynamism of the current social interactions demands practical and swift instruments to be made available to the public administrators, attached to the principle of legality. This is where is find the scenario of provisional measure. The main point is that the absence of limits is not allowed in the exercise of rights. Thus, the possibility of limiting the actions of the President of the Republic in the exercise of making provisional measures and the exceptional control by the Judiciary. Key words: Provisional Measures - Democratic State of Law. Fundamental Rights. Tripartition Functions.

The Brazilian Legal system and its relation with the power in the current Brazilian scenery, and also the use of a posteriori rationality of the judge and the priori instrumentality of the legislator and of the Executive, is the theme of the present study. Its goal is to show a brief historical evolution of the Law and the State, the Power aspects, the forms of State and its acting with the origin of population. The next step is to present the use of Brazilian Legal System as a form of organization, that is, a priori instrumentality and the evolution from Liberal State to Social State, with significant changes in the legal aspects and in its form of acting. Furthermore, we carry on with the world crisis, especially the one of 1929, whose changes imposed by the end of Second World War (the decline of legal positivism) and also the advances which came with the globalization in 1990. Still considering crisis, it is discussed about the 2008 crisis and its consequences, the European crisis with its high costs of a Social State. A parallelism was done between the economy and the Law and besides that, it was drawn a legal scenery after these evolutions. Regarding these relations of power and the crisis of the power tripartism, we also showed that an ascension of Legal Law can be named as the legal protagonist or, for some, legal activism. These role has some reflexes in the Judicial Discretion, in the active management of processes, in the legal inflation of the Legislative and Executive (provisional measures), in the use of process as a strategy of power, in the legalization of politics and in the creation of binding overviews. Some case studies and considerations about justice were showed. This research is justified because the power, the contemporary legal scenery, the judicial role, the economy and the Law, and the forms of acting of the State (Liberal and Social) are current themes in the study of operators and Law scholars. Thus as these inquiries show great influence in the democratic state of Law.

The Brazilian Legal system and its relation with the power in the current Brazilian scenery, and also the use of a posteriori rationality of the judge and the priori instrumentality of the legislator and of the Executive, is the theme of the present study. Its goal is to show a brief historical evolution of the Law and the State, the Power aspects, the forms of State and its acting with the origin of population. The next step is to present the use of Brazilian Legal System as a form of organization, that is, a priori instrumentality and the evolution from Liberal State to Social State, with significant changes in the legal aspects and in its form of acting. Furthermore, we carry on with the world crisis, especially the one of 1929, whose changes imposed by the end of Second World War (the decline of legal positivism) and also the advances which came with the globalization in 1990. Still considering crisis, it is discussed about the 2008 crisis and its consequences, the European crisis with its high costs of a Social State. A parallelism was done between the economy and the Law and besides that, it was drawn a legal scenery after these evolutions. Regarding these relations of power and the crisis of the power tripartism, we also showed that an ascension of Legal Law can be named as the legal protagonist or, for some, legal activism. These role has some reflexes in the Judicial Discretion, in the active management of processes, in the legal inflation of the Legislative and Executive (provisional measures), in the use of process as a strategy of power, in the legalization of politics and in the creation of binding overviews. Some case studies and considerations about justice were showed. This research is justified because the power, the contemporary legal scenery, the judicial role, the economy and the Law, and the forms of acting of the State (Liberal and Social) are current themes in the study of operators and Law scholars. Thus as these inquiries show great influence in the democratic state of Law.

Direct Action of Unconstitutionality 6387, 6388, 6390 and 6393, Federal Council of the Brazilian Bar Association, Brazilian Social Democracy Party, Brazilian Socialist Party, Socialism and Liberty Party, Communist Party of Brazil v. Federal Government - Provisional Measure n. 954/2020, DJe. May 7th, 2020. Personal data sharing - Provisional Measure - Telecommunication Companies and The Brazilian Institute of Geography and Statistics - Covid-19 - Fundamental Right to Protection of Personal Data - Human dignity, data confidentiality, right to privacy, and to private life - Proportionality - Federal Supreme Court. The judgment of the referendum on the injunction measure was not converted into a judgment on the merits, so the decision does not have a binding effect to other levels of the judiciary. After the publication of the votes, Justice Rosa Weber, the Rapporteur, decided on the merits of the case, ruling that the action had lost its object due to the fact that the Provisional Measure was not converted into law in due time, therefore losing its validity. Even though, the decision is still a historical precedent since the Brazilian Supreme Court has been recognized data protection as a fundamental right for the first time. In this sense, such decision might guide the future the interpretation on this matter.

From the mid-20th century onwards, Brazil experienced a period of intense urbanization and industrialization, driven by government policies to replace and encourage local production. This change, marked by the expansion of workers to urban centers, resulted in socioeconomic disparities that persist to this day. The inequality in the distribution of resources, with the concentration of funding and talent in certain regions, exacerbates existing disparities and hinders the creation of a more equitable scientific ecosystem. To overcome these challenges, aggravated by Brazil's vast territorial extension, the country has implemented several strategies that consider the fundamental objectives of the Republic; one of them is revenue sharing and tax incentives. Despite this, the interpretation given by the Supreme Federal Court, especially in emblematic cases such as ADI 5.929, suggests a tendency to prioritize economic efficiency over regional assets. The role of Brazilian fiscal federalism in overcoming regional asymmetries and its real effectiveness are the subjects of investigation in this article. To this end, the hypothetical-deductive method was developed and the research technique was bibliographical survey, documentary analysis and case study. Regarding the proposed methodology, the study will be based on the analysis of decisions handed down by the Supreme Federal Court, in terms of general repercussion, in the last 10 years (period from 2014 to 2024), with a specific focus on issues related to fiscal federalism and revenue sharing mechanisms. The second methodological moment will consist of an in-depth qualitative analysis of the interpretative methods used by the STF, using the content analysis techniques proposed by Laurence Bardin, adapted to the legal context. This stage will include the identification and categorization of the different hermeneutic methods used by the Court, such as systematic, teleological, historical and literal interpretation, as well as the analysis of how these methods relate to the results of the decisions in terms of their impact on fiscal federalism.

The principle of separation of powers is present in the Federal Constitution of Brazil, and states that the powers must be independent and harmonious with each other. When cases of judicialization of public policies occur, the Judiciary has its power expanded in matters that would be of primary competence of the Legislative and Executive powers. The purpose of this article is to carry out an analysis of two specific cases that occurred in Brazil in which a judicial decision has a direct impact on public security policies. The first case is a decision by the Superior Court of Justice - STJ that changed the understanding of police pat down and suspicious attitude. The second case is a decision by the highest court in the country, the Federal Supreme Court - STF, which prohibited police operations in favelas in the city of Rio de Janeiro/RJ during the Covid-19 pandemic. The analytical lens used in these case studies was through the discretion of street-level bureaucrats, specifically looking at police officers, who are professionals who deal with the public on the street, regardless of external decisions similar to Top-Down policies. As a result, it was found that even a monocratic decision by a judge or minister can have a strong impact and change in practice the implementation of previously designed public security policies, but that street-level professionals are essential parts in this process through its discretionary power to act.

Resumen. El autor parte de la idea de que solamente tras una revision metodologica integral que permita un conocimiento adecuado del hecho o actividad economica considerada como critica se podra abordar con exito su tipificacion penal, sera viable su aprehension, interpretacion y la aplicacion de las normas establecidas. El campo donde esta realidad resulta mas evidente es el de la extra -o macrocriminalidad economica. Esta se define y se plantean los problemas inherentes a su determinacion. Se esbozan los dos criterios basicos e inevitablemente complementarios de apreciacion de la referida macrocriminalidad economica: los analisis denominados clinico-sintomatologico y tomografico. Dicho esto se profundiza en el estudio de cada uno de los sintomas exteriores propios del analisis clinico sintomatologico, a saber: la transnacionalizacion, el abuso de la posicion dominante, la apariencia de legalidad y el funcionamiento de los llamados networks ilicitos, la sobredimension del dano, la mutabilidad, el caracter difuso de las victimas y la impunidad. A continuacion se reflexiona sobre el criterio de analisis tomografico, su concepto, los supuestos del modelo y el estudio de casos concretos. Acto seguido se aborda la trascendencia dogmatica del criterio metodologico empleado, con especial referencia a la forma de tipificacion penal, la necesaria concrecion o clara reconocibilidad del bien juridico, la restriccion de las figuras de peligro, la pretension de penalizar a la persona juridica, etcetera. El articulo termina con sugerencias sobre la forma de abordar la tipificacion penal de los delitos economicos en un Estado democratico de derecho.

This article proposes an examination of the changes that have taken place in the organization of society in the face of the advancement of new mechanisms of monitoring and state surveillance, with the objective of identifying the dangers arising from them and the risks that a new digital discrimination entails for fundamental rights. Based on a dialectical analysis, we move on to the study of the necessary transformations of consent, revisiting the classic civil law institute, now in the wake of the new General Law for the Protection of Personal Data (Law nº. 13.709/2018). Subsequently, we move on to the study of the impact brought about by the decision rendered by the Federal Supreme Court in the legal analysis of ADI (Direct Action of Unconstitutionality) nº. 6.389/DF, which deemed the provisions contained in Provisional Measure nº 954/2020 and recognized the existence, in our national legal system, of the fundamental right to informative self-determination that, with the approval of EC (Constitutional Amendment) 115/22, was inserted in art. 5, LXXIX as a fundamental right to personal data protection. Finally, it concludes by the necessary structuring of the National Data Protection Authority (ANPD), provided for in article 55-A of the LGPD (General Law for the Protection of Personal Data), representing its creation as an instrument that materializes the objective dimension of this fundamental right.

Barriers and opportunities in realising sustainable energy concepts—an analysis of two Swiss case studies

The field of power and energy engineering in Jordan went through a period of decline during the period between 1990 and 2000, which resulted in students of electrical engineering pursuing other fields such as communications and computing, as the advances in the technologies of cellular communications and computer networking created more opportunities for recent graduates, and provided an attractive field of study for the students at that time. However, the recent increase in the prices of oil, and the advances in the technology of renewable energy sources such as solar and wind energy, resulted in a sudden revival in the field of power and energy engineering. In addition, due to the recent advances in the technologies of communication and computing, the notion of a “smart grid” emerged as the future of power and energy, which promised more career opportunities in this field. This decline in the number of skilled professionals in the field of power and energy, combined with the sudden increase in the available opportunities in the field created a gap in the Jordanian market requirements, which necessitated remedial actions to fix this phenomenon. That gap was noticeably felt in Amman, the capital of Jordan, which is also the center for the largest number of businesses in the country. Therefore, it became essential for the universities in Jordan to address this issue by offering degrees specializing in power and energy engineering. With its central location in the heart of Amman, and given its role as a leading technological university in the country and the region, Princess Sumaya University for Technology (PSUT) established a new “power and energy engineering” program, in which a number of specialized courses were developed, and a number of state-of-the-art laboratories were established to create a competitive degree program that produces high-quality graduates, capable of tackling the challenges presented in the field of power and energy. This paper presents the most recent upgrade that was made in the power and energy laboratories in the department of electrical engineering at the university, and evaluates their overall effect on the newly established degree program, and on the quality of education and research in the university.

This article examines the debate surrounding women-only metro carriages as a response to issues of sexual harassment in public transport through two case studies, Cairo and São Paulo. The controversies surrounding this decision, and the decision itself to implement the service, reveal relations that are not just tied to sexual issues. An analysis of the cases shows that, behind sexual issues lie issues of class. Whereas examples from the early 20th century (such as the historic cases of New York and Tokyo) show that women-only subway carriages were introduced as a means of social distinction, a century later it is working-class women who ask for this service, which they link to other non-mixed spaces for women who are victims of violence. Analysis of these cases highlight the fact that controversies and decision-making processes play out in other ‘fields of power’: which include at the level of operational implementation, and at the level of the state. Across these different fields of power, questions and values lead us astray from the only question that, from a feminist perspective, should influence the decision to introduce women-only metro carriages: does this measure favour mobility or not, and thus women’s emancipation?

Predatory money lending is no longer to be understood as a single issue of subprime mortgages in contemporary research. It also encompasses high-cost and consumer credit, spanning legal, parallel and illegal lenders, who operate in urban spaces and cyber platforms. These lenders, display parasitic behaviour and entice consumers into a financial web of stratification, where the opportunistic lender tuns the consumers into ‘cash cows’. This research shows how financial products can act as enabling factors for people with cash flow problems, who approach high-street lenders for mortgage loans, to enable them to climb the property ladder. However, when their circumstances change for unforeseen reasons, these financial products can act as excluders. Being in arrears of their mortgage can lead to high levels of marginalisation, collapse of property values, or an increase of crime in the neighbourhood; this can deter high-street institutions from establishing a branch, or they may even withdraw from this particular geographic location. Financial institutions and credit providers hold power over their consumers, due to their knowledge of financial products and familiarity with the market economy. If they withdraw from areas with limited information-technology provision, telephone banking or digital facilities such as video conferencing, this can push cash-stricken, vulnerable consumers into the web of parasitic, parallel or illegal money lenders. The increase of high-cost credit has seen a degree of fluctuation in the open urban space, since the 2007/8 crisis. Through Bourdieu’s concepts of field, culture and capital, this research brings the predatory nature of the financial sphere to the forefront of academic discourse. Two different case studies (the Welcome Centre and the Mortgage Centre) are employed to reflect on how the agents and financial institutions operate within a social and market space that encompasses the notion of the ‘field of power’ and ‘field of struggle’. Within this field of finance, market forces are operational, competing for financial capital and resources. The case studies show the emergence of stable (the Welcome Centre) and unstable fields (the Mortgage Centre), as observed through a government’ intervention which promoted the destructive nature of competition through the introduction of the FCA in 2014. This intervention impedes firms and financial institutions through stricter enforcement rules; this has resulted in companies slowly withdrawing or closing down in the high street, leaving a gap in the credit market. This research study is constructed in the form of a qualitative exploration of the construction of perceptions, identities of vulnerable consumers, and structures of predatory lending agents that operate within a field curbed by institutions that lack transparency and whose data are inaccessible to researchers and academia. The study addresses the nature of cultivated parasitic behaviour and redlining within this financial market, by reflecting upon two unconnected case studies within the social and financial field. Interviews on predatory lending were conducted with enforcement agents across the UK; results were evaluated following the Braun and Clarke’s guidance for thematic analysis. This qualitative research (Welcome Centre and Mortgage Centre) is a combination of interviews, observations, ethnographic and case studies, addressing questions identified by examining the social processes of exclusion from financial markets. Six main themes were formed: vulnerability; no access to mainstream credit; cultivated parasitic behaviour; poor economic skills; enforcement and prevention. The main significant indicators that were crucial to the research were: financial knowledge; institutional/financial stratification; social /financial marginalisation; parasitic behaviour; the underground economy; enforcement; and the capitals (social, cultural and economic). Finally, an assessment was made of the potential to stabilise the financial field of the predatory lending market, during crisis capitalism.